[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Rules and Regulations]
[Pages 17066-17068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06728]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0155]
RIN 1625-AA87


Security Zone; Cleveland Harbor, Cleveland, OH

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
navigable waters surrounding the Port of Cleveland, First Energy 
Stadium, The Rock and Roll Hall of Fame, and Voinovich Bicentennial 
Park from east of the Cuyahoga River entrance to west of the Voinovich 
Bicentennial Park and outward from shore, including inlets, to the 
navigation channel as marked by navigation buoys, but not including the 
channel. The security zone is needed to protect the public, 
participants, and spectators of the 2021 NFL Draft from terrorist and 
similar criminal acts, accidents, or other incidents detrimental to 
public safety. Entry of persons, vessels or objects into this zone when 
under enforcement is prohibited unless specifically authorized by the 
Captain of the Port Buffalo or her representative.

DATES: This rule is effective from 8 a.m. on April 29, 2021, through 
11:59 p.m. on May 1, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0155 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 Petty Officer Natalie Smith, Waterways Management 
Division, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-
937-6007, email [email protected].

[[Page 17067]]


SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NFL National Football League
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
VHF-FM Very High Frequency-Frequency Modulated

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 would be contrary to the public 
interest. Due to the potential impact to public safety and high 
visibility associated with the 2021 NFL Draft, providing a public 
notice and comment period would be contrary to the security zone's 
intended objective of protecting the public, as certain security 
measures cannot be shared with the public associated with enforcing the 
security zone. Additionally, the remaining time left to implement the 
zone is not sufficient to provide public notice and comment. However, 
failing to implement the zone would present an unacceptable risk to the 
public and participants involved in the NFL draft.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for a 30-day notice period to run 
would be impracticable and contrary to the public interest.

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 has 
determined that potential hazards associated with the 2021 NFL Draft 
are a security concern for the surrounding area. This event is highly 
visible and expected to draw large crowds in a concentrated area. 
Hazards include potential security threats, violent or disruptive 
public disorder, delivery of a weapon of mass destruction, launch of a 
stand-off attack weapon, delivery of an armed assault force, or other 
similar criminal act or accident. This rule is needed to protect 
people, vessels, property, and the marine environment in the navigable 
waters within the security zone at various times throughout the event.

IV. Discussion of the Rule

    From April 29, 2021, through May 1, 2021, the 2021 NFL Draft will 
be held in Cleveland, Ohio. The primary venue for the 2021 NFL Draft is 
First Energy Stadium, which is adjacent or proximate to Cleveland 
Harbor and Lake Erie. A secondary venue hosting NFL Draft-related 
activities includes the Rock and Roll Hall of Fame and surrounding open 
areas adjacent to the water. The security zone will cover all navigable 
waters surrounding the Port of Cleveland, First Energy Stadium, The 
Rock and Roll Hall of Fame and Voinovich Bicentennial Park from east of 
the Cuyahoga River entrance to west of the Voinovich Bicentennial Park 
and outward from shore to the navigation channel as marked by 
navigation buoys, but not including the channel. The zone will include 
all inlets to the shore. The duration of the zone is intended to 
protect people, vessels, property and the marine environment in these 
navigable waters while the event and related activities are taking 
place. No vessel, person, or object will be permitted to enter or 
remain in the security zone without obtaining permission from the 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. 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).
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the security zone. Vessel 
traffic will be able to safely transit around the security zone, which 
will impact a small designated area and will be enforced only during 
the event and event-related activities. The security zone is in a 
location where commercial vessel traffic is expected to be minimal 
during enforcement and navigation channels will remain open and outside 
the zone; additionally, vessel traffic would be authorized to transit 
the security zones to the extent compatible with public safety and 
security; persons and vessels would be able to operate in the 
surrounding area adjacent to the security zone during the enforcement 
period; persons and vessels would be able to enter or remain within the 
security zone if authorized by the COTP Buffalo or a designated 
representative. Moreover, the Coast Guard will issue Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the zone and the rule 
allows vessels to seek permission to enter the zone.

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 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 
call or email 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

[[Page 17068]]

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, Rev. 1, associated implementing instructions, 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 
security zone that will prohibit entry within waters surrounding First 
Energy Stadium and The Rock and Roll Hall of Fame. 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. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.  165.T09-0155 to read as follows:


Sec.  165.T09-0155   Security Zone; 2021 NFL Draft, Cleveland Harbor, 
Cleveland, Ohio.

    (a) Location. The security zone will encompass all waters of 
Cleveland Harbor East Basin that are within the following boundary to 
the shore including inlets and harbors: Starting from a point at 
41[deg]30'41.24'' North Latitude and 81[deg]41'47.6'' West Longitude 
and proceeding North-Northwest until intersecting a point at position 
41[deg]30'49.222'' North Latitude and 081[deg]41'52.375'' West 
Longitude (the Green East Basin Channel Lighted Buoy number 5 on NOAA 
chart 14839); thence proceeding Southwest until intersecting a point at 
41[deg]30'18.22'' North Latitude and 81[deg]42'41.71'' West Longitude; 
thence proceeding South until intersecting a point at position 
41[deg]30'14.3'' North Latitude and 81[deg]42'41.714'' West Longitude 
(Green Main Entrance Light number 5 on NOAA chart 14839) (NAD83).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Buffalo. Authority to designate may be delated by 
the Captain of the Port Buffalo. A designation need not be in writing.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33, entry into, transiting, remaining, or anchoring within 
this security zone is prohibited unless authorized by the Captain of 
the Port Buffalo or a designated on-scene representative.
    (2) This security zone is closed to all traffic, except as may be 
permitted by the Captain of the Port Buffalo or their designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant, petty officer, or 
Federal, State, or local law enformcement officer who is designated by 
the Captain of the Port Buffalo to act on her behalf.
    (d) Enforcement period. This section will be enforced 
intermittently from 8:00 a.m. on April 29, 2021, through 11:59 p.m. on 
May 1, 2021.

    Dated: March 26, 2021.
L.M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2021-06728 Filed 3-31-21; 8:45 am]
BILLING CODE 9110-04-P