80_FR_39517 80 FR 39386 - Safety Zone; The Cleveland Yachting Club Annual Regatta Fireworks Display; Lake Erie, Rocky River, OH

80 FR 39386 - Safety Zone; The Cleveland Yachting Club Annual Regatta Fireworks Display; Lake Erie, Rocky River, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range39386-39388
FR Document2015-16805

The Coast Guard is establishing a temporary safety zone on Lake Erie, Rocky River, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Cleveland Yachting Club Annual Regatta fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display.

Federal Register, Volume 80 Issue 131 (Thursday, July 9, 2015)
[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Rules and Regulations]
[Pages 39386-39388]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16805]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0613]
RIN 1625-AA00


Safety Zone; The Cleveland Yachting Club Annual Regatta Fireworks 
Display; Lake Erie, Rocky River, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie, Rocky River, OH. This safety zone is intended to restrict 
vessels from a portion of Lake Erie during the Cleveland Yachting Club 
Annual Regatta fireworks display. This temporary safety zone is 
necessary to protect mariners and vessels from the navigational hazards 
associated with a fireworks display.

DATES: This rule will be enforced from 9:30 p.m. until 10:15 p.m. on 
July 12, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0613]. 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 216-937-012843, 
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 and 
contrary to the public interest. 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 spectators and vessels 
from the hazards associated with a maritime fireworks display.
    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

[[Page 39387]]

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 9:30 p.m. and 10:15 p.m. on July 12, 2015, a fireworks 
display will be held on the shoreline of Lake Erie, in Rocky River, OH, 
in vicinity of the western point of the entrance to the Rocky River. It 
is anticipated that numerous vessels will be in the immediate vicinity 
of the launch point. The Captain of the Port Buffalo has determined 
that such a launch proximate to a gathering of watercraft pose a 
significant risk to public safety and property. Such hazards include 
premature and accidental detonations, dangerous projectiles, and 
falling or burning debris.

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 Cleveland 
Yachting Club Annual Regatta fireworks display. This zone will be 
effective and enforced from 9:30 p.m. until 10:15 p.m. on July 12, 
2015. This zone will encompass all waters of Lake Erie; Rocky River, OH 
within a 280-foot radius of position 41[deg] 29' 25.7'' N. and 081[deg] 
50' 18.5'' 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.

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 evening of July 
12, 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 45 minutes late in the day. 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,

[[Page 39388]]

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 
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.T09-0613 to read as follows:


Sec.  165.T09-0613  Safety Zone; Cleveland Yachting Club Regatta 
Fireworks Display; Lake Erie, Rocky River, OH.

    (a) Location. This zone will encompass all waters of Lake Erie, 
Rocky River, OH within a 280-foot radius of position 41[deg] 29' 15.7'' 
N. and 081[deg] 50' 18.5'' W. (NAD 83).
    (b) Enforcement period. This regulation will be enforced on July 
12, 2015 from 9:30 p.m. until 10:15 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. 2015-16805 Filed 7-8-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                  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
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                                                             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


                                             VerDate Sep<11>2014   13:07 Jul 08, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\09JYR1.SGM   09JYR1


                                                                      Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Rules and Regulations                                         39387

                                                  discussed in the preceding paragraph,                    by Executive Order 13563, Improving                   would affect your small business,
                                                  waiting for a 30 day notice period to run                Regulation and Regulatory Review, and                 organization, or governmental
                                                  would be impracticable and contrary to                   does not require an assessment of                     jurisdiction and you have questions
                                                  the public interest.                                     potential costs and benefits under                    concerning its provisions or options for
                                                                                                           section 6(a)(3) of Executive Order 12866              compliance, please contact the person
                                                  B. Basis and Purpose                                     or under section 1 of Executive Order                 listed in the FOR FURTHER INFORMATION
                                                    The legal basis and authorities for this               13563. The Office of Management and                   CONTACT section above.
                                                  rule are found in 33 U.S.C. 1231, 46                     Budget has not reviewed it under those                   Small businesses may send comments
                                                  U.S.C. Chapter 701, 3306, 3703; 50                       Orders.                                               on the actions of Federal employees
                                                  U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,                    We conclude that this rule is not a                 who enforce, or otherwise determine
                                                  6.04–6, and 160.5; Pub. L. 107–295, 116                  significant regulatory action because we              compliance with, Federal regulations to
                                                  Stat. 2064; and Department of                            anticipate that it will have minimal                  the Small Business and Agriculture
                                                  Homeland Security Delegation No.                         impact on the economy, will not                       Regulatory Enforcement Ombudsman
                                                  0170.1, which collectively authorize the                 interfere with other agencies, will not               and the Regional Small Business
                                                  Coast Guard to establish and define                      adversely alter the budget of any grant               Regulatory Fairness Boards. The
                                                  regulatory safety zones.                                 or loan recipients, and will not raise any            Ombudsman evaluates these actions
                                                    Between 9:30 p.m. and 10:15 p.m. on                    novel legal or policy issues. The safety              annually and rates each agency’s
                                                  July 12, 2015, a fireworks display will                  zone created by this rule will be                     responsiveness to small business. If you
                                                  be held on the shoreline of Lake Erie, in                relatively small and enforced for a                   wish to comment on actions by
                                                  Rocky River, OH, in vicinity of the                      relatively short time. Also, the safety               employees of the Coast Guard, call 1–
                                                  western point of the entrance to the                     zone is designed to minimize its impact               888–REG–FAIR (1–888–734–3247). The
                                                  Rocky River. It is anticipated that                      on navigable waters. Furthermore, the                 Coast Guard will not retaliate against
                                                  numerous vessels will be in the                          safety zone has been designed to allow                small entities that question or complain
                                                  immediate vicinity of the launch point.                  vessels to transit around it. Thus,                   about this rule or any policy or action
                                                  The Captain of the Port Buffalo has                      restrictions on vessel movement within                of the Coast Guard.
                                                  determined that such a launch                            that particular area are expected to be
                                                  proximate to a gathering of watercraft                   minimal. Under certain conditions,                    4. Collection of Information
                                                  pose a significant risk to public safety                 moreover, vessels may still transit
                                                                                                                                                                   This rule will not call for a new
                                                  and property. Such hazards include                       through the safety zone when permitted
                                                                                                                                                                 collection of information under the
                                                  premature and accidental detonations,                    by the Captain of the Port.
                                                                                                                                                                 Paperwork Reduction Act of 1995 (44
                                                  dangerous projectiles, and falling or                    2. Impact on Small Entities                           U.S.C. 3501–3520).
                                                  burning debris.
                                                                                                              Under the Regulatory Flexibility Act               5. Federalism
                                                  C. Discussion of the Final Rule                          (5 U.S.C. 601–612), we have considered
                                                    With the aforementioned hazards in                     the impact of this rule on small entities.               A rule has implications for federalism
                                                  mind, the Captain of the Port Buffalo                    The Coast Guard certifies under 5 U.S.C.              under Executive Order 13132,
                                                  has determined that this temporary                       605(b) that this rule will not have a                 Federalism, if it has a substantial direct
                                                  safety zone is necessary to ensure the                   significant economic impact on a                      effect on the States, on the relationship
                                                  safety of spectators and vessels during                  substantial number of small entities.                 between the national government and
                                                  the Cleveland Yachting Club Annual                       The Coast Guard certifies under 5 U.S.C.              the States, or on the distribution of
                                                  Regatta fireworks display. This zone                     605(b) that this rule will not have a                 power and responsibilities among the
                                                  will be effective and enforced from 9:30                 significant economic impact on a                      various levels of government. We have
                                                  p.m. until 10:15 p.m. on July 12, 2015.                  substantial number of small entities.                 analyzed this rule under that Order and
                                                  This zone will encompass all waters of                   This rule will affect the following                   determined that this rule does not have
                                                  Lake Erie; Rocky River, OH within a                      entities, some of which might be small                implications for federalism.
                                                  280-foot radius of position 41° 29′ 25.7″                entities: the owners or operators of                  6. Protest Activities
                                                  N. and 081° 50′ 18.5″ W. (NAD 83).                       vessels intending to transit or anchor in
                                                    Entry into, transiting, or anchoring                   a portion of Lake Erie on the evening of                The Coast Guard respects the First
                                                  within the safety zone is prohibited                     July 12, 2015.                                        Amendment rights of protesters.
                                                  unless authorized by the Captain of the                     This safety zone will not have a                   Protesters are asked to contact the
                                                  Port Buffalo or his designated on-scene                  significant economic impact on a                      person listed in the ‘‘For Further
                                                  representative. The Captain of the Port                  substantial number of small entities for              Information Contact’’ section to
                                                  or his designated on-scene                               the following reasons: this safety zone               coordinate protest activities so that your
                                                  representative may be contacted via                      would be effective, and thus subject to               message can be received without
                                                  VHF Channel 16.                                          enforcement, for only 45 minutes late in              jeopardizing the safety or security of
                                                                                                           the day. Traffic may be allowed to pass               people, places, or vessels.
                                                  D. Regulatory Analyses                                   through the zone with the permission of               7. Unfunded Mandates Reform Act
                                                    We developed this rule after                           the Captain of the Port. The Captain of
                                                  considering numerous statutes and                        the Port can be reached via VHF                         The Unfunded Mandates Reform Act
                                                  executive orders related to rulemaking.                  channel 16. Before the enforcement of                 of 1995 (2 U.S.C. 1531–1538) requires
                                                  Below we summarize our analyses                          the zone, we would issue local                        Federal agencies to assess the effects of
                                                                                                                                                                 their discretionary regulatory actions. In
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                                                  based on these statutes and executive                    Broadcast Notice to Mariners.
                                                  orders.                                                                                                        particular, the Act addresses actions
                                                                                                           3. Assistance for Small Entities                      that may result in the expenditure by a
                                                  1. Regulatory Planning and Review                           Under section 213(a) of the Small                  State, local, or tribal government, in the
                                                     This rule is not a significant                        Business Regulatory Enforcement                       aggregate, or by the private sector of
                                                  regulatory action under section 3(f) of                  Fairness Act of 1996 (Public Law 104–                 $100,000,000 (adjusted for inflation) or
                                                  Executive Order 12866, Regulatory                        121), we want to assist small entities in             more in any one year. Though this rule
                                                  Planning and Review, as supplemented                     understanding this rule. If the rule                  will not result in such an expenditure,


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                                                  39388               Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Rules and Regulations

                                                  we do discuss the effects of this rule                   consider the use of voluntary consensus               § 165.T09–0613 Safety Zone; Cleveland
                                                  elsewhere in this preamble.                              standards.                                            Yachting Club Regatta Fireworks Display;
                                                                                                                                                                 Lake Erie, Rocky River, OH.
                                                  8. Taking of Private Property                            14. Environment
                                                                                                                                                                   (a) Location. This zone will
                                                     This rule will not cause a taking of                    We have analyzed this rule under                    encompass all waters of Lake Erie,
                                                  private property or otherwise have                       Department of Homeland Security                       Rocky River, OH within a 280-foot
                                                  taking implications under Executive                      Management Directive 023–01 and                       radius of position 41° 29′ 15.7″ N. and
                                                  Order 12630, Governmental Actions and                    Commandant Instruction M16475.lD,                     081° 50′ 18.5″ W. (NAD 83).
                                                  Interference with Constitutionally                       which guide the Coast Guard in
                                                  Protected Property Rights.                               complying with the National                             (b) Enforcement period. This
                                                                                                           Environmental Policy Act of 1969                      regulation will be enforced on July 12,
                                                  9. Civil Justice Reform                                  (NEPA)(42 U.S.C. 4321–4370f), and                     2015 from 9:30 p.m. until 10:15 p.m.
                                                     This rule meets applicable standards                  have determined that this action is one                 (c) Regulations. (1) In accordance with
                                                  in sections 3(a) and 3(b)(2) of Executive                of a category of actions that do not                  the general regulations in § 165.23, entry
                                                  Order 12988, Civil Justice Reform, to                    individually or cumulatively have a                   into, transiting, or anchoring within this
                                                  minimize litigation, eliminate                           significant effect on the human                       safety zone is prohibited unless
                                                  ambiguity, and reduce burden.                            environment. This rule involves the                   authorized by the Captain of the Port
                                                                                                           establishment of a safety zone and,                   Buffalo or his designated on-scene
                                                  10. Protection of Children
                                                                                                           therefore it is categorically excluded                representative.
                                                    We have analyzed this rule under                       from further review under paragraph                     (2) This safety zone is closed to all
                                                  Executive Order 13045, Protection of                     34(g) of Figure 2–1 of the Commandant                 vessel traffic, except as may be
                                                  Children from Environmental Health                       Instruction. An environmental analysis                permitted by the Captain of the Port
                                                  Risks and Safety Risks. This rule is not                 checklist supporting this determination               Buffalo or his designated on-scene
                                                  an economically significant rule and                     and a Categorical Exclusion                           representative.
                                                  does not create an environmental risk to                 Determination are available in the
                                                  health or risk to safety that may                        docket where indicated under                            (3) The ‘‘on-scene representative’’ of
                                                  disproportionately affect children.                      ADDRESSES. We seek any comments or
                                                                                                                                                                 the Captain of the Port Buffalo is any
                                                                                                           information that may lead to the                      Coast Guard commissioned, warrant or
                                                  11. Indian Tribal Governments                                                                                  petty officer who has been designated
                                                                                                           discovery of a significant environmental
                                                     This rule does not have tribal                        impact from this rule.                                by the Captain of the Port Buffalo to act
                                                  implications under Executive Order                                                                             on his behalf.
                                                  13175, Consultation and Coordination                     List of Subjects in 33 CFR Part 165                     (4) Vessel operators desiring to enter
                                                  with Indian Tribal Governments,                            Harbors, Marine safety, Navigation                  or operate within the safety zone must
                                                  because it does not have a substantial                   (water), Reporting and recordkeeping                  contact the Captain of the Port Buffalo
                                                  direct effect on one or more Indian                      requirements, Security measures,                      or his on-scene representative to obtain
                                                  tribes, on the relationship between the                  Waterways.                                            permission to do so. The Captain of the
                                                  Federal Government and Indian tribes,                      For the reasons discussed in the                    Port Buffalo or his on-scene
                                                  or on the distribution of power and                      preamble, the Coast Guard amends 33                   representative may be contacted via
                                                  responsibilities between the Federal                     CFR part 165 as follows:                              VHF Channel 16. Vessel operators given
                                                  Government and Indian tribes.                                                                                  permission to enter or operate in the
                                                                                                           PART 165—REGULATED NAVIGATION                         safety zone must comply with all
                                                  12. Energy Effects
                                                                                                           AREAS AND LIMITED ACCESS AREAS                        directions given to them by the Captain
                                                    This action is not a ‘‘significant                                                                           of the Port Buffalo, or his on-scene
                                                  energy action’’ under Executive Order                    ■ 1. The authority citation for part 165              representative.
                                                  13211, Actions Concerning Regulations                    continues to read as follows:
                                                                                                                                                                   Dated: June 25, 2015.
                                                  That Significantly Affect Energy Supply,                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  Distribution, or Use.                                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             B.W. Roche,
                                                                                                           Department of Homeland Security Delegation            Captain, U.S. Coast Guard, Captain of the
                                                  13. Technical Standards                                  No. 0170.1.                                           Port Buffalo.
                                                    This rule does not use technical                       ■ 2. Add § 165.T09–0613 to read as                    [FR Doc. 2015–16805 Filed 7–8–15; 8:45 am]
                                                  standards. Therefore, we did not                         follows:                                              BILLING CODE 9110–04–P
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Document Created: 2018-02-23 09:14:24
Document Modified: 2018-02-23 09:14:24
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 enforced from 9:30 p.m. until 10:15 p.m. on July 12, 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 216-937-012843, 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 39386 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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