80_FR_39515 80 FR 39384 - Safety Zone; Lake Metroparks Stand-Up Paddleboard Race; Lake Erie, Fairport Harbor, OH

80 FR 39384 - Safety Zone; Lake Metroparks Stand-Up Paddleboard Race; Lake Erie, Fairport Harbor, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 131 (July 9, 2015)

Page Range39384-39386
FR Document2015-16804

The Coast Guard is establishing a temporary safety zone on Lake Erie, Fairport Harbor, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Lake Metroparks Stand-Up Paddleboard Race. This temporary safety zone is necessary to protect mariners and race participants from the navigational hazards associated with a paddleboard race.

Federal Register, Volume 80 Issue 131 (Thursday, July 9, 2015)
[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Rules and Regulations]
[Pages 39384-39386]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16804]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0612]
RIN 1625-AA00


Safety Zone; Lake Metroparks Stand-Up Paddleboard Race; Lake 
Erie, Fairport Harbor, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie, Fairport Harbor, OH. This safety zone is intended to 
restrict vessels from a portion of Lake Erie during the Lake Metroparks 
Stand-Up Paddleboard Race. This temporary safety zone is necessary to 
protect mariners and race participants from the navigational hazards 
associated with a paddleboard race.

DATES: This rule will be effective from 7:45 a.m. until 12:15 p.m. on 
July 11, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0612]. 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 or email LT Stephanie Pitts, Chief of Waterways Management, U.S. 
Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128, email 
[email protected]. 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.

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 and contrary to the public 
interest because it would inhibit the Coast Guard's ability to protect 
race participants and spectators from the hazards associated with a 
paddleboard race.
    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 and contrary to the public interest.

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; Pub. L. 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 12:15 p.m. on July 11, 2015, a paddleboard 
race will be held along the shoreline of Lake Erie, Fairport Harbor, 
OH, directly north of Fairport Harbor Lakefront Park. It is anticipated 
that numerous spectator vessels will be in the immediate vicinity of 
the race. The Captain of the Port Buffalo has determined that such an 
event proximate to a gathering of watercraft pose a significant risk to 
public safety and property. Such hazards include hazardous navigation 
situations with less maneuverable watercraft and people falling into 
the water.

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 participants and safety vessels during the Lake 
Metroparks Stand-Up Paddleboard Race. The safety zone will encompass 
all waters of Lake Erie, Fairport Harbor, OH directly north of Fairport 
Harbor Lakefront Park from 41[deg] 45.5' N. and 081[deg] 16.5' W. to 
41[deg] 45.8' N. and 081[deg] 16.5' W. to 41[deg] 45.9' N. and 081[deg] 
15.6' W. to 41[deg] 45.6' N. and 081[deg] 15.6' W. (NAD 83).
    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.

[[Page 39385]]

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 Lake Erie on the morning of July 
11, 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 four hours and 15 minutes early in the morning. 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 (Public Law 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.

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.

[[Page 39386]]

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 
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:  33 U.S.C. 1231; 50 U.S.C. 191; 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.T09-0612 to read as follows:


Sec.  165.T09-0612  Safety Zone; Lake Metroparks Stand-Up Paddleboard 
Race, Fairport Harbor, OH.

    (a) Location. The safety zone will encompass all waters of Lake 
Erie, Fairport Harbor, OH directly north of Fairport Harbor Lakefront 
Park from 41[deg] 45.5' N. and 081[deg] 16.5' W. to 41[deg] 45.8' N. 
and 081[deg] 16.5' W. to 41[deg] 45.9' N. and 081[deg] 15.6' W. to 
41[deg] 45.6' N. and 081[deg] 15.6' W. (NAD 83).
    (b) Enforcement period. This regulation will be enforced on July 
11, 2015 from 7:45 a.m. until 12:15 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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 25, 2015.
B.W. Roche,
Captain, U. S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-16804 Filed 7-8-15; 8:45 am]
BILLING CODE 9110-04-P



                                                  39384               Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Rules and Regulations

                                                  from the COTP or the designated on-                      vessels from a portion of Lake Erie                   delaying the effective date of this rule to
                                                  scene representative. The Coast Guard                    during the Lake Metroparks Stand-Up                   wait for a comment period to run would
                                                  may be assisted by other Federal, State,                 Paddleboard Race. This temporary                      be impracticable and contrary to the
                                                  or local law enforcement agencies in                     safety zone is necessary to protect                   public interest because it would inhibit
                                                  enforcing this regulation.                               mariners and race participants from the               the Coast Guard’s ability to protect race
                                                  DATES: The regulation for the safety                     navigational hazards associated with a                participants and spectators from the
                                                  zone described in 33 CFR 165.119(a)(3)                   paddleboard race.                                     hazards associated with a paddleboard
                                                  will be enforced from 9:15 p.m. to 11:00                 DATES: This rule will be effective from               race.
                                                  p.m. on Sunday, July 12, 2015.                           7:45 a.m. until 12:15 p.m. on July 11,                  Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                           2015.                                                 Guard finds that good cause exists for
                                                  FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                                 making this temporary rule effective less
                                                  you have questions on this document,                     ADDRESSES: Documents mentioned in                     than 30 days after publication in the
                                                  call or email Mr. Mark Cutter, Coast                     this preamble are part of docket [USCG–               Federal Register. For the same reasons
                                                  Guard Sector Boston Waterways                            2015–0612]. To view documents                         discussed in the preceding paragraph,
                                                  Management Division, telephone 617–                      mentioned in this preamble as being                   waiting for a 30 day notice period to run
                                                  223–4000, email                                          available in the docket, go to http://                would be impracticable and contrary to
                                                  Mark.E.Cutter@uscg.mil.                                  www.regulations.gov, type the docket                  the public interest.
                                                  SUPPLEMENTARY INFORMATION:     The Coast                 number in the ‘‘SEARCH’’ box and click
                                                                                                           ‘‘SEARCH.’’ Click on Open Docket                      B. Basis and Purpose
                                                  Guard will enforce the safety zone listed
                                                  in 33 CFR 165.119(a)(3); Fan Pier Safety                 Folder on the line associated with this                  The legal basis and authorities for this
                                                  Zone. All U.S. navigable waters of                       rulemaking. You may also visit the                    rule are found in 33 U.S.C. 1231, 46
                                                  Boston inner Harbor within a 700-foot                    Docket Management Facility in Room                    U.S.C. Chapter 701, 3306, 3703; 50
                                                  radius of the fireworks barge in                         W12–140 on the ground floor of the                    U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
                                                  approximate position 42°21′23.2″ N.                      Department of Transportation West                     6.04–6, and 160.5; Pub. L. 107–295, 116
                                                  071°02′26″ W. (NAD 1983), located off                    Building, 1200 New Jersey Avenue SE.,                 Stat. 2064; and Department of
                                                  of the Fan Pier, South Boston, MA.                       Washington, DC 20590, between 9 a.m.                  Homeland Security Delegation No.
                                                    This document is issued under                          and 5 p.m., Monday through Friday,                    0170.1, which collectively authorize the
                                                  authority of 33 CFR 165.119 and 5                        except Federal holidays.                              Coast Guard to establish and define
                                                  U.S.C. 552(a). In addition to this                       FOR FURTHER INFORMATION CONTACT: If                   regulatory safety zones.
                                                  document in the Federal Register, the                    you have questions on this rule, call or                 Between 7:45 a.m. and 12:15 p.m. on
                                                  Coast Guard will provide mariners with                   email LT Stephanie Pitts, Chief of                    July 11, 2015, a paddleboard race will
                                                  advanced notification of enforcement                     Waterways Management, U.S. Coast                      be held along the shoreline of Lake Erie,
                                                  periods via the Local Notice to Mariners                 Guard Marine Safety Unit Cleveland;                   Fairport Harbor, OH, directly north of
                                                  and Broadcast Notice to Mariners.                        telephone 216–937–0128, email                         Fairport Harbor Lakefront Park. It is
                                                    If the Captain of the Port determines                  stephanie.m.pitts@uscg.mil. If you have               anticipated that numerous spectator
                                                  that the regulated area need not be                      questions on viewing the docket, call                 vessels will be in the immediate vicinity
                                                  enforced for the full duration stated in                 Ms. Cheryl Collins, Program Manager,                  of the race. The Captain of the Port
                                                  this document, a Broadcast Notice to                     Docket Operations, telephone 202–366–                 Buffalo has determined that such an
                                                  Mariners may be used to grant general                    9826 or 1–800–647–5527.                               event proximate to a gathering of
                                                  permission to enter the regulated area.                  SUPPLEMENTARY INFORMATION:                            watercraft pose a significant risk to
                                                                                                                                                                 public safety and property. Such
                                                    Dated: June 22, 2015.                                  Table of Acronyms                                     hazards include hazardous navigation
                                                  C.C. Gelzer,                                                                                                   situations with less maneuverable
                                                                                                           DHS Department of Homeland Security
                                                  Captain, U.S. Coast Guard, Captain of the                FR Federal Register                                   watercraft and people falling into the
                                                  Port Boston.                                             NPRM Notice of Proposed Rulemaking                    water.
                                                  [FR Doc. 2015–16803 Filed 7–8–15; 8:45 am]               TFR Temporary Final Rule
                                                  BILLING CODE 9110–04–P
                                                                                                                                                                 C. Discussion of the Final Rule
                                                                                                           A. Regulatory History and Information                   With the aforementioned hazards in
                                                                                                              The Coast Guard is issuing this                    mind, the Captain of the Port Buffalo
                                                  DEPARTMENT OF HOMELAND                                   temporary final rule without prior                    has determined that this temporary
                                                  SECURITY                                                 notice and opportunity to comment                     safety zone is necessary to ensure the
                                                                                                           pursuant to authority under section 4(a)              safety of participants and safety vessels
                                                  Coast Guard                                              of the Administrative Procedure Act                   during the Lake Metroparks Stand-Up
                                                                                                           (APA) (5 U.S.C. 553(b)). This provision               Paddleboard Race. The safety zone will
                                                  33 CFR Part 165                                          authorizes an agency to issue a rule                  encompass all waters of Lake Erie,
                                                  [Docket Number USCG–2015–0612]                           without prior notice and opportunity to               Fairport Harbor, OH directly north of
                                                                                                           comment when the agency for good                      Fairport Harbor Lakefront Park from 41°
                                                  RIN 1625–AA00                                            cause finds that those procedures are                 45.5′ N. and 081° 16.5′ W. to 41° 45.8′
                                                                                                           ‘‘impracticable, unnecessary, or contrary             N. and 081° 16.5′ W. to 41° 45.9′ N. and
                                                  Safety Zone; Lake Metroparks Stand-
                                                                                                           to the public interest.’’ Under 5 U.S.C.              081° 15.6′ W. to 41° 45.6′ N. and 081°
                                                  Up Paddleboard Race; Lake Erie,
                                                                                                           553(b)(B), the Coast Guard finds that                 15.6′ W. (NAD 83).
                                                  Fairport Harbor, OH
                                                                                                           good cause exists for not publishing a                  Entry into, transiting, or anchoring
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  AGENCY:    Coast Guard, DHS.                             notice of proposed rulemaking (NPRM)                  within the safety zone is prohibited
                                                  ACTION:   Temporary final rule.                          with respect to this rule because doing               unless authorized by the Captain of the
                                                                                                           so would be impracticable. The final                  Port Buffalo or his designated on-scene
                                                  SUMMARY:   The Coast Guard is                            details for this event were not known to              representative. The Captain of the Port
                                                  establishing a temporary safety zone on                  the Coast Guard until there was                       or his designated on-scene
                                                  Lake Erie, Fairport Harbor, OH. This                     insufficient time remaining before the                representative may be contacted via
                                                  safety zone is intended to restrict                      event to publish an NPRM. Thus,                       VHF Channel 16.


                                             VerDate Sep<11>2014   13:07 Jul 08, 2015   Jkt 235001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\09JYR1.SGM   09JYR1


                                                                      Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Rules and Regulations                                         39385

                                                  D. Regulatory Analyses                                   minutes early in the morning. Traffic                 jeopardizing the safety or security of
                                                    We developed this rule after                           may be allowed to pass through the                    people, places, or vessels.
                                                  considering numerous statutes and                        zone with the permission of the Captain
                                                                                                                                                                 7. Unfunded Mandates Reform Act
                                                  executive orders related to rulemaking.                  of the Port. The Captain of the Port can
                                                  Below we summarize our analyses                          be reached via VHF channel 16. Before                   The Unfunded Mandates Reform Act
                                                  based on these statutes and executive                    the enforcement of the zone, we would                 of 1995 (2 U.S.C. 1531–1538) requires
                                                  orders.                                                  issue local Broadcast Notice to                       Federal agencies to assess the effects of
                                                                                                           Mariners.                                             their discretionary regulatory actions. In
                                                  1. Regulatory Planning and Review                                                                              particular, the Act addresses actions
                                                                                                           3. Assistance for Small Entities
                                                    This rule is not a significant                                                                               that may result in the expenditure by a
                                                  regulatory action under section 3(f) of                     Under section 213(a) of the Small                  State, local, or tribal government, in the
                                                  Executive Order 12866, Regulatory                        Business Regulatory Enforcement                       aggregate, or by the private sector of
                                                  Planning and Review, as supplemented                     Fairness Act of 1996 (Public Law 104–                 $100,000,000 (adjusted for inflation) or
                                                  by Executive Order 13563, Improving                      121), we want to assist small entities in             more in any one year. Though this rule
                                                  Regulation and Regulatory Review, and                    understanding this rule. If the rule                  will not result in such an expenditure,
                                                  does not require an assessment of                        would affect your small business,                     we do discuss the effects of this rule
                                                  potential costs and benefits under                       organization, or governmental                         elsewhere in this preamble.
                                                  section 6(a)(3) of Executive Order 12866                 jurisdiction and you have questions
                                                                                                                                                                 8. Taking of Private Property
                                                  or under section 1 of Executive Order                    concerning its provisions or options for
                                                  13563. The Office of Management and                      compliance, please contact the person                   This rule will not cause a taking of
                                                  Budget has not reviewed it under those                   listed in the FOR FURTHER INFORMATION                 private property or otherwise have
                                                  Orders.                                                  CONTACT section above.                                taking implications under Executive
                                                    We conclude that this rule is not a                       Small businesses may send comments                 Order 12630, Governmental Actions and
                                                  significant regulatory action because we                 on the actions of Federal employees                   Interference with Constitutionally
                                                  anticipate that it will have minimal                     who enforce, or otherwise determine                   Protected Property Rights.
                                                  impact on the economy, will not                          compliance with, Federal regulations to               9. Civil Justice Reform
                                                  interfere with other agencies, will not                  the Small Business and Agriculture
                                                  adversely alter the budget of any grant                  Regulatory Enforcement Ombudsman                        This rule meets applicable standards
                                                  or loan recipients, and will not raise any               and the Regional Small Business                       in sections 3(a) and 3(b)(2) of Executive
                                                  novel legal or policy issues. The safety                 Regulatory Fairness Boards. The                       Order 12988, Civil Justice Reform, to
                                                  zone created by this rule will be                        Ombudsman evaluates these actions                     minimize litigation, eliminate
                                                  relatively small and enforced for a                      annually and rates each agency’s                      ambiguity, and reduce burden.
                                                  relatively short time. Also, the safety                  responsiveness to small business. If you              10. Protection of Children
                                                  zone is designed to minimize its impact                  wish to comment on actions by
                                                  on navigable waters. Furthermore, the                    employees of the Coast Guard, call 1–                   We have analyzed this rule under
                                                  safety zone has been designed to allow                   888–REG–FAIR (1–888–734–3247). The                    Executive Order 13045, Protection of
                                                  vessels to transit around it. Thus,                      Coast Guard will not retaliate against                Children from Environmental Health
                                                  restrictions on vessel movement within                   small entities that question or complain              Risks and Safety Risks. This rule is not
                                                  that particular area are expected to be                  about this rule or any policy or action               an economically significant rule and
                                                  minimal. Under certain conditions,                       of the Coast Guard.                                   does not create an environmental risk to
                                                  moreover, vessels may still transit                                                                            health or risk to safety that may
                                                                                                           4. Collection of Information
                                                  through the safety zone when permitted                                                                         disproportionately affect children.
                                                  by the Captain of the Port.                                This rule will not call for a new
                                                                                                                                                                 11. Indian Tribal Governments
                                                                                                           collection of information under the
                                                  2. Impact on Small Entities                              Paperwork Reduction Act of 1995 (44                      This rule does not have tribal
                                                    Under the Regulatory Flexibility Act                   U.S.C. 3501–3520).                                    implications under Executive Order
                                                  (5 U.S.C. 601–612), we have considered                                                                         13175, Consultation and Coordination
                                                                                                           5. Federalism
                                                  the impact of this rule on small entities.                                                                     with Indian Tribal Governments,
                                                  The Coast Guard certifies under 5 U.S.C.                    A rule has implications for federalism             because it does not have a substantial
                                                  605(b) that this rule will not have a                    under Executive Order 13132,                          direct effect on one or more Indian
                                                  significant economic impact on a                         Federalism, if it has a substantial direct            tribes, on the relationship between the
                                                  substantial number of small entities.                    effect on the States, on the relationship             Federal Government and Indian tribes,
                                                  The Coast Guard certifies under 5 U.S.C.                 between the national government and                   or on the distribution of power and
                                                  605(b) that this rule will not have a                    the States, or on the distribution of                 responsibilities between the Federal
                                                  significant economic impact on a                         power and responsibilities among the                  Government and Indian tribes.
                                                  substantial number of small entities.                    various levels of government. We have
                                                                                                                                                                 12. Energy Effects
                                                  This rule will affect the following                      analyzed this rule under that Order and
                                                  entities, some of which might be small                   determined that this rule does not have                 This action is not a ‘‘significant
                                                  entities: the owners or operators of                     implications for federalism.                          energy action’’ under Executive Order
                                                  vessels intending to transit or anchor in                                                                      13211, Actions Concerning Regulations
                                                                                                           6. Protest Activities
                                                  a portion of Lake Erie on the morning                                                                          That Significantly Affect Energy Supply,
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                                                  of July 11, 2015.                                          The Coast Guard respects the First                  Distribution, or Use.
                                                    This safety zone will not have a                       Amendment rights of protesters.
                                                                                                                                                                 13. Technical Standards
                                                  significant economic impact on a                         Protesters are asked to contact the
                                                  substantial number of small entities for                 person listed in the ‘‘For Further                      This rule does not use technical
                                                  the following reasons: this safety zone                  Information Contact’’ section to                      standards. Therefore, we did not
                                                  would be effective, and thus subject to                  coordinate protest activities so that your            consider the use of voluntary consensus
                                                  enforcement, for only four hours and 15                  message can be received without                       standards.


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                                                  39386               Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Rules and Regulations

                                                  14. Environment                                          Buffalo or his designated on-scene                    mentioned in this preamble as being
                                                     We have analyzed this rule under                      representative.                                       available in the docket, go to http://
                                                  Department of Homeland Security                            (2) This safety zone is closed to all               www.regulations.gov, type the docket
                                                  Management Directive 023–01 and                          vessel traffic, except as may be                      number in the ‘‘SEARCH’’ box and click
                                                  Commandant Instruction M16475.lD,                        permitted by the Captain of the Port                  ‘‘SEARCH.’’ Click on Open Docket
                                                  which guide the Coast Guard in                           Buffalo or his designated on-scene                    Folder on the line associated with this
                                                  complying with the National                              representative.                                       rulemaking. You may also visit the
                                                  Environmental Policy Act of 1969                           (3) The ‘‘on-scene representative’’ of              Docket Management Facility in Room
                                                                                                           the Captain of the Port Buffalo is any                W12–140 on the ground floor of the
                                                  (NEPA)(42 U.S.C. 4321–4370f), and
                                                                                                           Coast Guard commissioned, warrant or                  Department of Transportation West
                                                  have determined that this action is one
                                                                                                           petty officer who has been designated                 Building, 1200 New Jersey Avenue SE.,
                                                  of a category of actions that do not
                                                                                                           by the Captain of the Port Buffalo to act             Washington, DC 20590, between 9 a.m.
                                                  individually or cumulatively have a
                                                                                                           on his behalf.                                        and 5 p.m., Monday through Friday,
                                                  significant effect on the human
                                                                                                             (4) Vessel operators desiring to enter              except Federal holidays.
                                                  environment. This rule involves the
                                                                                                           or operate within the safety zone must                FOR FURTHER INFORMATION CONTACT: If
                                                  establishment of a safety zone and,
                                                  therefore it is categorically excluded                   contact the Captain of the Port Buffalo               you have questions on this rule, call or
                                                  from further review under paragraph                      or his on-scene representative to obtain              email LT Stephanie Pitts, Chief of
                                                  34(g) of Figure 2–1 of the Commandant                    permission to do so. The Captain of the               Waterways Management, U.S. Coast
                                                  Instruction. An environmental analysis                   Port Buffalo or his on-scene                          Guard Marine Safety Unit Cleveland;
                                                  checklist supporting this determination                  representative may be contacted via                   telephone 216–937–012843, email
                                                  and a Categorical Exclusion                              VHF Channel 16. Vessel operators given                stephanie.m.pitts@uscg.mil. If you have
                                                                                                           permission to enter or operate in the                 questions on viewing the docket, call
                                                  Determination are available in the
                                                                                                           safety zone must comply with all                      Ms. Cheryl Collins, Program Manager,
                                                  docket where indicated under
                                                                                                           directions given to them by the Captain               Docket Operations, telephone 202–366–
                                                  ADDRESSES. We seek any comments or
                                                                                                           of the Port Buffalo, or his on-scene                  9826 or 1–800–647–5527.
                                                  information that may lead to the
                                                  discovery of a significant environmental                 representative.                                       SUPPLEMENTARY INFORMATION:
                                                  impact from this rule.                                     Dated: June 25, 2015.                               Table of Acronyms
                                                                                                           B.W. Roche,
                                                  List of Subjects in 33 CFR Part 165                                                                            DHS Department of Homeland Security
                                                                                                           Captain, U. S. Coast Guard, Captain of the            FR Federal Register
                                                    Harbors, Marine safety, Navigation                     Port Buffalo.                                         NPRM Notice of Proposed Rulemaking
                                                  (water), Reporting and recordkeeping                     [FR Doc. 2015–16804 Filed 7–8–15; 8:45 am]            TFR Temporary Final Rule
                                                  requirements, Security measures,                         BILLING CODE 9110–04–P
                                                  Waterways.                                                                                                     A. Regulatory History and Information
                                                    For the reasons discussed in the                                                                                The Coast Guard is issuing this
                                                  preamble, the Coast Guard amends 33                      DEPARTMENT OF HOMELAND                                temporary final rule without prior
                                                  CFR part 165 as follows:                                 SECURITY                                              notice and opportunity to comment
                                                                                                                                                                 pursuant to authority under section 4(a)
                                                  PART 165—REGULATED NAVIGATION                            Coast Guard                                           of the Administrative Procedure Act
                                                  AREAS AND LIMITED ACCESS AREAS                                                                                 (APA) (5 U.S.C. 553(b)). This provision
                                                                                                           33 CFR Part 165                                       authorizes an agency to issue a rule
                                                  ■ 1. The authority citation for part 165                                                                       without prior notice and opportunity to
                                                  continues to read as follows:                            [Docket Number USCG–2015–0613]
                                                                                                                                                                 comment when the agency for good
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              RIN 1625–AA00                                         cause finds that those procedures are
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      ‘‘impracticable, unnecessary, or contrary
                                                  Department of Homeland Security Delegation               Safety Zone; The Cleveland Yachting                   to the public interest.’’ Under 5 U.S.C.
                                                  No. 0170.1.                                              Club Annual Regatta Fireworks                         553(b)(B), the Coast Guard finds that
                                                                                                           Display; Lake Erie, Rocky River, OH                   good cause exists for not publishing a
                                                  ■ 2. Add § 165.T09–0612 to read as
                                                  follows:                                                 AGENCY:    Coast Guard, DHS.                          notice of proposed rulemaking (NPRM)
                                                                                                                                                                 with respect to this rule because doing
                                                  § 165.T09–0612 Safety Zone; Lake                         ACTION:   Temporary final rule.                       so would be impracticable and contrary
                                                  Metroparks Stand-Up Paddleboard Race,                                                                          to the public interest. The final details
                                                  Fairport Harbor, OH.
                                                                                                        The Coast Guard is
                                                                                                           SUMMARY:
                                                                                             establishing a temporary safety zone on                             for this event were not known to the
                                                    (a) Location. The safety zone will       Lake Erie, Rocky River, OH. This safety                             Coast Guard until there was insufficient
                                                  encompass all waters of Lake Erie,         zone is intended to restrict vessels from                           time remaining before the event to
                                                  Fairport Harbor, OH directly north of      a portion of Lake Erie during the                                   publish an NPRM. Thus, delaying the
                                                  Fairport Harbor Lakefront Park from 41° Cleveland Yachting Club Annual                                         effective date of this rule to wait for a
                                                  45.5′ N. and 081° 16.5′ W. to 41° 45.8′    Regatta fireworks display. This                                     comment period to run would be
                                                  N. and 081° 16.5′ W. to 41° 45.9′ N. and   temporary safety zone is necessary to                               impracticable and contrary to the public
                                                  081° 15.6′ W. to 41° 45.6′ N. and 081°     protect mariners and vessels from the                               interest because it would inhibit the
                                                  15.6′ W. (NAD 83).                         navigational hazards associated with a                              Coast Guard’s ability to protect
                                                    (b) Enforcement period. This
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                                                                                             fireworks display.                                                  spectators and vessels from the hazards
                                                  regulation will be enforced on July 11,                                                                        associated with a maritime fireworks
                                                                                             DATES: This rule will be enforced from
                                                  2015 from 7:45 a.m. until 12:15 p.m.                                                                           display.
                                                    (c) Regulations. (1) In accordance with 9:30 p.m. until 10:15 p.m. on July 12,                                  Under 5 U.S.C. 553(d)(3), the Coast
                                                  the general regulations in § 165.23, entry 2015.                                                               Guard finds that good cause exists for
                                                  into, transiting, or anchoring within this ADDRESSES: Documents mentioned in                                   making this temporary rule effective less
                                                  safety zone is prohibited unless           this preamble are part of docket [USCG–                             than 30 days after publication in the
                                                  authorized by the Captain of the Port      2015–0613]. To view documents                                       Federal Register. For the same reasons


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Document Created: 2018-02-23 09:13:59
Document Modified: 2018-02-23 09:13:59
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 will be effective from 7:45 a.m. until 12:15 p.m. on July 11, 2015.
ContactIf you have questions on this rule, call or email LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128, email [email protected] 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 39384 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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