80_FR_35964 80 FR 35844 - Safety Zone; Black River Kayak-a-thon; Black River, Lorain, OH

80 FR 35844 - Safety Zone; Black River Kayak-a-thon; Black River, Lorain, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 120 (June 23, 2015)

Page Range35844-35846
FR Document2015-15409

The Coast Guard is establishing a temporary safety zone on Black River, Lorain, OH. This safety zone is intended to restrict vessels from a portion of the Black River during the Black River Kayak- a-thon. This temporary safety zone is necessary to protect participants and mariners from the navigational hazards associated with a paddle sport regatta.

Federal Register, Volume 80 Issue 120 (Tuesday, June 23, 2015)
[Federal Register Volume 80, Number 120 (Tuesday, June 23, 2015)]
[Rules and Regulations]
[Pages 35844-35846]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15409]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0496]
RIN 1625-AA00


Safety Zone; Black River Kayak-a-thon; Black River, Lorain, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Black River, Lorain, OH. This safety zone is intended to restrict 
vessels from a portion of the Black River during the Black River Kayak-
a-thon. This temporary safety zone is necessary to protect participants 
and mariners from the navigational hazards associated with a paddle 
sport regatta.

DATES: This rule is effective from 7:45 a.m. until 2:15 p.m. on June 
27, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0496]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast 
Guard Marine Safety Unit Cleveland; telephone 216-937-0128. If you have 
questions on viewing the docket, call Ms. Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527.

[[Page 35845]]


SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 doing so would be impracticable. The 
final details for this event were not known to the Coast Guard until 
there was insufficient time remaining before the event to publish an 
NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect spectators and vessels from the 
hazards associated with a paddle sport regatta. Therefore, under 5 
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for 
making this temporary 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.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 
2064; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    Between 7:45 a.m. and 2:15 p.m. on June 27, 2015, a paddle sport 
regatta will be held on the Black River, Lorain, OH, from French Creek 
at river mile marker 5.0 to the Bascule Bridge at river mile marker 
0.3. It is anticipated that up to 75 paddle craft will participate in 
the event. The Captain of the Port Buffalo has determined that such a 
gathering of watercraft poses a significant risk to public safety and 
property. Such hazards include vessels restricted in maneuverability, 
vessels with low visibility, and high traffic congestion within a 
narrow channel.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Buffalo has determined that this temporary safety zone is necessary to 
ensure the safety of spectators and vessels during the Black River 
Kayak-a-thon. This zone will be enforced from 7:45 a.m. until 2:15 p.m. 
on June 27, 2015. This zone will encompass all waters of Black River; 
Lorain, OH from position 41[deg]27'28'' N and 082[deg]06'10'' W (NAD 
83) in the vicinity of French Creek at river mile marker 5.0 to 
position 41[deg]28'11'' N and 082[deg]10'32'' W (NAD 83) in the 
vicinity of the Bascule Bridge at river mile marker 0.3.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    We conclude that this rule is not 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 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 safety zone when 
permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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. 
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. This rule will affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in a portion of Black River on the morning of June 
27, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone would be effective, and thus subject to enforcement, for 
only six and a half hours. Traffic may be allowed to pass through the 
zone with the permission of the Captain of the Port. The Captain of the 
Port can be reached via VHF channel 16. Before the enforcement of the 
zone, we would issue local Broadcast Notice to Mariners.

3. Assistance for Small Entities

    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 above.
    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.

[[Page 35846]]

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 the establishment of a safety zone and, 
therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

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 parts 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:  33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T09-0496 to read as follows:


Sec.  165.T09-0496  Safety Zone; Black River Kayak-a-thon; Black River, 
Lorain, OH.

    (a) Location. This zone will encompass all waters of Black River; 
Lorain, OH from position 41[deg]27'28'' N. and 082[deg]06'10'' W. (NAD 
83) in the vicinity of French Creek at river mile marker 5.0 to 
position 41[deg]28'11'' N. and 082[deg]10'32'' W. (NAD 83) in the 
vicinity of the Bascule Bridge at river mile marker 0.3.
    (b) Enforcement period. This regulation will be enforced on June 
27, 2015 from 7:45 a.m. until 2:15 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his 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 his 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 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. 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 his on-scene representative.

    Dated: June 8, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-15409 Filed 6-22-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                35844              Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations

                                                specified area immediately prior to,                    located at position 42°7.7′ N; 083°10.7′               for the full duration stated in this
                                                during, and immediately after regattas                  W, and along the shoreline to the point                document, he may suspend such
                                                or marine parades.                                      of origin. This area is in the Trenton                 enforcement and notify the public of the
                                                DATES: The regulations in 33 CFR                        Channel between Trenton and Grosse                     suspension via a Broadcast Notice to
                                                100.914, 100.915, 100.918, 100.919, and                 Isle, MI.                                              Mariners.
                                                100.920 will be enforced at specified                      (4) § 100.915 St. Clair River Classic                 Dated: June 8, 2015.
                                                dates and times between June 26, 2015                   Offshore Race, St. Clair, MI. This special
                                                                                                                                                               Scott B. Lemasters,
                                                and August 23, 2015.                                    local regulation will be enforced from
                                                                                                        10 a.m. to 7 p.m. each day from July 20,               Captain, U. S. Coast Guard, Captain of the
                                                FOR FURTHER INFORMATION CONTACT: If                                                                            Port Detroit.
                                                you have questions on this document,                    2015 through July 26, 2015. A regulated
                                                                                                        area is established to include all waters              [FR Doc. 2015–15408 Filed 6–22–15; 8:45 am]
                                                call or email Petty Officer First Class
                                                Todd Manow, Prevention Department,                      of the St. Clair River, St. Clair,                     BILLING CODE 9110–04–P

                                                U.S. Coast Guard Sector Detroit, 110                    Michigan, bounded by latitude
                                                Mount Elliot Ave., Detroit MI, 48207;                   42°52′00″ N to the north; latitude
                                                                                                        42°49′00″ N to the south; the shoreline                DEPARTMENT OF HOMELAND
                                                telephone (313)568–9580, email                                                                                 SECURITY
                                                Todd.M.Manow@uscg.mil.                                  of the St. Clair River on the west; and
                                                                                                        the international boundary line on the                 Coast Guard
                                                SUPPLEMENTARY INFORMATION: The Coast
                                                                                                        east.
                                                Guard will enforce the following special                   Special Local Regulations:
                                                local regulations listed in 33 CFR part                    (1) In accordance with § 100.901,                   33 CFR Part 165
                                                100, Safety of Life on Navigable Waters,                entry into, transiting, or anchoring                   [Docket Number USCG–2015–0496]
                                                on the following dates and times, which                 within these regulated areas is
                                                are listed in chronological order:                                                                             RIN 1625–AA00
                                                                                                        prohibited unless authorized by the
                                                   (1) § 100.919 International Bay City                 Coast Guard patrol commander
                                                River Roar, Bay City, MI. This special                                                                         Safety Zone; Black River Kayak-a-thon;
                                                                                                        (PATCOM). The PATCOM may restrict                      Black River, Lorain, OH
                                                local regulation will be enforced from 9                vessel operation within the regulated
                                                a.m. to 6 p.m. on June 26, 27, and 28,                  area to vessels having particular                      AGENCY:    Coast Guard, DHS.
                                                2015. A regulated area is established to                operating characteristics.
                                                include all waters of the Saginaw River                                                                        ACTION:   Temporary final rule.
                                                                                                           (2) Vessels permitted to enter this
                                                bounded on the north by the Liberty                     regulated area must operate at a no wake               SUMMARY:   The Coast Guard is
                                                Bridge, located at 43°36.3′ N, 083°53.4′                speed and in a manner that will not                    establishing a temporary safety zone on
                                                W, and bounded on the south by the                      endanger race participants or any other                Black River, Lorain, OH. This safety
                                                Veterans Memorial Bridge, located at                    craft.                                                 zone is intended to restrict vessels from
                                                43°35.8′ N, 083°53.6′ W. In case of rain                   (3) The PATCOM may direct the                       a portion of the Black River during the
                                                on any of the race days, this special                   anchoring, mooring, or movement of                     Black River Kayak-a-thon. This
                                                local regulation may be enforced an                     any vessel within this regulated area. A               temporary safety zone is necessary to
                                                additional day on June 29, 2015 from 9                  succession of sharp, short signals by                  protect participants and mariners from
                                                a.m. until 6 p.m.                                       whistle or horn from vessels patrolling                the navigational hazards associated with
                                                   (2) § 100.920 Tug Across the River,                  the area under the direction of the                    a paddle sport regatta.
                                                Detroit, MI. This special local regulation              PATCOM shall serve as a signal to stop.                DATES: This rule is effective from 7:45
                                                will be enforced from 6 p.m. to 6:45                    Vessels so signaled shall stop and shall               a.m. until 2:15 p.m. on June 27, 2015.
                                                p.m. on July 10, 2015. A regulated area                 comply with the orders of the PATCOM.
                                                is established to include all waters of                                                                        ADDRESSES: Documents mentioned in
                                                                                                        Failure to do so may result in expulsion
                                                the Detroit River, Detroit, Michigan,                                                                          this preamble are part of docket [USCG–
                                                                                                        from the area, a Notice of Violation for
                                                bounded on the south by the                                                                                    2015–0496]. To view documents
                                                                                                        failure to comply, or both.
                                                International boundary, on the west by                     (4) If it is deemed necessary for the               mentioned in this preamble as being
                                                083°03′ W, on the east by 083°02′ W,                    protection of life and property, the                   available in the docket, go to http://
                                                and on the north by the U.S. shoreline.                 PATCOM may terminate at any time the                   www.regulations.gov, type the docket
                                                This position is located on the Detroit                 marine event or the operation of any                   number in the ‘‘SEARCH’’ box and click
                                                River in front of Hart Plaza, Detroit, MI.              vessel within the regulated area.                      ‘‘SEARCH.’’ Click on Open Docket
                                                   (3) § 100.914 Trenton Rotary Roar on                    (5) In accordance with the general                  Folder on the line associated with this
                                                the River, Trenton, MI. This special                    regulations in § 100.35 of this part, the              rulemaking. You may also visit the
                                                local regulation will be enforced from 8                Coast Guard will patrol the regatta area               Docket Management Facility in Room
                                                a.m. to 8 p.m. on July 17, 18, and 19,                  under the direction of a designated                    W12–140 on the ground floor of the
                                                2015. The regulated area is established                 Coast Guard Patrol Commander                           Department of Transportation West
                                                to include all waters of the Detroit                    (PATCOM). The PATCOM may be                            Building, 1200 New Jersey Avenue SE.,
                                                River, Trenton, Michigan, bounded by                    contacted on Channel 16 (156.8 MHz)                    Washington, DC 20590, between 9 a.m.
                                                an east/west line beginning at a point of               by the call sign ‘‘Coast Guard Patrol                  and 5 p.m., Monday through Friday,
                                                land at the northern end of Elizabeth                   Commander.’’                                           except Federal holidays.
                                                Park in Trenton, MI, located at position                   (6) The rules in this section shall not             FOR FURTHER INFORMATION CONTACT: If
                                                42°8.2′ N; 083°10.6′ W, extending east to               apply to vessels participating in the                  you have questions on this rule, call LT
                                                a point near the center of the Trenton                  event or to government vessels                         Stephanie Pitts, Chief of Waterways
mstockstill on DSK4VPTVN1PROD with RULES




                                                Channel located at position 42°8.2′ N;                  patrolling the regulated area in the                   Management, U.S. Coast Guard Marine
                                                083°10.4′ W, extending south along a                    performance of their assigned duties.                  Safety Unit Cleveland; telephone 216–
                                                north/south line to a point at the Grosse                  This document is issued under                       937–0128. If you have questions on
                                                Ile Parkway Bridge located at position                  authority of 33 CFR 100.35 and 5 U.S.C.                viewing the docket, call Ms. Cheryl
                                                42°7.7′ N; 083°10.5′ W, extending west                  552(a). If the Captain of the Port                     Collins, Program Manager, Docket
                                                along a line bordering the Grosse Ile                   determines that any of these special                   Operations, telephone 202–366–9826 or
                                                Parkway Bridge to a point on land                       local regulations need not be enforced                 1–800–647–5527.


                                           VerDate Sep<11>2014   16:21 Jun 22, 2015   Jkt 235001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\23JNR1.SGM   23JNR1


                                                                   Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations                                          35845

                                                SUPPLEMENTARY INFORMATION:                              hazards include vessels restricted in                  that particular area are expected to be
                                                                                                        maneuverability, vessels with low                      minimal. Under certain conditions,
                                                Table of Acronyms
                                                                                                        visibility, and high traffic congestion                moreover, vessels may still transit
                                                DHS Department of Homeland Security                     within a narrow channel.                               through the safety zone when permitted
                                                FR Federal Register                                                                                            by the Captain of the Port.
                                                                                                        C. Discussion of the Final Rule
                                                NPRM Notice of Proposed Rulemaking                                                                             2. Impact on Small Entities
                                                TFR Temporary Final Rule                                  With the aforementioned hazards in
                                                                                                        mind, the Captain of the Port Buffalo                     Under the Regulatory Flexibility Act
                                                A. Regulatory History and Information                   has determined that this temporary                     (5 U.S.C. 601–612), we have considered
                                                                                                        safety zone is necessary to ensure the                 the impact of this rule on small entities.
                                                   The Coast Guard is issuing this                                                                             The Coast Guard certifies under 5 U.S.C.
                                                                                                        safety of spectators and vessels during
                                                temporary final rule without prior                                                                             605(b) that this rule will not have a
                                                                                                        the Black River Kayak-a-thon. This zone
                                                notice and opportunity to comment                                                                              significant economic impact on a
                                                                                                        will be enforced from 7:45 a.m. until
                                                pursuant to authority under section 4(a)                                                                       substantial number of small entities.
                                                                                                        2:15 p.m. on June 27, 2015. This zone
                                                of the Administrative Procedure Act                                                                            The Coast Guard certifies under 5 U.S.C.
                                                                                                        will encompass all waters of Black
                                                (APA) (5 U.S.C. 553(b)). This provision                                                                        605(b) that this rule will not have a
                                                                                                        River; Lorain, OH from position
                                                authorizes an agency to issue a rule                                                                           significant economic impact on a
                                                                                                        41°27′28″ N and 082°06′10″ W (NAD 83)
                                                without prior notice and opportunity to                                                                        substantial number of small entities.
                                                                                                        in the vicinity of French Creek at river
                                                comment when the agency for good                                                                               This rule will affect the following
                                                                                                        mile marker 5.0 to position 41°28′11″ N
                                                cause finds that those procedures are                                                                          entities, some of which might be small
                                                                                                        and 082°10′32″ W (NAD 83) in the
                                                ‘‘impracticable, unnecessary, or contrary                                                                      entities: The owners or operators of
                                                                                                        vicinity of the Bascule Bridge at river
                                                to the public interest.’’ Under 5 U.S.C.                                                                       vessels intending to transit or anchor in
                                                                                                        mile marker 0.3.
                                                553(b)(B), the Coast Guard finds that                     Entry into, transiting, or anchoring                 a portion of Black River on the morning
                                                good cause exists for not publishing a                  within the safety zone is prohibited                   of June 27, 2015.
                                                notice of proposed rulemaking (NPRM)                    unless authorized by the Captain of the                   This safety zone will not have a
                                                with respect to this rule because doing                 Port Buffalo or his designated on-scene                significant economic impact on a
                                                so would be impracticable. The final                    representative. The Captain of the Port                substantial number of small entities for
                                                details for this event were not known to                or his designated on-scene                             the following reasons: This safety zone
                                                the Coast Guard until there was                         representative may be contacted via                    would be effective, and thus subject to
                                                insufficient time remaining before the                  VHF Channel 16.                                        enforcement, for only six and a half
                                                event to publish an NPRM. Thus,                                                                                hours. Traffic may be allowed to pass
                                                delaying the effective date of this rule to             D. Regulatory Analyses                                 through the zone with the permission of
                                                wait for a comment period to run would                    We developed this rule after                         the Captain of the Port. The Captain of
                                                be impracticable because it would                       considering numerous statutes and                      the Port can be reached via VHF
                                                inhibit the Coast Guard’s ability to                    executive orders related to rulemaking.                channel 16. Before the enforcement of
                                                protect spectators and vessels from the                 Below we summarize our analyses                        the zone, we would issue local
                                                hazards associated with a paddle sport                  based on these statutes and executive                  Broadcast Notice to Mariners.
                                                regatta. Therefore, under 5 U.S.C.                      orders.
                                                553(d)(3), the Coast Guard finds that                                                                          3. Assistance for Small Entities
                                                good cause exists for making this                       1. Regulatory Planning and Review                         Under section 213(a) of the Small
                                                temporary rule effective less than 30                      This rule is not a significant                      Business Regulatory Enforcement
                                                days after publication in the Federal                   regulatory action under section 3(f) of                Fairness Act of 1996 (Pub. L. 104–121),
                                                Register. For the same reasons                          Executive Order 12866, Regulatory                      we want to assist small entities in
                                                discussed in the preceding paragraph,                   Planning and Review, as supplemented                   understanding this rule. If the rule
                                                waiting for a 30 day notice period to run               by Executive Order 13563, Improving                    would affect your small business,
                                                would be impracticable.                                 Regulation and Regulatory Review, and                  organization, or governmental
                                                                                                        does not require an assessment of                      jurisdiction and you have questions
                                                B. Basis and Purpose
                                                                                                        potential costs and benefits under                     concerning its provisions or options for
                                                  The legal basis and authorities for this              section 6(a)(3) of Executive Order 12866               compliance, please contact the person
                                                rule are found in 33 U.S.C. 1231, 46                    or under section 1 of Executive Order                  listed in the FOR FURTHER INFORMATION
                                                U.S.C. Chapter 701, 3306, 3703; 50                      13563. The Office of Management and                    CONTACT section above.
                                                U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,                 Budget has not reviewed it under those                    Small businesses may send comments
                                                6.04–6, and 160.5; Public Law 107–295,                  Orders.                                                on the actions of Federal employees
                                                116 Stat. 2064; and Department of                          We conclude that this rule is not a                 who enforce, or otherwise determine
                                                Homeland Security Delegation No.                        significant regulatory action because we               compliance with, Federal regulations to
                                                0170.1, which collectively authorize the                anticipate that it will have minimal                   the Small Business and Agriculture
                                                Coast Guard to establish and define                     impact on the economy, will not                        Regulatory Enforcement Ombudsman
                                                regulatory safety zones.                                interfere with other agencies, will not                and the Regional Small Business
                                                  Between 7:45 a.m. and 2:15 p.m. on                    adversely alter the budget of any grant                Regulatory Fairness Boards. The
                                                June 27, 2015, a paddle sport regatta                   or loan recipients, and will not raise any             Ombudsman evaluates these actions
                                                will be held on the Black River, Lorain,                novel legal or policy issues. The safety               annually and rates each agency’s
                                                OH, from French Creek at river mile                     zone created by this rule will be                      responsiveness to small business. If you
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                                                marker 5.0 to the Bascule Bridge at river               relatively small and enforced for a                    wish to comment on actions by
                                                mile marker 0.3. It is anticipated that up              relatively short time. Also, the safety                employees of the Coast Guard, call 1–
                                                to 75 paddle craft will participate in the              zone is designed to minimize its impact                888–REG–FAIR (1–888–734–3247). The
                                                event. The Captain of the Port Buffalo                  on navigable waters. Furthermore, the                  Coast Guard will not retaliate against
                                                has determined that such a gathering of                 safety zone has been designed to allow                 small entities that question or complain
                                                watercraft poses a significant risk to                  vessels to transit around it. Thus,                    about this rule or any policy or action
                                                public safety and property. Such                        restrictions on vessel movement within                 of the Coast Guard.


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                                                35846              Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations

                                                4. Collection of Information                            health or risk to safety that may                      PART 165—REGULATED NAVIGATION
                                                                                                        disproportionately affect children.                    AREAS AND LIMITED ACCESS AREAS
                                                  This rule will not call for a new
                                                collection of information under the                     11. Indian Tribal Governments
                                                Paperwork Reduction Act of 1995 (44                                                                            ■ 1. The authority citation for part 165
                                                U.S.C. 3501–3520).                                         This rule does not have tribal                      continues to read as follows:
                                                                                                        implications under Executive Order                       Authority: 33 U.S.C. 1231; 46 U.S.C.
                                                5. Federalism                                           13175, Consultation and Coordination                   Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
                                                   A rule has implications for federalism               with Indian Tribal Governments,                        33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                under Executive Order 13132,                            because it does not have a substantial                 Pub. L. 107–295, 116 Stat. 2064; Department
                                                Federalism, if it has a substantial direct              direct effect on one or more Indian                    of Homeland Security Delegation No. 0170.1.
                                                effect on the States, on the relationship               tribes, on the relationship between the                ■ 2. Add temporary § 165.T09–0496 to
                                                between the national government and                     Federal Government and Indian tribes,                  read as follows:
                                                the States, or on the distribution of                   or on the distribution of power and
                                                power and responsibilities among the                    responsibilities between the Federal                   § 165.T09–0496 Safety Zone; Black River
                                                various levels of government. We have                   Government and Indian tribes.                          Kayak-a-thon; Black River, Lorain, OH.
                                                analyzed this rule under that Order and
                                                                                                        12. Energy Effects                                       (a) Location. This zone will
                                                determined that this rule does not have
                                                                                                                                                               encompass all waters of Black River;
                                                implications for federalism.                              This action is not a ‘‘significant                   Lorain, OH from position 41°27′28″ N.
                                                6. Protest Activities                                   energy action’’ under Executive Order                  and 082°06′10″ W. (NAD 83) in the
                                                                                                        13211, Actions Concerning Regulations                  vicinity of French Creek at river mile
                                                  The Coast Guard respects the First                    That Significantly Affect Energy Supply,               marker 5.0 to position 41°28′11″ N. and
                                                Amendment rights of protesters.                         Distribution, or Use.                                  082°10′32″ W. (NAD 83) in the vicinity
                                                Protesters are asked to contact the                                                                            of the Bascule Bridge at river mile
                                                person listed in the FOR FURTHER                        13. Technical Standards
                                                                                                                                                               marker 0.3.
                                                INFORMATION CONTACT section to
                                                coordinate protest activities so that your                This rule does not use technical                       (b) Enforcement period. This
                                                message can be received without                         standards. Therefore, we did not                       regulation will be enforced on June 27,
                                                jeopardizing the safety or security of                  consider the use of voluntary consensus                2015 from 7:45 a.m. until 2:15 p.m.
                                                people, places, or vessels.                             standards.
                                                                                                                                                                 (c) Regulations. (1) In accordance with
                                                7. Unfunded Mandates Reform Act                         14. Environment                                        the general regulations in § 165.23 of
                                                                                                                                                               this part, entry into, transiting, or
                                                  The Unfunded Mandates Reform Act                         We have analyzed this rule under                    anchoring within this safety zone is
                                                of 1995 (2 U.S.C. 1531–1538) requires                   Department of Homeland Security                        prohibited unless authorized by the
                                                Federal agencies to assess the effects of               Management Directive 023–01 and                        Captain of the Port Buffalo or his
                                                their discretionary regulatory actions. In              Commandant Instruction M16475.lD,                      designated on-scene representative.
                                                particular, the Act addresses actions                   which guide the Coast Guard in
                                                that may result in the expenditure by a                                                                          (2) This safety zone is closed to all
                                                                                                        complying with the National
                                                State, local, or tribal government, in the                                                                     vessel traffic, except as may be
                                                                                                        Environmental Policy Act of 1969
                                                aggregate, or by the private sector of                                                                         permitted by the Captain of the Port
                                                                                                        (NEPA) (42 U.S.C. 4321–4370f), and
                                                $100,000,000 (adjusted for inflation) or                                                                       Buffalo or his designated on-scene
                                                                                                        have determined that this action is one
                                                more in any one year. Though this rule                                                                         representative.
                                                                                                        of a category of actions that do not
                                                will not result in such an expenditure,                 individually or cumulatively have a                      (3) The ‘‘on-scene representative’’ of
                                                we do discuss the effects of this rule                  significant effect on the human                        the Captain of the Port Buffalo is any
                                                elsewhere in this preamble.                             environment. This rule involves the                    Coast Guard commissioned, warrant or
                                                                                                        establishment of a safety zone and,                    petty officer who has been designated
                                                8. Taking of Private Property
                                                                                                        therefore it is categorically excluded                 by the Captain of the Port Buffalo to act
                                                  This rule will not cause a taking of                  from further review under paragraph                    on his behalf.
                                                private property or otherwise have                      34(g) of Figure 2–1 of the Commandant                    (4) Vessel operators desiring to enter
                                                taking implications under Executive                     Instruction. An environmental analysis                 or operate within the safety zone must
                                                Order 12630, Governmental Actions and                   checklist supporting this determination                contact the Captain of the Port Buffalo
                                                Interference with Constitutionally                      and a Categorical Exclusion                            or his on-scene representative to obtain
                                                Protected Property Rights.                              Determination are available in the                     permission to do so. The Captain of the
                                                                                                        docket where indicated under                           Port Buffalo or his on-scene
                                                9. Civil Justice Reform
                                                                                                        ADDRESSES. We seek any comments or                     representative may be contacted via
                                                  This rule meets applicable standards                  information that may lead to the                       VHF Channel 16. Vessel operators given
                                                in sections 3(a) and 3(b)(2) of Executive               discovery of a significant environmental               permission to enter or operate in the
                                                Order 12988, Civil Justice Reform, to                   impact from this rule.                                 safety zone must comply with all
                                                minimize litigation, eliminate                                                                                 directions given to them by the Captain
                                                ambiguity, and reduce burden.                           List of Subjects in 33 CFR Part 165
                                                                                                                                                               of the Port Buffalo, or his on-scene
                                                10. Protection of Children                                Harbors, Marine safety, Navigation                   representative.
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                                                                                                        (water), Reporting and record keeping                    Dated: June 8, 2015.
                                                  We have analyzed this rule under                      requirements, Security measures,
                                                Executive Order 13045, Protection of                                                                           B.W. Roche,
                                                                                                        Waterways.
                                                Children from Environmental Health                                                                             Captain, U.S. Coast Guard, Captain of the
                                                Risks and Safety Risks. This rule is not                  For the reasons discussed in the                     Port Buffalo.
                                                an economically significant rule and                    preamble, the Coast Guard amends 33                    [FR Doc. 2015–15409 Filed 6–22–15; 8:45 am]
                                                does not create an environmental risk to                CFR parts 165 as follows:                              BILLING CODE 9110–04–P




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Document Created: 2018-02-22 11:15:14
Document Modified: 2018-02-22 11:15:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7:45 a.m. until 2:15 p.m. on June 27, 2015.
ContactIf you have questions on this rule, call LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527.
FR Citation80 FR 35844 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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