[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Pages 29073-29076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13261]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0211]
RIN 1625-AA00


Safety Zone; Cuyahoga 50th Parade of Lights; Cuyahoga River, 
Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 29074]]

SUMMARY: The Coast Guard is establishing a moving safety zone to 
provide for the safety of life on these navigable waters in the 
Cuyahoga River, Cleveland, OH, during the Cuyahoga 50th Parade of 
Lights on June 22, 2019. This temporary safety zone is necessary to 
protect personnel, vessels, and the marine environment from the 
potential hazards created by 125 vessels transiting in the river with 
decorative lights not normally used as navigation lights. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector Buffalo.

DATES: This rule is effective from 9:15 p.m. until 11:15 p.m. on June 
22, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0211 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 LT Ryan Junod, Chief of Waterways Management, U.S. Coast 
Guard Marine Safety Unit Cleveland; telephone 216-937-0124, 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

    On January 30, 2019, the Lake Erie Marine Trades Association 
notified the Coast Guard that it will be conducting a Boat Parade from 
9:30 to 11:00 p.m. on June 22, 2019, to commemorate the 50th 
Anniversary of the Burning River. The boat parade will begin in 
Cleveland Harbor west basin and proceed upriver to Merwin's Wharf where 
they will turn around and head back down river to Lake Erie. In 
response, on April 26, 2019, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; Cuyahoga 50th Parade of 
Lights; Cuyahoga River, Cleveland, OH (84 FR 17760). We stated why we 
proposed this rulemaking, and invited comments on our regulatory action 
related to this Boat Parade. During the comment period that ended May 
28, 2019, we received one comment.
    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. Delaying the effective date would 
be contrary to the rule's objectives of ensuring safety of life on the 
navigable waters and protection of persons and vessels near the boat 
parade.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Buffalo 
determined that potential hazards associated with 125 vessels 
displaying decorative lights that are not used for navigation will be a 
safety concern for other vessels underway. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone during the Cuyahoga 50th Parade of 
Lights.

IV. Discussion of Comments, Changes, and the Rule

    We received one comment on our NPRM published April 26, 2019. The 
comment requested information on how the rule will be enforced, and how 
local communities are being notified. The rule will be enforced by U.S. 
Coast Guard Station personnel on behalf of the Captain of the Port 
Buffalo, the event was published in the Local Notice to Mariners and 
there will be a Broadcast Notice to Mariners for notification to the 
public. There are no changes in the regulatory text of this temporary 
final rule from the proposed rule in the NPRM due to the comments.
    This rule establishes a safety zone from 9:30 p.m. through 11:15 
p.m. on June 22, 2019. The moving safety zone will encompass all waters 
within 25 feet of the vessels participating in the Cuyahoga 50th Parade 
of Lights in the Cuyahoga River. The safety zone will move with 
participating vessels as they transit from the mouth of the Cuyahoga 
River in the vicinity of position 41[deg]29'59'' N, 081[deg]43'31'' W, 
to Merwin's Wharf in the vicinity of 41[deg]29'23'' N, 081[deg]42'16'' 
W, and returning to the mouth of the Cuyahoga River in the vicinity of 
41[deg]29'59'' N, 081[deg]43'31'' W (NAD 83). Entry into, transiting, 
or anchoring within the safety zone is prohibited unless authorized by 
the Captain of the Port or a designated on-scene representative. The 
Captain of the Port or a designated on-scene representative may be 
contacted via VHF Channel 16.

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 this rule not 
being a significant regulatory action because we anticipate that it 
will have 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 
safety zone created by this rule will be relatively small and enforced 
for a relatively short time. Also, the safety zone is designed to 
minimize its impact on navigable waters. Furthermore, the safety zone 
is 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 safety 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant

[[Page 29075]]

economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety 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 
Order13132.
    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.

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 Environmental Planning COMDTINST 5090.1 (series), 
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 involves a safety zone lasting two hours that 
will encompass all waters within 25 feet of the vessels participating 
in the Cleveland 50th Parade of Lights in the Cuyahoga River. It is 
categorically excluded from further review under paragraph L60(a) in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures 5090.1. 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: 46 U.S.C. 70034, 70051; 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.  [thinsp]165.T09-0211 to read as follows:


Sec.  [thinsp]165.T09-0211  Safety Zone; Cuyahoga 50th Parade of 
Lights; Cuyahoga River, Cleveland, OH.

    (a) Location. The moving safety zone will encompass all waters 
within 25 feet of the vessels participating in the Cleveland 50th 
Parade of Lights in the Cuyahoga River. The safety zone will move with 
participating vessels as they transit from the mouth of the Cuyahoga 
River in the vicinity of position 41[deg]29'59'' N, 081[deg]43'31'' W, 
to Merwin's Wharf in the vicinity of 41[deg]29'23'' N, 081[deg]42'16'' 
W, and returning to the mouth of the Cuyahoga River in the vicinity of 
41[deg]29'59'' N, 081[deg]43'31'' W (NAD 83).
    (b) Effective and enforcement period. This regulation is effective 
and will be enforced on June 22, 2019, from 9:15 p.m. until 11:15 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  [thinsp]165.23, entry into, transiting, or anchoring within this 
safety zone is prohibited unless authorized by the Captain of the Port 
Buffalo or a designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or a 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 
is designated by the Captain of the Port Buffalo to act on their 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Buffalo or an on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or an on-scene representative may be contacted via VHF Channel 
16 or at 716-843-9525. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the Captain of the Port Buffalo, or their on-scene 
representative.


[[Page 29076]]


    Dated: June 18, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2019-13261 Filed 6-20-19; 8:45 am]
BILLING CODE 9110-04-P