[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]
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