[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Rules and Regulations]
[Pages 55282-55284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24059]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1007]
RIN 1625-AA87


Security Zone; Senior Government Official's Visit to Cleveland, 
Lake Erie, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
navigable waters on Lake Erie for a senior government official's visit 
to Cleveland, OH. The security zone is necessary to protect the 
official party, the public and surrounding waterways from terrorist 
acts, sabotage or other subversive acts, accidents, or other causes of 
a similar nature. Entry of vessels or persons into the zone is 
prohibited unless specifically authorized by the Captain of the Port 
Buffalo or a designated representative.

DATES: This rule is effective from 8:00 a.m. until 8:00 p.m. on 
November 5, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1007 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Sean Dolan, 716-843-9322, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable and contrary to 
the public interest due to sensitive security issues related to a 
Senior Government Official's visit to Cleveland, OH. Providing a public 
notice and comment period would be contrary to the security zone's 
intended objective of protecting the official party and the public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay encountered in this 
temporary rule's effective date would be contrary to the public 
interest given the need to ensure the safety and security during a 
Senior Government Official's visit on November 5, 2018.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Buffalo has determined that potential 
security hazards are associated with this event in this area. These 
hazards include potential security threats, violent or disruptive 
public disorder, delivery of a weapon of mass destruction, launch of a 
stand-off attack weapon, or delivery of an armed assault force. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the security zone throughout 
the duration of the event.

IV. Discussion of the Rule

    On November 5, 2018, a Senior Government Official is expected to 
visit Cleveland, Ohio. The venue will include locations near downtown 
Cleveland. The security zone will cover all navigable waters within 
portions of Lake Erie: 41[deg]31'45'' N, 081[deg]39'20'' W (just East 
of Forest City Yacht Club and West of Quay 55); then extending 
approximately 4,000 feet northwest to position 41[deg]32'23'' N, 
081[deg]39'46'' W (about 900 feet past the east break wall); then 
extending approximately 13,000 feet to position 41[deg]31'02'' N, 
081[deg]42'10'' W; then extending southwest to the shoreline at 
position 41[deg]30'38'' N, 081[deg]41'53'' W (near the northwest edge 
of Voinovich Park); then following the shoreline back to the point of 
origin, in the vicinity of the Burke Lakefront Airport.
    The security zone is necessary to protect the official party, 
personnel, vessels, the public and surrounding waterways from terrorist 
acts, sabotage or other subversive acts, accidents, or other causes of 
a similar nature. No vessel or person will be permitted to enter the 
security zone without obtaining permission from the Captain of the Port 
(COTP) or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that we 
anticipate that it will have a minimal impact on the economy, will not 
interfere with other agencies, will not adversely alter the budget of 
any grant or loan recipients, and will not raise any novel legal or 
policy issues. The security zone created by this rule will be 
relatively small and is designed to minimize its impact on navigable 
waters. Furthermore, the security zone has been designed to allow 
vessels to transit around it. Thus, restriction on vessel movement 
within that particular area are expected to be minimal.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their

[[Page 55283]]

fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule 
establishes a security zone. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 
1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-1007 to read as follows:


Sec.  165.T09-1007   Security Zone; Senior Government Official's Visit 
to Cleveland, Lake Erie, Cleveland, OH.

    (a) Location. The security zone will encompass all waters of 
Cleveland Harbor (near the Burke Lakefront Airport) starting shoreline 
at position 41[deg]31' 45'' N, 081[deg]39' 20'' W (just East of Forest 
City Yacht Club and West of Quay 55); then extending approximately 
4,000 feet northwest to position 41[deg]32' 23'' N, 081[deg]39' 46'' W 
(about 900 feet past the east break wall); then extending approximately 
13,000 feet to position 41[deg]31' 02'' N, 081[deg]42' 10'' W; then 
extending southwest to the shoreline at position 41[deg]30' 38'' N, 
081[deg]41' 53'' W (near the northwest edge of Voinovich Park); then 
following the shoreline back to the point of origin.
    (b) Enforcement Period. This rule is effective from 8:00 a.m. until 
8:00 p.m. on November 5, 2018.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into, transiting, or anchoring within this security 
zone is prohibited unless authorized by the Captain of the Port Buffalo 
or his designated on-scene representative.
    (2) This security zone is closed to all vessel traffic, except as 
may be permitted by the Captain of the Port Buffalo or his designated 
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the 
security zone must contact the Captain of the Port Buffalo or his on-
scene representative to obtain permission to do so. The Captain of the 
Port Buffalo or his on-scene representative may be contacted via VHF 
Channel 16. Vessel operators given permission to enter or operate in 
the safety zone must comply with all directions given to them by the 
Captain

[[Page 55284]]

of the Port Buffalo, or his on-scene representative.

    Dated: October 30, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-24059 Filed 11-2-18; 8:45 am]
 BILLING CODE 9110-04-P