[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Rules and Regulations]
[Pages 56889-56891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20093]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0273]
RIN 1625-AA00


Safety Zone; Black River, South of East Erie Avenue Bridge in 
Front of Black River

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

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Black River. This action is necessary to provide 
for the safety of life on these navigable waters near Black River 
Landing, Lorain, OH, during a dragon boat festival. This established 
rulemaking will prohibit persons and vessels from being in the safety 
zone unless authorized by the Captain of the Port Buffalo or a 
designated representative.

DATES: This rule is effective from 8 a.m. through 5 p.m. on September 
18, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0273 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Jared Stevens, Waterways Management Division, Marine 
Safety Unit Cleveland, U.S. Coast Guard; 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

[[Page 56890]]

NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Cleveland Dragon Boat Festival has occurred annually for over a 
decade. In past years events were held on the Cuyahoga River in 
conjunction with the Head of the Cuyahoga regatta, for which the 
Captain of the Port Buffalo initiated a rulemaking in 2015 (80 FR 
51943) to protect spectators, participants, and vessels from the 
hazards associated with the rowing event. Due to increased 
participation in the Dragon Boat Festival, the dragon boat event has 
been relocated to the Black River Landing in Lorain, OH, to preserve 
the safety of spectators and vessels.
    On January 31, 2022, the Cleveland Dragon Boat Association notified 
the Coast Guard that it would be conducting a dragon boat festival from 
8 a.m. through 5 p.m. on September 18, 2022. In response to this 
request the Coast Guard published a notice of proposed rulemaking 
(NPRM) on June 17, 2022 (87 FR 36430), with zero comments submitted. 
Typically, the event occurs on, or around, the first through third 
Saturday of September between the hours of 8 a.m. and 5 p.m. The Dragon 
Boat Festival is to occur south of the East Erie Avenue bridge in front 
of the Black River Landing in Lorain, OH. Hazards from the event 
include, but are not limited to, sponsor operated vessels needing to 
transit the area during the festival. These vessels are expected to 
accompany the vessels competing in the rowboat style races. The Captain 
of the Port Buffalo (COTP) has determined that potential hazards 
associated with the festival will be a safety concern for anyone within 
this portion of the Black River.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within this portion of the Black River before, 
during, and after the scheduled event. The Coast Guard is establishing 
this rulemaking under authority in 46 U.S.C. 70034 (previously 33 
U.S.C. 1231).

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 Buffalo (COTP) 
has determined that potential hazards associated with the festival on 
September 18, 2022, will be a safety concern for anyone that is not 
participating in the festival. The purpose of this rule is to ensure 
safety of vessels and the navigable waters in the safety zone before, 
during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published June 
17, 2022. There are minor changes in the regulatory text of this rule 
from the proposed rule in the NPRM.
    This rule establishes a safety zone from 8 a.m. through 5 p.m. on 
September 18, 2022. The safety zone will cover all navigable waters of 
the Black River to include south of the East Erie Avenue Bridge in 
front of the Black River Landing in Lorain, OH. The duration of the 
zone is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the scheduled 8 a.m. through 5 p.m. 
festival. No vessel or person will be permitted to enter the safety 
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 size, location, 
and duration of the rule. This safety zone will restrict navigation on 
and through a small designated portion of the Black River for nine 
hours on one day.

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 
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 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

[[Page 56891]]

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.

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 
safety zone lasting nine hours that will prohibit entry within the area 
south of the East Erie Avenue Bridge in front of the Black River 
Landing. 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. A Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.

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

    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. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T09-0273 to read as follows:


Sec.  165.T09-0273  Safety Zone, Black River, South of East Erie Avenue 
Bridge in Front of Black River Landing, Lorain, OH.

    (a) Location. The following area is a safety zone: All navigable 
waters within the area south of the East Erie Avenue Bridge in front of 
the Black River Landing in Lorain, Ohio.
    (b) Enforcement period. This section will be enforced from 8 a.m. 
through 5 p.m. on September 18, 2022.
    (c) Definitions. Official Patrol Vessel 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 
(COTP) in the enforcement of the regulations in this section. 
Participant means all persons and vessels attending the event.
    (d) Regulations. During the enforcement of the safety zone in 
paragraph (a) of this section, the following regulations, along with 
those contained in this part, apply:
    (1) The Coast Guard may patrol the event area under the direction 
of a designated Coast Guard Patrol Commander. The Patrol Commander may 
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM.''
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels designated or assigned by 
the Captain of the Port Buffalo to patrol the event.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer and will be operated at a no wake speed in a 
manner which will not endanger participants in the event or any other 
craft.
    (4) No spectator shall anchor, block, loiter, or impede the through 
transit of official patrol vessels in the regulated area from 8 a.m. 
through 5 p.m. on September 18, 2022, unless cleared for entry by or 
through an official patrol vessel.
    (5) The Patrol Commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated area 
specified in this section, but may not anchor in, block, or loiter in a 
navigable channel.
    (7) The Patrol Commander may terminate the event or the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property.
    (8) The Patrol Commander will terminate enforcement of the special 
regulations in this section at the conclusion of the event.

    Dated: September 13, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-20093 Filed 9-15-22; 8:45 am]
BILLING CODE 9110-04-P