[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Proposed Rules]
[Pages 17981-17984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08577]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0213]
RIN 1625-AA87
Security Zone; Burke Lakefront Airport, Lake Erie, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a security zone for
navigable waters of Lake Erie, Cleveland, OH. This security zone is
necessary to protect 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
(COTP) Buffalo or a designated representative. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 28, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0213 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT 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, Purpose, and Legal Basis
Previously COTP Buffalo has had to implement emergent security
zones around Burke Lakefront Airport, Cleveland, OH whenever Senior
Government Officials or foreign dignitaries utilized the airport for
travel into and out of Cleveland, OH. The COTP Buffalo has determined
that a security zone is necessary to protect certain individuals,
vessels, the public, and surrounding waterways from terrorist acts,
sabotage, or other subversive acts, accidents, or other causes of a
similar nature.
The purpose of this rulemaking is to ensure the safety of vessels,
the public, and the navigable waters within the security zone before,
during, and after the arrival and departure of certain individuals when
notified. The Coast Guard is proposing this rulemaking under authority
in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
[[Page 17982]]
III. Discussion of Proposed Rule
The COTP is proposing to establish a security zone that will be
enforced only upon notice of the COTP Buffalo. The COTP Buffalo will
cause notice of enforcement of the security zone established by this
section to be made by all appropriate means to the affected segments of
the public including publication in the Federal Register as
practicable, in accordance with 33 CFR 165.7(a). Such means of
notification may also include, but are not limited to Broadcast Notice
to Mariners or Local Notice to Mariners. The COTP Buffalo will issue a
Broadcast Notice to Mariners notifying the public when enforcement of
the security zone is established by this section is suspended. The
security zone will encompasses all waters in Lake Erie within a line
connecting the following geographical positions: 41[deg]31'45'' N,
081[deg]39'20'' W; then extending Northwest to 41[deg]32'23'' N,
081[deg]39'46'' W; then extending Southwest to 41[deg]31'02'' N,
081[deg]42'10'' W; then extending Southwest to the shoreline at
41[deg]30'38'' N, 081[deg]41'53'' W; then following the shoreline back
to the point of origin.
The security zone is necessary to protect Senior Government
Officials or foreign dignitaries. No vessel or person would be
permitted to enter the security zone without obtaining permission from
the COTP or a designated representative. The Captain of the Port or his
or her designated representative may be contacted via VHF Channel 16 or
at 716-843-9525. The regulatory text we are proposing appears at the
end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 need to
protect individuals, personnel, vessels, the public, and surrounding
waterways from terrorist acts, sabotage, or other subversive acts,
accidents or other causes of a similar nature. We conclude that this
rule 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,
effective only during the time necessary to protect individuals,
personnel, vessels, the public, and surrounding waterways, 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 restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the security zone when permitted by the Captain
of the Port.
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
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
[[Page 17983]]
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 made a preliminary
determination 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 proposed rule involves establishing a security zone
that encompasses all waters in Lake Erie within a line connecting the
following geographical positions: 41[deg]31'45'' N, 081[deg]39'20''' W;
then extending Northwest to 41[deg]32'23'' N, 081[deg]39'46'' W; then
extending Southwest to 41[deg]31'02'' N, 081[deg]42'10'' W; then
extending Southwest to the shoreline at 41[deg]30'38'' N,
081[deg]41'53'' W; then following the shoreline back to the point of
origin.. Normally such actions are 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 preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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: 46 U.S.C. 70034, 70051; 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. 165.913 to read as follows:
Sec. 165.913 Security Zone; Burke Lakefront Airport, Lake Erie,
Cleveland, OH.
(a) Location. Burke Lakefront Airport. This security zone includes
all waters extending from the surface to the sea floor within
approximately 200 yards seaward from the shoreline of the Burke
Lakefront Airport and encompasses all waters in Lake Erie within a line
connecting the following geographical positions: 41[deg]31'45'' N,
081[deg]39'20'' W; then extending Northwest to 41[deg]32'23'' N,
081[deg]39'46'' W; then extending Southwest to 41[deg]31'02'' N,
081[deg]42'10'' W; then extending Southwest to the shoreline at
41[deg]30'38'' N, 081[deg]41'53'' W; then following the shoreline back
to the point of origin.
(b) Definitions. (1) Designated representative means any Coast
Guard commissioned, warrant, or petty officers designated by the
Captain of the Port Buffalo to monitor a security zone, permit entry
into a security zone, give legally enforceable orders to persons or
vessels within a security zone, and take other actions authorized by
the Captain of the Port Buffalo.
(2) Public vessel means a vessel that is owned, chartered, or
operated by the United States, or by a State or political subdivision
thereof.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, 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) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port Buffalo or a designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission from the Captain of the Port
Buffalo or a designated representative to enter, move within or exit
the security zone established in this section when the security zone is
enforced. Vessels and persons granted permission to enter the security
zone shall obey all lawful orders or directions of the Captain of the
Port Buffalo or a designated representative. While within the security
zone, all vessels shall operate at the minimum speed necessary to
maintain a safe course.
(d) Notice of Enforcement or Suspension of Enforcement. The
security zone established by this section will be enforced only upon
notice of the Captain of the Port Buffalo. The Captain of the Port
Buffalo will cause notice of enforcement of the security zone
established by this section to be made by all appropriate means to the
affected segments of the public including publication in the Federal
Register as practicable, in accordance with Sec. 165.7(a). Such means
of notification may also include, but are not limited to Broadcast
Notice to Mariners or Local Notice to Mariners. The Captain of the Port
Buffalo will issue a Broadcast Notice to Mariners notifying the public
when enforcement of the security zone established by this section is
suspended.
(e) Exemption. Public vessels as defined in paragraph (b) of this
section are exempt from the requirements in this section.
(f) Waiver. For any vessel, the Captain of the Port Buffalo or a
designated representative may waive any of the requirements of this
section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of safety or environmental safety.
[[Page 17984]]
Dated: April 24, 2019
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2019-08577 Filed 4-26-19; 8:45 am]
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