[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Rules and Regulations]
[Pages 38135-38138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16730]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing a security zone for certain
navigable waters of Lake Erie, Cleveland, OH. This action 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. This regulation prohibits persons and vessels from
being in the security zone unless specifically authorized by the
Captain of the Port (COTP) Buffalo or a designated representative.
DATES: This rule is effective September 5, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0213 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 about this
proposed rulemaking, contact LT Sean Dolan, Chief Waterways Management
Division at 716-843-9322 or 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
Previously, COTP Buffalo implemented emergent security zones around
Burke Lakefront Airport, Cleveland, OH, whenever Senior Government
Officials or foreign dignitaries utilized the airport. On April 29,
2019, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled Security Zone; Burke Lakefront Airport, Lake Erie, Cleveland, OH
(84 FR 17981). There we stated why we issued the NPRM, and invited
[[Page 38136]]
comments on our proposed regulatory action related to this security
zone. During the comment period that ended June 28, 2019, we received
one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051. The purpose of the rulemaking is to ensure the safety and
security of vessels, the public, and navigable waters within the
security zone before, during, and after the arrival and departure of
certain individuals. The COTP Buffalo determined that a security zone
is necessary to protect those within the security zone and surrounding
area from terrorist acts, sabotage, or other subversive acts,
accidents, or other causes of a similar nature.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
29, 2019. The comment stated based upon our listed coordinates that we
had the wrong distance contained within the zone. The comment also
requested that we include a statement about the datum of the
coordinates. In response to the comment we updated the distance from
the shore covered by the security zone, and included a statement about
the datum of the coordinates. There are no other changes in the
regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a security zone that will be enforced only
upon notice by the COTP Buffalo. The COTP Buffalo will provide notice
of enforcement of the security zone established by this section,
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 also 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 encompass 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 (NAD 83); then following the
shoreline back to the point of origin.
The Captain of the Port Buffalo determined that the security zone
in this rule is necessary to protect Senior Government Officials or
foreign dignitaries. No vessel or person is 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.
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 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 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 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
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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.
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 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 (NAD 83); then following the shoreline back to the
point of origin. It is categorically excluded from further review under
paragraph L[60](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 record
keeping 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. 165.913 to read as follows:
Sec. 165.913 Security Zone; Burke Lakefront Airport, Lake Erie,
Cleveland, OH.
(a) Location. This security zone includes all waters extending from
the surface to the sea floor within approximately 650 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 (NAD
83); 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. 165.33 of this part, entry into, transiting, or anchoring within
this security zone is prohibited unless authorized by the Captain of
the Port Buffalo or her 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 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 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.
(g) Authority. In addition to 46 U.S.C. 70034 and 46 U.S.C. 70051,
the authority for this section includes 46 U.S.C. 70116.
[[Page 38138]]
Dated: July 29, 2019.
L.M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2019-16730 Filed 8-5-19; 8:45 am]
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