80 FR 50769 - Safety Zone; Cleveland National Air Show; Lake Erie and Cleveland Harbor, Cleveland, OH
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 162 (August 21, 2015)
Coast Guard
Federal Register Volume 80, Issue 162 (August 21, 2015)
| Page Range | 50769-50771 | |
| FR Document | 2015-20739 |
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)] [Rules and Regulations] [Pages 50769-50771] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20739] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0718] RIN 1625-AA00 Safety Zone; Cleveland National Air Show; Lake Erie and Cleveland Harbor, Cleveland, OH AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone on Lake Erie and Cleveland Harbor, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie and Cleveland Harbor during the Cleveland National Air Show. This temporary safety zone is necessary to protect participants, spectators, and vessels from the hazards associated with aerial insertions and aircraft maneuvers. DATES: This rule is effective from 2:20 p.m. on September 3, 2015 until 6 p.m. on September 7, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2015-0718]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128. 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 both 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 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. The Cleveland National Air Show has been taking place annually since 1964. During the 2015 show, as with shows in the past, there will be various high speed aerial and military tactical demonstrations on and over Burke Lakefront to include various maneuvers by U. S. Air Force Thunderbirds and civilian aircraft and by personnel on the Burke Lakefront Airport grounds. Specifically, this year's aerial and military tactical demonstrations will take place between 2:20 p.m. to 4:30 p.m. on September 3, 2015, 10:00 a.m. to 4:30 p.m. on September 4, 2015, and 8:00 a.m. to 6:00 p.m. on September 5, 2015 through September 7, 2015. A heavy amount of recreational boating traffic is expected for these demonstrations. The Captain of the Port Buffalo has determined that the maneuvers combined with a high concentration of recreational vessels [[Page 50770]] will create significant risks for the boating public. 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 the boating public during the Cleveland National Air Show. This zone will be enforced from 2:20 p.m. until 4:30 p.m. on September 3, 2015, from 10 a.m. until 4:30 p.m. on September 4, 2015, from 8 a.m. until 6 p.m. on September 5, 2015, from 8 a.m. until 6 p.m. on September 6, 2015, and from 8 a.m. until 6 p.m. on September 7, 2015. This zone will encompass a portion of Lake Erie and Cleveland Harbor; Cleveland, OH starting at position 41[deg]30'20'' N. and 081[deg]42'20'' W. to 41[deg]30'50'' N. and 081[deg]42'49'' W., then to 41[deg]32'09'' N. and 081[deg]39'49'' W., then to 41[deg]31'53''N. and 081[deg]39'24'' W., then return 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 Lake Erie and Cleveland Harbor from 2:20 p.m. to 4:30 p.m. on September 3, 2015, 10:00 a.m. to 4:30 p.m. on September 4, 2015, and 8:00 a.m. to 6:00 p.m. on September 5, 2015 through September 7, 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 approximately ten hours each day in an area with low commercial vessel traffic. 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 [[Page 50771]] minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone and, therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 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.T09-0718 to read as follows: Sec. 165.T09-0718 Safety Zone; Cleveland National Air Show; Lake Erie and Cleveland Harbor, Cleveland, OH. (a) Location. This zone will encompass a portion of Lake Erie and Cleveland Harbor; Cleveland, OH starting at position 41[deg]30'20'' N. and 081[deg]42'20'' W. to 41[deg]30'50'' N. and 081[deg]42'49'' W., then to 41[deg]32'09'' N. and 081[deg]39'49'' W., then to 41[deg]31'53''N. and 081[deg]39'24'' W., then return to the point of origin (NAD 83). (b) Enforcement period. This regulation will be enforced from 2:20 p.m. until 4:30 p.m. on September 3, 2015, from 10 a.m. until 4:30 p.m. on September 4, 2015, from 8 a.m. until 6 p.m. on September 5, 2015, from 8 a.m. until 6 p.m. on September 6, 2015, and from 8 a.m. until 6 p.m. on September 7, 2015. (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. 2015-20739 Filed 8-20-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 50769
bridge maintenance activities to include DEPARTMENT OF HOMELAND notice and opportunity to comment
repairing and preserving the bascule SECURITY pursuant to authority under section 4(a)
drawbridge structural steel. The Lewis of the Administrative Procedure Act
and Clark Bridge provides a vertical Coast Guard (APA) (5 U.S.C. 553(b)). This provision
clearance of 17.3 feet above mean high authorizes an agency to issue a rule
water when in the closed-to-navigation 33 CFR Part 165 without prior notice and opportunity to
position. The normal operating schedule [Docket Number USCG–2015–0718] comment when the agency for good
of the Oregon State highway bridge can cause finds that those procedures are
RIN 1625–AA00 ‘‘impracticable, unnecessary, or contrary
be found in 33 CFR 117.899(c). This
to the public interest.’’ Under 5 U.S.C.
deviation period is from 7 a.m. on Safety Zone; Cleveland National Air 553(b)(B), the Coast Guard finds that
August 20, 2015 to 5 p.m. on October Show; Lake Erie and Cleveland Harbor, good cause exists for not publishing a
30, 2015. The deviation allows the Cleveland, OH notice of proposed rulemaking (NPRM)
bascule span of the Lewis and Clark with respect to this rule because doing
AGENCY: Coast Guard, DHS.
River Bridge to remain in the closed-to- so would be impracticable and contrary
navigation position Monday, Tuesday, ACTION: Temporary final rule.
to the public interest. The final details
Wednesday, Friday and Saturday SUMMARY: The Coast Guard is for this event were not known to the
throughout the deviation period. In establishing a temporary safety zone on Coast Guard until there was insufficient
addition, the span will be in the closed- Lake Erie and Cleveland Harbor, time remaining before the event to
to-navigation position on Thursdays, Cleveland, OH. This safety zone is publish an NPRM. Thus, delaying the
but available to open from 7 a.m. to 4 intended to restrict vessels from a effective date of this rule to wait for a
p.m. when given 3 hours advanced portion of Lake Erie and Cleveland comment period to run would be both
notice. The bridge will operate as Harbor during the Cleveland National impracticable and contrary to the public
normal on Sundays in accordance with Air Show. This temporary safety zone is interest because it would inhibit the
33 CFR 117.899(c). Waterway usage on necessary to protect participants, Coast Guard’s ability to protect
the Lewis and Clark River is primarily spectators, and vessels from the hazards spectators and vessels from the hazards
small recreational boaters and fishing associated with aerial insertions and associated with a maritime fireworks
vessels transiting to and from Astoria aircraft maneuvers. display.
Marine Construction Company. DATES: This rule is effective from 2:20 Under 5 U.S.C. 553(d)(3), the Coast
p.m. on September 3, 2015 until 6 p.m. Guard finds that good cause exists for
The bascule span of the bridge will on September 7, 2015. making this temporary rule effective less
have a containment system installed ADDRESSES: Documents mentioned in than 30 days after publication in the
which will reduce the vertical clearance this preamble are part of docket [USCG– Federal Register. For the same reasons
by 5 feet from 17.3 feet above mean high 2015–0718]. To view documents discussed in the preceding paragraph,
water to 12.3 feet above mean high mentioned in this preamble as being waiting for a 30 day notice period to run
water. Vessels able to pass through the available in the docket, go to http:// would be impracticable.
bridge in the closed-to-navigation www.regulations.gov, type the docket B. Basis and Purpose
position may do so at any time. The number in the ‘‘SEARCH’’ box and click
bridge will be able to open for any ‘‘SEARCH.’’ Click on Open Docket The legal basis and authorities for this
emergency if a three-hour notice is Folder on the line associated with this rule are found in 33 U.S.C. 1231; 50
rulemaking. You may also visit the U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
given from 7 a.m. to 4 p.m. Monday
Docket Management Facility in Room 6.04–6, and 160.5; and Department of
through Saturday; on Sundays the
W12–140 on the ground floor of the Homeland Security Delegation No.
bridge will be able to open in 0170.1, which collectively authorize the
accordance with 33 CFR 117.899(c), and Department of Transportation West
Building, 1200 New Jersey Avenue SE., Coast Guard to establish and define
there is no immediate alternate route for regulatory safety zones.
vessels to pass. The Coast Guard will Washington, DC 20590, between 9 a.m.
The Cleveland National Air Show has
also inform the users of the waterways and 5 p.m., Monday through Friday,
been taking place annually since 1964.
through our Local and Broadcast except Federal holidays.
During the 2015 show, as with shows in
Notices to Mariners of the change in FOR FURTHER INFORMATION CONTACT: If the past, there will be various high
operating schedule for the bridge so that you have questions on this rule, call or speed aerial and military tactical
vessels can arrange their transits to email LT Stephanie Pitts, Chief of demonstrations on and over Burke
Waterways Management, U.S. Coast Lakefront to include various maneuvers
minimize any impact caused by the
Guard Marine Safety Unit Cleveland; by U. S. Air Force Thunderbirds and
temporary deviation.
telephone 216–937–0128. If you have civilian aircraft and by personnel on the
In accordance with 33 CFR 117.35(e), questions on viewing the docket, call Burke Lakefront Airport grounds.
the drawbridge must return to its regular Ms. Cheryl Collins, Program Manager, Specifically, this year’s aerial and
operating schedule immediately at the Docket Operations, telephone 202–366– military tactical demonstrations will
end of the effective period of this 9826 or 1–800–647–5527. take place between 2:20 p.m. to 4:30
temporary deviation. This deviation SUPPLEMENTARY INFORMATION: p.m. on September 3, 2015, 10:00 a.m.
from the operating regulations is to 4:30 p.m. on September 4, 2015, and
Table of Acronyms
authorized under 33 CFR 117.35. 8:00 a.m. to 6:00 p.m. on September 5,
DHS Department of Homeland Security
2015 through September 7, 2015. A
rmajette on DSK7SPTVN1PROD with RULES
Dated: August 17, 2015.
FR Federal Register
Steven M. Fischer, NPRM Notice of Proposed Rulemaking heavy amount of recreational boating
Bridge Administrator, Thirteenth Coast Guard TFR Temporary Final Rule traffic is expected for these
District. demonstrations. The Captain of the Port
A. Regulatory History and Information Buffalo has determined that the
[FR Doc. 2015–20670 Filed 8–20–15; 8:45 am]
The Coast Guard is issuing this maneuvers combined with a high
BILLING CODE 9110–04–P
temporary final rule without prior concentration of recreational vessels
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![Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 50771
minimize litigation, eliminate List of Subjects in 33 CFR Part 165 permission to enter or operate in the
ambiguity, and reduce burden. Harbors, Marine safety, Navigation safety zone must comply with all
(water), Reporting and record keeping directions given to them by the Captain
10. Protection of Children of the Port Buffalo, or his on-scene
requirements, Security measures,
We have analyzed this rule under Waterways. representative.
Executive Order 13045, Protection of For the reasons discussed in the Dated: August 7, 2015.
Children from Environmental Health preamble, the Coast Guard amends 33 B. W. Roche,
Risks and Safety Risks. This rule is not CFR parts 165 as follows: Captain, U. S. Coast Guard, Captain of the
an economically significant rule and Port Buffalo.
does not create an environmental risk to PART 165—REGULATED NAVIGATION [FR Doc. 2015–20739 Filed 8–20–15; 8:45 am]
health or risk to safety that may AREAS AND LIMITED ACCESS AREAS BILLING CODE 9110–04–P
disproportionately affect children.
■ 1. The authority citation for part 165
11. Indian Tribal Governments continues to read as follows: DEPARTMENT OF HOMELAND
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; SECURITY
This rule does not have tribal
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
implications under Executive Order Coast Guard
Department of Homeland Security Delegation
13175, Consultation and Coordination No. 0170.1.
with Indian Tribal Governments, 33 CFR Part 165
because it does not have a substantial ■ 2. Add § 165.T09–0718 to read as
direct effect on one or more Indian follows: [Docket Number USCG–2015–0276]
tribes, on the relationship between the § 165.T09–0718 Safety Zone; Cleveland
RIN 1625–AA00
Federal Government and Indian tribes, National Air Show; Lake Erie and Cleveland
or on the distribution of power and Harbor, Cleveland, OH.
Safety Zone, Swim Around Charleston;
responsibilities between the Federal Charleston, SC
(a) Location. This zone will
Government and Indian tribes. encompass a portion of Lake Erie and AGENCY: Coast Guard, DHS.
12. Energy Effects Cleveland Harbor; Cleveland, OH ACTION: Temporary final rule.
starting at position 41°30′20″ N. and
This action is not a ‘‘significant 081°42′20″ W. to 41°30′50″ N. and SUMMARY: The Coast Guard is
energy action’’ under Executive Order 081°42′49″ W., then to 41°32′09″ N. and establishing a temporary moving safety
13211, Actions Concerning Regulations 081°39′49″ W., then to 41°31′53″N. and zone during the Swim Around
That Significantly Affect Energy Supply, 081°39′24″ W., then return to the point Charleston, a swimming race occurring
Distribution, or Use. of origin (NAD 83). on waters of the Wando River, the
(b) Enforcement period. This Cooper River, Charleston Harbor, and
13. Technical Standards regulation will be enforced from 2:20 the Ashley River, in Charleston, South
p.m. until 4:30 p.m. on September 3, Carolina. The Swim Around Charleston
This rule does not use technical is scheduled to take place on September
standards. Therefore, we did not 2015, from 10 a.m. until 4:30 p.m. on
September 4, 2015, from 8 a.m. until 6 26, 2015. The temporary safety zone is
consider the use of voluntary consensus necessary for the safety of the
standards. p.m. on September 5, 2015, from 8 a.m.
until 6 p.m. on September 6, 2015, and swimmers, participant vessels,
14. Environment from 8 a.m. until 6 p.m. on September spectators, and the general public
7, 2015. during the event. Persons and vessels
We have analyzed this rule under (c) Regulations. (1) In accordance with are prohibited from entering, transiting
Department of Homeland Security the general regulations in § 165.23 of through, anchoring in, or remaining
Management Directive 023–01 and this part, entry into, transiting, or within the safety zone unless authorized
Commandant Instruction M16475.lD, anchoring within this safety zone is by the Captain of the Port Charleston or
which guide the Coast Guard in prohibited unless authorized by the a designated representative.
complying with the National Captain of the Port Buffalo or his DATES: This rule is effective from noon
Environmental Policy Act of 1969 designated on-scene representative. until 6 p.m. on September 26, 2015.
(NEPA) (42 U.S.C. 4321–4370f), and (2) This safety zone is closed to all ADDRESSES: Documents mentioned in
have determined that this action is one vessel traffic, except as may be this preamble are part of docket USCG–
of a category of actions that do not permitted by the Captain of the Port 2015–0276. To view documents
individually or cumulatively have a Buffalo or his designated on-scene mentioned in this preamble as being
significant effect on the human representative. available in the docket, go to http://
environment. This rule involves the (3) The ‘‘on-scene representative’’ of www.regulations.gov, type the docket
establishment of a safety zone and, the Captain of the Port Buffalo is any number in the ‘‘SEARCH’’ box and click
therefore it is categorically excluded Coast Guard commissioned, warrant or ‘‘SEARCH.’’ Click on Open Docket
from further review under paragraph petty officer who has been designated Folder on the line associated with this
34(g) of Figure 2–1 of the Commandant by the Captain of the Port Buffalo to act rulemaking. You may also visit the
Instruction. An environmental analysis on his behalf. Docket Management Facility in Room
checklist supporting this determination (4) Vessel operators desiring to enter W12–140 on the ground floor of the
and a Categorical Exclusion or operate within the safety zone must Department of Transportation West
rmajette on DSK7SPTVN1PROD with RULES
Determination are available in the contact the Captain of the Port Buffalo Building, 1200 New Jersey Avenue SE.,
docket where indicated under or his on-scene representative to obtain Washington, DC 20590, between 9 a.m.
ADDRESSES. We seek any comments or permission to do so. The Captain of the and 5 p.m., Monday through Friday,
information that may lead to the Port Buffalo or his on-scene except Federal holidays.
discovery of a significant environmental representative may be contacted via FOR FURTHER INFORMATION CONTACT: If
impact from this rule. VHF Channel 16. Vessel operators given you have questions on this rule, call or
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Document Created: 2018-02-23 11:01:12
Document Modified: 2018-02-23 11:01:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 2:20 p.m. on September 3, 2015 until 6 p.m. on September 7, 2015. | |
| Contact | If you have questions on this rule, call or email LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128. 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 Citation | 80 FR 50769 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways |
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