80_FR_50738 80 FR 50577 - Safety Zone; Whiskey Island Paddleboard Festival and Race; Lake Erie, Cleveland, OH

80 FR 50577 - Safety Zone; Whiskey Island Paddleboard Festival and Race; Lake Erie, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 161 (August 20, 2015)

Page Range50577-50579
FR Document2015-20610

The Coast Guard is establishing a temporary safety zone on Lake Erie, Cleveland Harbor, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Whiskey Island Paddleboard Festival and 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 161 (Thursday, August 20, 2015)
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50577-50579]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20610]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0716]
RIN 1625-AA00


Safety Zone; Whiskey Island Paddleboard Festival and Race; Lake 
Erie, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie, Cleveland Harbor, Cleveland, OH. This safety zone is 
intended to restrict vessels from a portion of Lake Erie during the 
Whiskey Island Paddleboard Festival and 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 is effective from 6:45 a.m. until 12:15 p.m. on August 
22, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0716]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

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

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 both impracticable because it would 
inhibit the Coast Guard's ability to protect spectators and vessels 
from the hazards associated with a paddle sport regatta.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    Between 6:45 a.m. and 12:15 p.m. on August 22, 2015, a paddleboard 
race will be held on the shoreline of Lake Erie, Cleveland Harbor in 
Cleveland, OH, in the vicinity of Whiskey Island. It is anticipated 
that to 100 paddle boarders and safety vessels will participate in the 
event. 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.

[[Page 50578]]

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 Whiskey 
Island Paddleboard Festival and Race. This zone will be enforced from 
6:45 a.m. until 12:15 p.m. on August 22, 2015. This zone will encompass 
all waters of Lake Erie; Cleveland Harbor, Cleveland, OH within the 
following positions: 41[deg]29'59.5'' N and 081[deg]42'59.3'' W, then 
East to 41[deg]30'4.4'' N and 081[deg]42' 44.5'' W, then North to 
41[deg]30'17.3'' N and 081[deg]43'0.6'' W, then Southwest to 
41[deg]30'9.4'' N and 081[deg]43'2.0'' W, then East to 41[deg]29'54.9'' 
N and 081[deg]43'34.4'' W, then Southeast returning to the point of 
origin (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 Cleveland Harbor on the morning of 
August 22, 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 five and a half hours 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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

[[Page 50579]]

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.T09-0716 to read as follows:


Sec.  165.T09-0716  Safety Zone; Whiskey Island Paddleboard Festival 
and Race; Lake Erie, Cleveland, OH.

    (a) Location. This zone will encompass all waters of Lake Erie; 
Cleveland Harbor, Cleveland, OH within the following positions: 
41[deg]29'59.5'' N and 081[deg]42'59.3'' W, then East to 
41[deg]30'4.4'' N and 081[deg]42'44.5'' W, then North to 
41[deg]30'17.3'' N and 081[deg]43'0.6'' W, then Southwest to 
41[deg]30'9.4'' N and 081[deg]43'2.0'' W, then East to 41[deg]29'54.9'' 
N and 081[deg]43'34.4'' W, then Southeast returning to the point of 
origin (NAD 83).
    (b) Enforcement Period. This regulation will be enforced on August 
22, 2015 from 6:45 a.m. until 12:15 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: August 7, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-20610 Filed 8-19-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations                                         50577

                                             establishes today as the effective date                   Dated: August 14, 2015.                             Table of Acronyms
                                             for those sections.                                     J.G. Lantz,                                           DHS Department of Homeland Security
                                             DATES:  Sections 160.204(a)(5)(vii),                    Director of Commercial Regulations and                FR Federal Register
                                                                                                     Standards, U.S. Coast Guard.                          NPRM Notice of Proposed Rulemaking
                                             160.205, and 160.208(a) and (c) are
                                                                                                     [FR Doc. 2015–20607 Filed 8–19–15; 8:45 am]           TFR Temporary Final Rule
                                             effective August 20, 2015.
                                                                                                     BILLING CODE 9110–04–P                                A. Regulatory History and Information
                                             FOR FURTHER INFORMATION CONTACT:     If
                                             you have questions on this rule, call or                                                                         The Coast Guard is issuing this
                                             email Lieutenant Commander Michael                      DEPARTMENT OF HOMELAND                                temporary final rule without prior
                                             Lendvay, Office of Commercial Vessel                    SECURITY                                              notice and opportunity to comment
                                             Compliance (CG–CVC), Coast Guard;                                                                             pursuant to authority under section 4(a)
                                             telephone 202–372–1218, email                           Coast Guard                                           of the Administrative Procedure Act
                                             Michael.D.Lendvay@uscg.mil. If you                                                                            (APA) (5 U.S.C. 553(b)). This provision
                                             have questions on viewing or submitting                 33 CFR Part 165                                       authorizes an agency to issue a rule
                                             material to the docket, call Ms. Cheryl                                                                       without prior notice and opportunity to
                                             Collins, Program Manager, Docket                        [Docket Number USCG–2015–0716]                        comment when the agency for good
                                             Operations, telephone 202–366–9826.                                                                           cause finds that those procedures are
                                                                                                     RIN 1625–AA00                                         ‘‘impracticable, unnecessary, or contrary
                                             SUPPLEMENTARY INFORMATION:                                                                                    to the public interest.’’ Under 5 U.S.C.
                                             Viewing Documents Associated With                       Safety Zone; Whiskey Island                           553(b)(B), the Coast Guard finds that
                                             This Rule                                               Paddleboard Festival and Race; Lake                   good cause exists for not publishing a
                                                                                                     Erie, Cleveland, OH                                   notice of proposed rulemaking (NPRM)
                                                To view the final rule published on                                                                        with respect to this rule because doing
                                             January 30, 2015 (80 FR 5282), or other                 AGENCY:    Coast Guard, DHS.                          so would be impracticable. The final
                                             documents in the docket for this                        ACTION:   Temporary final rule.                       details for this event were not known to
                                             rulemaking, go to www.regulations.gov,                                                                        the Coast Guard until there was
                                             type the docket number, USCG–2005–                      SUMMARY:   The Coast Guard is                         insufficient time remaining before the
                                             21869, in the ‘‘SEARCH’’ box and click                  establishing a temporary safety zone on               event to publish an NPRM. Thus,
                                             ‘‘SEARCH.’’ Click on ‘‘Open Docket                      Lake Erie, Cleveland Harbor, Cleveland,               delaying the effective date of this rule to
                                             Folder’’ in the first item listed. Use the              OH. This safety zone is intended to                   wait for a comment period to run would
                                             following link to go directly to the                    restrict vessels from a portion of Lake               be both impracticable because it would
                                             docket: www.regulations.gov/                            Erie during the Whiskey Island                        inhibit the Coast Guard’s ability to
                                             #!docketDetail;D=USCG-2005-;21869.                      Paddleboard Festival and Race. This                   protect spectators and vessels from the
                                                                                                     temporary safety zone is necessary to                 hazards associated with a paddle sport
                                             Background                                              protect mariners and race participants                regatta.
                                                                                                     from the navigational hazards associated                 Under 5 U.S.C. 553(d)(3), the Coast
                                                On January 30, 2015, the Coast Guard
                                                                                                     with a paddleboard race.                              Guard finds that good cause exists for
                                             published a final rule that revised or
                                             amended existing notice of arrival and                  DATES: This rule is effective from 6:45               making this temporary rule effective less
                                             automatic identification system                         a.m. until 12:15 p.m. on August 22,                   than 30 days after publication in the
                                             requirements. 80 FR 5282. The final rule                2015.                                                 Federal Register. For the same reasons
                                             delayed the effective date of 33 CFR                    ADDRESSES:   Documents mentioned in                   discussed in the preceding paragraph,
                                             160.204(a)(5)(vii), 160.205, and                        this preamble are part of docket [USCG–               waiting for a 30 day notice period to run
                                             160.208(a) and (c) because these                        2015–0716]. To view documents                         would be impracticable.
                                             sections contain collection-of-                         mentioned in this preamble as being                   B. Basis and Purpose
                                             information provisions that require                     available in the docket, go to http://
                                             approval by the Office of Management                                                                             The legal basis and authorities for this
                                                                                                     www.regulations.gov, type the docket
                                             and Budget (OMB) under the Paperwork                                                                          rule are found in 33 U.S.C. 1231; 50
                                                                                                     number in the ‘‘SEARCH’’ box and click
                                             Reduction Act of 1995, 44 U.S.C. 3501–                                                                        U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket
                                             3520. On August 5, 2015, OMB                                                                                  6.04–6, and 160.5; and Department of
                                                                                                     Folder on the line associated with this
                                             approved the collection assigned OMB                                                                          Homeland Security Delegation No.
                                                                                                     rulemaking. You may also visit the
                                             Control Number 1625–0100, Advance                                                                             0170.1, which collectively authorize the
                                                                                                     Docket Management Facility in Room
                                             Notice of Vessel Arrival. Accordingly,                                                                        Coast Guard to establish and define
                                                                                                     W12–140 on the ground floor of the
                                             we announce that sections 33 CFR                                                                              regulatory safety zones.
                                                                                                     Department of Transportation West                        Between 6:45 a.m. and 12:15 p.m. on
                                             160.204(a)(5)(vii), 160.205, and                        Building, 1200 New Jersey Avenue SE.,                 August 22, 2015, a paddleboard race
                                             160.208(a) and (c) are effective August                 Washington, DC 20590, between 9 a.m.                  will be held on the shoreline of Lake
                                             20, 2015. The approval for this                         and 5 p.m., Monday through Friday,                    Erie, Cleveland Harbor in Cleveland,
                                             collection of information expires on                    except Federal holidays.                              OH, in the vicinity of Whiskey Island.
                                             February 28, 2017.                                      FOR FURTHER INFORMATION CONTACT: If                   It is anticipated that to 100 paddle
                                                We have not yet received approval                    you have questions on this rule, call LT              boarders and safety vessels will
                                             from OMB regarding the 1625–0112                        Stephanie Pitts, Chief of Waterways                   participate in the event. The Captain of
                                             collection of information, Enhanced                     Management, U.S. Coast Guard Marine                   the Port Buffalo has determined that
                                             Maritime Domain Awareness via                           Safety Unit Cleveland; telephone 216–                 such an event proximate to a gathering
rmajette on DSK7SPTVN1PROD with RULES




                                             Electronic Transmission of Vessel                       937–0128. If you have questions on                    of watercraft pose a significant risk to
                                             Transit Data, which relates to automatic                viewing the docket, call Ms. Cheryl                   public safety and property. Such
                                             identification system requirements in                   Collins, Program Manager, Docket                      hazards include hazardous navigation
                                             the January 2015 final rule (80 FR 5282).               Operations, telephone 202–366–9826 or                 situations with less maneuverable
                                                This document is issued under the                    1–800–647–5527.                                       watercraft and people falling into the
                                             authority of 33 U.S.C. 1231.                            SUPPLEMENTARY INFORMATION:                            water.


                                        VerDate Sep<11>2014   15:15 Aug 19, 2015   Jkt 235001   PO 00000   Frm 00035   Fmt 4700   Sfmt 4700   E:\FR\FM\20AUR1.SGM   20AUR1


                                             50578            Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations

                                             C. Discussion of the Final Rule                         that particular area are expected to be               about this rule or any policy or action
                                               With the aforementioned hazards in                    minimal. Under certain conditions,                    of the Coast Guard.
                                             mind, the Captain of the Port Buffalo                   moreover, vessels may still transit
                                                                                                                                                           4. Collection of Information
                                             has determined that this temporary                      through the safety zone when permitted
                                                                                                     by the Captain of the Port.                             This rule will not call for a new
                                             safety zone is necessary to ensure the
                                                                                                                                                           collection of information under the
                                             safety of participants and safety vessels               2. Impact on Small Entities                           Paperwork Reduction Act of 1995 (44
                                             during the Whiskey Island Paddleboard
                                                                                                        Under the Regulatory Flexibility Act               U.S.C. 3501–3520).
                                             Festival and Race. This zone will be
                                             enforced from 6:45 a.m. until 12:15 p.m.                (5 U.S.C. 601–612), we have considered                5. Federalism
                                             on August 22, 2015. This zone will                      the impact of this rule on small entities.
                                                                                                     The Coast Guard certifies under 5 U.S.C.                 A rule has implications for federalism
                                             encompass all waters of Lake Erie;                                                                            under Executive Order 13132,
                                             Cleveland Harbor, Cleveland, OH within                  605(b) that this rule will not have a
                                                                                                     significant economic impact on a                      Federalism, if it has a substantial direct
                                             the following positions: 41°29′59.5″ N                                                                        effect on the States, on the relationship
                                             and 081°42′59.3″ W, then East to                        substantial number of small entities.
                                                                                                     The Coast Guard certifies under 5 U.S.C.              between the national government and
                                             41°30′4.4″ N and 081°42′ 44.5″ W, then                                                                        the States, or on the distribution of
                                             North to 41°30′17.3″ N and 081°43′0.6″                  605(b) that this rule will not have a
                                                                                                     significant economic impact on a                      power and responsibilities among the
                                             W, then Southwest to 41°30′9.4″ N and                                                                         various levels of government. We have
                                             081°43′2.0″ W, then East to 41°29′54.9″                 substantial number of small entities.
                                                                                                     This rule will affect the following                   analyzed this rule under that Order and
                                             N and 081°43′34.4″ W, then Southeast                                                                          determined that this rule does not have
                                             returning to the point of origin (NAD                   entities, some of which might be small
                                                                                                     entities: The owners or operators of                  implications for federalism.
                                             83).
                                               Entry into, transiting, or anchoring                  vessels intending to transit or anchor in             6. Protest Activities
                                             within the safety zone is prohibited                    a portion of Cleveland Harbor on the
                                                                                                     morning of August 22, 2015.                             The Coast Guard respects the First
                                             unless authorized by the Captain of the                                                                       Amendment rights of protesters.
                                             Port Buffalo or his designated on-scene                    This safety zone will not have a
                                                                                                                                                           Protesters are asked to contact the
                                             representative. The Captain of the Port                 significant economic impact on a
                                                                                                                                                           person listed in the ‘‘For Further
                                             or his designated on-scene                              substantial number of small entities for
                                                                                                                                                           Information Contact’’ section to
                                             representative may be contacted via                     the following reasons: This safety zone
                                                                                                                                                           coordinate protest activities so that your
                                             VHF Channel 16.                                         would be effective, and thus subject to
                                                                                                                                                           message can be received without
                                                                                                     enforcement, for only five and a half
                                             D. Regulatory Analyses                                                                                        jeopardizing the safety or security of
                                                                                                     hours early in the morning. Traffic may
                                                                                                                                                           people, places, or vessels.
                                               We developed this rule after                          be allowed to pass through the zone
                                             considering numerous statutes and                       with the permission of the Captain of                 7. Unfunded Mandates Reform Act
                                             executive orders related to rulemaking.                 the Port. The Captain of the Port can be                The Unfunded Mandates Reform Act
                                             Below we summarize our analyses                         reached via VHF channel 16. Before the                of 1995 (2 U.S.C. 1531–1538) requires
                                             based on these statutes and executive                   enforcement of the zone, we would                     Federal agencies to assess the effects of
                                             orders.                                                 issue local Broadcast Notice to                       their discretionary regulatory actions. In
                                                                                                     Mariners.                                             particular, the Act addresses actions
                                             1. Regulatory Planning and Review
                                                                                                     3. Assistance for Small Entities                      that may result in the expenditure by a
                                               This rule is not a significant                                                                              State, local, or tribal government, in the
                                             regulatory action under section 3(f) of                    Under section 213(a) of the Small                  aggregate, or by the private sector of
                                             Executive Order 12866, Regulatory                       Business Regulatory Enforcement                       $100,000,000 (adjusted for inflation) or
                                             Planning and Review, as supplemented                    Fairness Act of 1996 (Pub. L. 104–121),               more in any one year. Though this rule
                                             by Executive Order 13563, Improving                     we want to assist small entities in                   will not result in such an expenditure,
                                             Regulation and Regulatory Review, and                   understanding this rule. If the rule                  we do discuss the effects of this rule
                                             does not require an assessment of                       would affect your small business,                     elsewhere in this preamble.
                                             potential costs and benefits under                      organization, or governmental
                                             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                This rule will not cause a taking of
                                             13563. The Office of Management and                     compliance, please contact the person                 private property or otherwise have
                                             Budget has not reviewed it under those                  listed in the FOR FURTHER INFORMATION                 taking implications under Executive
                                             Orders.                                                 CONTACT section above.                                Order 12630, Governmental Actions and
                                               We conclude that this rule is not a                      Small businesses may send comments                 Interference with Constitutionally
                                             significant regulatory action because we                on the actions of Federal employees                   Protected Property Rights.
                                             anticipate that it will have minimal                    who enforce, or otherwise determine
                                             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                      This rule meets applicable standards
                                             adversely alter the budget of any grant                 Regulatory Enforcement Ombudsman                      in sections 3(a) and 3(b)(2) of Executive
                                             or loan recipients, and will not raise any              and the Regional Small Business                       Order 12988, Civil Justice Reform, to
                                             novel legal or policy issues. The safety                Regulatory Fairness Boards. The                       minimize litigation, eliminate
                                             zone created by this rule will be                       Ombudsman evaluates these actions                     ambiguity, and reduce burden.
                                             relatively small and enforced for a                     annually and rates each agency’s
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                                             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                           We have analyzed this rule under
                                             on navigable waters. Furthermore, the                   employees of the Coast Guard, call 1–                 Executive Order 13045, Protection of
                                             safety zone has been designed to allow                  888–REG–FAIR (1–888–734–3247). The                    Children from Environmental Health
                                             vessels to transit around it. Thus,                     Coast Guard will not retaliate against                Risks and Safety Risks. This rule is not
                                             restrictions on vessel movement within                  small entities that question or complain              an economically significant rule and


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                                                              Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations                                        50579

                                             does not create an environmental risk to                PART 165—REGULATED NAVIGATION                         ENVIRONMENTAL PROTECTION
                                             health or risk to safety that may                       AREAS AND LIMITED ACCESS AREAS                        AGENCY
                                             disproportionately affect children.
                                                                                                     ■ 1. The authority citation for part 165              40 CFR Part 52
                                             11. Indian Tribal Governments                           continues to read as follows:                         [EPA–R05–OAR–2014–0660; FRL–9932–18–
                                                This rule does not have tribal                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Region 5]
                                             implications under Executive Order                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             13175, Consultation and Coordination                    Department of Homeland Security Delegation            Air Plan Approval; Indiana; Alcoa
                                             with Indian Tribal Governments,                         No. 0170.1.                                           BART
                                             because it does not have a substantial                  ■ 2. Add § 165.T09–0716 to read as                    AGENCY: Environmental Protection
                                             direct effect on one or more Indian                     follows:                                              Agency (EPA).
                                             tribes, on the relationship between the                                                                       ACTION: Direct final rule.
                                             Federal Government and Indian tribes,                   § 165.T09–0716 Safety Zone; Whiskey
                                                                                                     Island Paddleboard Festival and Race; Lake            SUMMARY:    The Environmental Protection
                                             or on the distribution of power and
                                                                                                     Erie, Cleveland, OH.
                                             responsibilities between the Federal                                                                          Agency (EPA) is approving a revision to
                                             Government and Indian tribes.                             (a) Location. This zone will                        the Alcoa Best Available Retrofit
                                                                                                     encompass all waters of Lake Erie;                    Technology (BART) averaging time for
                                             12. Energy Effects                                      Cleveland Harbor, Cleveland, OH within                nitrogen oxides (NOX) in the Indiana
                                                                                                     the following positions: 41°29′59.5″ N                State Implementation Plan (SIP). On
                                               This action is not a ‘‘significant
                                                                                                     and 081°42′59.3″ W, then East to                      July 23, 2014, the Indiana Department of
                                             energy action’’ under Executive Order                   41°30′4.4″ N and 081°42′44.5″ W, then
                                             13211, Actions Concerning Regulations                                                                         Environmental Management (IDEM)
                                                                                                     North to 41°30′17.3″ N and 081°43′0.6″                submitted to EPA a revision to the daily
                                             That Significantly Affect Energy Supply,                W, then Southwest to 41°30′9.4″ N and
                                             Distribution, or Use.                                                                                         NOX emissions limits, changing from a
                                                                                                     081°43′2.0″ W, then East to 41°29′54.9″               rolling 24-hour average to a 24-hour
                                             13. Technical Standards                                 N and 081°43′34.4″ W, then Southeast                  daily average. IDEM provided a
                                                                                                     returning to the point of origin (NAD                 statistical analysis showing that no
                                               This rule does not use technical                      83).                                                  significant increase in emissions will
                                             standards. Therefore, we did not                          (b) Enforcement Period. This                        occur as a result of this change. EPA is
                                             consider the use of voluntary consensus                 regulation will be enforced on August                 approving this SIP revision because it
                                             standards.                                              22, 2015 from 6:45 a.m. until 12:15 p.m.              will not interfere with attainment or
                                             14. Environment                                           (c) Regulations. (1) In accordance with             maintenance of the National Ambient
                                                                                                     the general regulations in § 165.23 of                Air Quality Standard (NAAQS).
                                                We have analyzed this rule under                     this part, entry into, transiting, or                 DATES: This direct final rule is effective
                                             Department of Homeland Security                         anchoring within this safety zone is                  October 19, 2015, unless EPA receives
                                             Management Directive 023–01 and                         prohibited unless authorized by the                   adverse comments by September 21,
                                             Commandant Instruction M16475.lD,                       Captain of the Port Buffalo or his                    2015. If adverse comments are received,
                                             which guide the Coast Guard in                          designated on-scene representative.                   EPA will publish a timely withdrawal of
                                             complying with the National                               (2) This safety zone is closed to all               the direct final rule in the Federal
                                             Environmental Policy Act of 1969                        vessel traffic, except as may be                      Register informing the public that the
                                             (NEPA) (42 U.S.C. 4321–4370f), and                      permitted by the Captain of the Port                  rule will not take effect.
                                             have determined that this action is one                 Buffalo or his designated on-scene                    ADDRESSES: Submit your comments,
                                             of a category of actions that do not                    representative.                                       identified by Docket ID No. EPA–R05–
                                             individually or cumulatively have a                       (3) The ‘‘on-scene representative’’ of              OAR–2014–0660, by one of the
                                             significant effect on the human                         the Captain of the Port Buffalo is any                following methods:
                                             environment. This rule involves the                     Coast Guard commissioned, warrant or                     1. www.regulations.gov: Follow the
                                             establishment of a safety zone and,                     petty officer who has been designated                 on-line instructions for submitting
                                             therefore it is categorically excluded                  by the Captain of the Port Buffalo to act             comments.
                                             from further review under paragraph                     on his behalf.                                           2. Email: blakley.pamela@epa.gov.
                                             34(g) of Figure 2–1 of the Commandant                     (4) Vessel operators desiring to enter                 3. Fax: (312) 692–2450.
                                             Instruction. An environmental analysis                  or operate within the safety zone must                   4. Mail: Pamela Blakley, Chief,
                                             checklist supporting this determination                 contact the Captain of the Port Buffalo               Control Strategies Section, Air Programs
                                             and a Categorical Exclusion                             or his on-scene representative to obtain              Branch (AR–18J), U.S. Environmental
                                             Determination are available in the                      permission to do so. The Captain of the               Protection Agency, 77 West Jackson
                                             docket where indicated under                            Port Buffalo or his on-scene                          Boulevard, Chicago, Illinois 60604.
                                             ADDRESSES. We seek any comments or                      representative may be contacted via                      5. Hand Delivery: Pamela Blakley,
                                             information that may lead to the                        VHF Channel 16. Vessel operators given                Chief, Control Strategies Section, Air
                                             discovery of a significant environmental                permission to enter or operate in the                 Programs Branch (AR–18J), U.S.
                                             impact from this rule.                                  safety zone must comply with all                      Environmental Protection Agency, 77
                                                                                                     directions given to them by the Captain               West Jackson Boulevard, Chicago,
                                             List of Subjects in 33 CFR Part 165                                                                           Illinois 60604. Such deliveries are only
                                                                                                     of the Port Buffalo, or his on-scene
                                                                                                     representative.                                       accepted during the Regional Office
                                               Harbors, Marine safety, Navigation
                                                                                                                                                           normal hours of operation, and special
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                                             (water), Reporting and recordkeeping                      Dated: August 7, 2015.                              arrangements should be made for
                                             requirements, Security measures,                        B.W. Roche,                                           deliveries of boxed information. The
                                             Waterways.                                              Captain, U.S. Coast Guard, Captain of the             Regional Office official hours of
                                               For the reasons discussed in the                      Port Buffalo.                                         business are Monday through Friday,
                                             preamble, the Coast Guard amends 33                     [FR Doc. 2015–20610 Filed 8–19–15; 8:45 am]           8:30 a.m. to 4:30 p.m., excluding
                                             CFR part 165 as follows:                                BILLING CODE 9110–04–P                                Federal holidays.


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Document Created: 2015-12-15 11:08:54
Document Modified: 2015-12-15 11:08:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 6:45 a.m. until 12:15 p.m. on August 22, 2015.
ContactIf you have questions on this rule, call LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527.
FR Citation80 FR 50577 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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