80_FR_52109 80 FR 51943 - Safety Zones; Cleveland Dragon Boat Festival and Head of the Cuyahoga, Cuyahoga River, Cleveland, OH

80 FR 51943 - Safety Zones; Cleveland Dragon Boat Festival and Head of the Cuyahoga, Cuyahoga River, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 166 (August 27, 2015)

Page Range51943-51945
FR Document2015-21301

The Coast Guard is establishing regulations for annual, combined marine events that require the establishment of a temporary safety zone within the Captain of the Port Zone Buffalo on the Cuyahoga River, Cleveland, OH. This safety zone regulation is necessary to protect the surrounding public, spectators, participants, and vessels from the hazards associated with the rowing regatta in the narrow waterway of the Cuyahoga River. This rule is intended to restrict vessels annually from a portion of the Cuyahoga River for up to 9 hours during the combined Dragon Boat Festival and the Head of the Cuyahoga Regatta.

Federal Register, Volume 80 Issue 166 (Thursday, August 27, 2015)
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51943-51945]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21301]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0082]
RIN 1625-AA00


Safety Zones; Cleveland Dragon Boat Festival and Head of the 
Cuyahoga, Cuyahoga River, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing regulations for annual, 
combined marine events that require the establishment of a temporary 
safety zone within the Captain of the Port Zone Buffalo on the Cuyahoga 
River, Cleveland, OH. This safety zone regulation is necessary to 
protect the surrounding public, spectators, participants, and vessels 
from the hazards associated with the rowing regatta in the narrow 
waterway of the Cuyahoga River. This rule is intended to restrict 
vessels annually from a portion of the Cuyahoga River for up to 9 hours 
during the combined Dragon Boat Festival and the Head of the Cuyahoga 
Regatta.

DATES: This rule is effective September 28, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0082]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section

A. Regulatory History and Information

    The Head of the Cuyahoga (HOTC) rowing regatta has occurred 
annually for over a decade and the Dragon Boat Festival for the last 8 
years. In response to past years' events, the Coast Guard established a 
temporary safety zone to protect the boating public. For example, in 
2013, the Captain of the Port Buffalo initiated a rulemaking (78 FR 
42736, July 17, 2013) to ensure the safety of spectators and vessels 
during the rowing event. The safety zone in this final rule is 
identical in size, location, and effect as that established by the 2013 
rulemaking.

B. Basis and Purpose

    As mentioned in the ``Regulatory History and Information'' section, 
the HOTC is an annual rowing regatta that has taken place for over a 
decade. The HOTC takes place on the Cuyahoga River along a 4800 meter 
course and attracts numerous rowing clubs and programs from across the 
U.S. Typically, the event occurs on the third Saturday of September 
between the hours of 7 a.m. and 4 p.m. In 2014, the HOTC occurred 
between 6 a.m. and 4 p.m. on September 20th.
    In conjunction with the HOTC, the Seventh Annual Cleveland Dragon 
Boat Festival will take place from Superior/Nautica Bend to just north 
of the Detroit Superior Viaduct Bridge. The Dragon Boat festival will 
feature three head-to-head races being held over the course of the day.
    The Captain of the Port Buffalo has determined that the HOTC and 
the Cleveland Dragon Boat Festival rowing events present significant 
hazards to public spectators and participants.

C. Discussion of Comments, Changes and the Final Rule

    We received one comment on the NPRM (79 FR 24656). This comment 
requested the time of enforcement be changed from 10 hours to 9 hours 
and to begin at 7 a.m. in lieu of the proposed 6 a.m. and still end at 
4 p.m. as originally proposed. This change was requested for the better 
facilitation of trade on the Cuyahoga River. Of note, the commenter, 
Great Lakes Carriers Association noted that they completed a memorandum 
of agreement with the Cuyahoga River rowing foundation to address this 
very issue and to formalize the agreement between them to better allow 
for diverse use of the river without hampering trade and vital to the 
local economy. The Coast Guard, upon reviewing the comment considers 
the change to the proposal to be in the best interest of this rule and 
has amended the final rule to be effective for 9 hours, beginning at 7 
a.m. and ending at 4 p.m. as requested.
    The enforcement date and times for the safety zone that is listed 
in 33 CFR 165.T09-0082 is to occur on the 3rd Saturday of September of 
each year and to begin 7 a.m. and end at 4 p.m. For any given year, the 
Captain of the Port Sector Buffalo will provide notice to the public by 
publishing a Notice of Enforcement in the Federal Register, as well as, 
issuing a Broadcast Notice to Mariners.
    Entry into, transiting, or anchoring within the safety zones 
identified in Sec.  165.T09-0082 will be prohibited unless authorized 
by the Captain of the Port Buffalo or his on-scene representative. The 
Captain of the Port or his 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 or 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.

[[Page 51944]]

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 
received no comments from the Small Business Administration on this 
rule. 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 would affect the following entities, some of which might 
be small entities: The owners and operators of vessels intending to 
transit or anchor in the safety zone while the zone is being enforced. 
The safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Each 
safety zone in this rule will be in enforced for no more than 9 hours 
in any 24 hour period and enforced only once per year and will be in 
areas with low commercial vessel traffic. Furthermore, this safety zone 
has been designed to mitigate the delay to traffic by shortening the 
enforcement period. In the event that a safety zone affects shipping, 
commercial vessels may request permission from the Captain of the Port 
Buffalo or his or her designated representative to transit the safety 
zone or remain in the safety zone during the event.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please contact the person listed 
in the FOR FURTHER INFORMATION CONTACT section above.

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, 
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 would 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 would 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 From Environmental Health Risks

    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 would not create an 
environmental risk to health or risk to safety that might 
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 would 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 rule 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 made a 
preliminary determination 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 is categorically excluded, 
under figure 2-1, paragraph (34)(g), of the Commandant Instruction 
because it involves the establishment of a safety zone.
    An environmental analysis checklist 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.


[[Page 51945]]


    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.T09-0082 to read as follows:


Sec.  165.T09-0082  Safety Zone; Cleveland Dragon Boat Festival and 
Head of the Cuyahoga, Cuyahoga River, Cleveland, OH.

    (a) Location. The following area is a safety zone: All waters of 
the Cuyahoga River, Cleveland, OH between a line drawn perpendicular to 
the river banks from position 41[deg]29'55'' N., 081[deg]42'23'' W. 
(NAD 83) just past the Detroit-Superior Viaduct bridge at MM 1.42 of 
the Cuyahoga River south to a line drawn perpendicular to the river 
banks at position 41[deg]28'32'' N., 081[deg]40'16'' W. (NAD 83) just 
south of the Interstate 490 bridge at MM 4.79 of the Cuyahoga River.
    (b) Enforcement period. The third Saturday of September each year 
from 7 a.m. to 4 p.m.
    (c) Definitions. The following definitions apply to this section:
    (1) ``On-scene Representative'' means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Buffalo 
to monitor a safety zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zones, and take 
other actions authorized by the Captain of the Port.
    (2) ``Public vessel'' means vessels owned, chartered, or operated 
by the United States, or by a State or political subdivision thereof.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone identified in paragraph (a) of this section is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative.
    (2) The safety zone identified in paragraph (a) of this section 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) 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.
    (4) Additionally, all vessels over 65 feet intending to transit, 
moor or conduct operations to include loading or discharging of cargo 
or passengers in the Cuyahoga River while the safety zone is being 
enforced should request permission from the COTP or his/her designated 
representative at least 12 hours before the zone is established.
    (e) Exemption. Public vessels, as defined in paragraph (c) of this 
section, are exempt from the requirements in this section.
    (f) Waiver. For any vessel, the Captain of the Port Buffalo or his 
designated representative may waive any of the requirements of this 
section, upon finding that operational conditions or other 
circumstances are such that application of this section is unnecessary 
or impractical for the purposes of public or environmental safety.

    Dated: August 7, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-21301 Filed 8-26-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations                                         51943

                                             of the change in operating schedule for                 Building, 1200 New Jersey Avenue SE.,                 C. Discussion of Comments, Changes
                                             the bridge so that vessels can arrange                  Washington, DC 20590, between 9 a.m.                  and the Final Rule
                                             their transits to minimize any impact                   and 5 p.m., Monday through Friday,                       We received one comment on the
                                             caused by the temporary deviation.                      except Federal holidays.                              NPRM (79 FR 24656). This comment
                                                In accordance with 33 CFR 117.35(e),
                                                                                                     FOR FURTHER INFORMATION CONTACT:     If               requested the time of enforcement be
                                             the drawbridge must return to its regular
                                                                                                     you have questions on this rule, call or              changed from 10 hours to 9 hours and
                                             operating schedule immediately at the
                                                                                                     email LT Stephanie Pitts, Chief of                    to begin at 7 a.m. in lieu of the proposed
                                             end of the effective period of this
                                                                                                     Waterways Management, U.S. Coast                      6 a.m. and still end at 4 p.m. as
                                             temporary deviation. This deviation
                                                                                                     Guard Marine Safety Unit Cleveland;                   originally proposed. This change was
                                             from the operating regulations is
                                                                                                     telephone 216–937–0128, email                         requested for the better facilitation of
                                             authorized under 33 CFR 117.35.
                                                                                                     Stephanie.m.pitts@uscg.mil. If you have               trade on the Cuyahoga River. Of note,
                                               Dated: August 13, 2015.                               questions on viewing the docket, call                 the commenter, Great Lakes Carriers
                                             D.H. Sulouff,                                           Ms. Cheryl Collins, Program Manager,                  Association noted that they completed a
                                             District Bridge Chief, Eleventh Coast Guard             Docket Operations, telephone 202–366–                 memorandum of agreement with the
                                             District.                                               9826 or 1–800–647–5527.                               Cuyahoga River rowing foundation to
                                             [FR Doc. 2015–21300 Filed 8–26–15; 8:45 am]                                                                   address this very issue and to formalize
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             BILLING CODE 9110–04–P                                                                                        the agreement between them to better
                                                                                                     Table of Acronyms                                     allow for diverse use of the river
                                                                                                     DHS Department of Homeland Security                   without hampering trade and vital to the
                                             DEPARTMENT OF HOMELAND                                  FR Federal Register                                   local economy. The Coast Guard, upon
                                             SECURITY                                                NPRM Notice of Proposed Rulemaking                    reviewing the comment considers the
                                                                                                     § Section                                             change to the proposal to be in the best
                                             Coast Guard                                                                                                   interest of this rule and has amended
                                                                                                     A. Regulatory History and Information                 the final rule to be effective for 9 hours,
                                             33 CFR Part 165                                                                                               beginning at 7 a.m. and ending at 4 p.m.
                                                                                                        The Head of the Cuyahoga (HOTC)
                                             [Docket No. USCG–2014–0082]                             rowing regatta has occurred annually for              as requested.
                                                                                                     over a decade and the Dragon Boat                        The enforcement date and times for
                                             RIN 1625–AA00
                                                                                                     Festival for the last 8 years. In response            the safety zone that is listed in 33 CFR
                                             Safety Zones; Cleveland Dragon Boat                     to past years’ events, the Coast Guard                165.T09–0082 is to occur on the 3rd
                                             Festival and Head of the Cuyahoga,                      established a temporary safety zone to                Saturday of September of each year and
                                             Cuyahoga River, Cleveland, OH                           protect the boating public. For example,              to begin 7 a.m. and end at 4 p.m. For
                                                                                                     in 2013, the Captain of the Port Buffalo              any given year, the Captain of the Port
                                             AGENCY:    Coast Guard, DHS.                            initiated a rulemaking (78 FR 42736,                  Sector Buffalo will provide notice to the
                                             ACTION:   Final rule.                                   July 17, 2013) to ensure the safety of                public by publishing a Notice of
                                                                                                     spectators and vessels during the rowing              Enforcement in the Federal Register, as
                                             SUMMARY:    The Coast Guard is                                                                                well as, issuing a Broadcast Notice to
                                             establishing regulations for annual,                    event. The safety zone in this final rule
                                                                                                     is identical in size, location, and effect            Mariners.
                                             combined marine events that require the                                                                          Entry into, transiting, or anchoring
                                             establishment of a temporary safety                     as that established by the 2013
                                                                                                     rulemaking.                                           within the safety zones identified in
                                             zone within the Captain of the Port                                                                           § 165.T09–0082 will be prohibited
                                             Zone Buffalo on the Cuyahoga River,                     B. Basis and Purpose                                  unless authorized by the Captain of the
                                             Cleveland, OH. This safety zone                                                                               Port Buffalo or his on-scene
                                             regulation is necessary to protect the                     As mentioned in the ‘‘Regulatory
                                                                                                     History and Information’’ section, the                representative. The Captain of the Port
                                             surrounding public, spectators,                                                                               or his on-scene representative may be
                                             participants, and vessels from the                      HOTC is an annual rowing regatta that
                                                                                                     has taken place for over a decade. The                contacted via VHF Channel 16.
                                             hazards associated with the rowing
                                             regatta in the narrow waterway of the                   HOTC takes place on the Cuyahoga                      D. Regulatory Analyses
                                             Cuyahoga River. This rule is intended to                River along a 4800 meter course and
                                                                                                     attracts numerous rowing clubs and                      We developed this rule after
                                             restrict vessels annually from a portion                                                                      considering numerous statutes and
                                             of the Cuyahoga River for up to 9 hours                 programs from across the U.S.
                                                                                                     Typically, the event occurs on the third              executive orders related to rulemaking.
                                             during the combined Dragon Boat                                                                               Below we summarize our analyses
                                             Festival and the Head of the Cuyahoga                   Saturday of September between the
                                                                                                     hours of 7 a.m. and 4 p.m. In 2014, the               based on these statutes or executive
                                             Regatta.                                                                                                      orders.
                                             DATES: This rule is effective September                 HOTC occurred between 6 a.m. and 4
                                             28, 2015.                                               p.m. on September 20th.                               1. Regulatory Planning and Review
                                             ADDRESSES: Documents mentioned in                          In conjunction with the HOTC, the                    This rule is not a significant
                                             this preamble are part of docket [USCG–                 Seventh Annual Cleveland Dragon Boat                  regulatory action under section 3(f) of
                                             2014–0082]. To view documents                           Festival will take place from Superior/               Executive Order 12866, Regulatory
                                             mentioned in this preamble as being                     Nautica Bend to just north of the Detroit             Planning and Review, as supplemented
                                             available in the docket, go to http://                  Superior Viaduct Bridge. The Dragon                   by Executive Order 13563, Improving
                                             www.regulations.gov, type the docket                    Boat festival will feature three head-to-             Regulation and Regulatory Review, and
                                             number in the ‘‘SEARCH’’ box and click                  head races being held over the course of              does not require an assessment of
rmajette on DSK2VPTVN1PROD with RULES




                                             ‘‘SEARCH.’’ Click on Open Docket                        the day.                                              potential costs and benefits under
                                             Folder on the line associated with this                    The Captain of the Port Buffalo has                section 6(a)(3) of Executive Order 12866
                                             rulemaking. You may also visit the                      determined that the HOTC and the                      or under section 1 of Executive Order
                                             Docket Management Facility in Room                      Cleveland Dragon Boat Festival rowing                 13563. The Office of Management and
                                             W12–140 on the ground floor of the                      events present significant hazards to                 Budget has not reviewed it under those
                                             Department of Transportation West                       public spectators and participants.                   Orders.


                                        VerDate Sep<11>2014   14:03 Aug 26, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\27AUR1.SGM   27AUR1


                                             51944            Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations

                                             2. Impact on Small Entities                             employees of the Coast Guard, call 1–                 10. Protection of Children From
                                                Under the Regulatory Flexibility Act                 888–REG–FAIR (1–888–734–3247). The                    Environmental Health Risks
                                             (5 U.S.C. 601–612), we have considered                  Coast Guard will not retaliate against                  We have analyzed this rule under
                                             the impact of this rule on small entities.              small entities that question or complain              Executive Order 13045, Protection of
                                             The Coast Guard received no comments                    about this rule or any policy or action               Children from Environmental Health
                                             from the Small Business Administration                  of the Coast Guard.                                   Risks and Safety Risks. This rule is not
                                             on this rule. The Coast Guard certifies                 4. Collection of Information                          an economically significant rule and
                                             under 5 U.S.C. 605(b) that this rule will                                                                     would not create an environmental risk
                                             not have a significant economic impact                    This rule will not call for a new                   to health or risk to safety that might
                                             on a substantial number of small                        collection of information under the                   disproportionately affect children.
                                             entities.                                               Paperwork Reduction Act of 1995 (44                   11. Indian Tribal Governments
                                                This rule would affect the following                 U.S.C. 3501–3520).
                                             entities, some of which might be small                                                                           This rule does not have tribal
                                             entities: The owners and operators of                   5. Federalism                                         implications under Executive Order
                                             vessels intending to transit or anchor in                                                                     13175, Consultation and Coordination
                                                                                                        A rule has implications for federalism             with Indian Tribal Governments,
                                             the safety zone while the zone is being                 under Executive Order 13132,
                                             enforced. The safety zone will not have                                                                       because it would not have a substantial
                                                                                                     Federalism, if it has a substantial direct            direct effect on one or more Indian
                                             a significant economic impact on a                      effect on the States, on the relationship
                                             substantial number of small entities for                                                                      tribes, on the relationship between the
                                                                                                     between the national government and                   Federal Government and Indian tribes,
                                             the following reasons: Each safety zone                 the States, or on the distribution of
                                             in this rule will be in enforced for no                                                                       or on the distribution of power and
                                                                                                     power and responsibilities among the                  responsibilities between the Federal
                                             more than 9 hours in any 24 hour period                 various levels of government. We have
                                             and enforced only once per year and                                                                           Government and Indian tribes.
                                                                                                     analyzed this rule under that Order and
                                             will be in areas with low commercial                    determined that this rule does not have               12. Energy Effects
                                             vessel traffic. Furthermore, this safety                implications for federalism.                            This rule is not a ‘‘significant energy
                                             zone has been designed to mitigate the
                                                                                                                                                           action’’ under Executive Order 13211,
                                             delay to traffic by shortening the                      6. Protest Activities
                                                                                                                                                           Actions Concerning Regulations That
                                             enforcement period. In the event that a
                                                                                                       The Coast Guard respects the First                  Significantly Affect Energy Supply,
                                             safety zone affects shipping, commercial
                                                                                                     Amendment rights of protesters.                       Distribution, or Use.
                                             vessels may request permission from the
                                             Captain of the Port Buffalo or his or her               Protesters are asked to contact the                   13. Technical Standards
                                             designated representative to transit the                person listed in the FOR FURTHER
                                                                                                     INFORMATION CONTACT section to
                                                                                                                                                             This rule does not use technical
                                             safety zone or remain in the safety zone                                                                      standards. Therefore, we did not
                                             during the event.                                       coordinate protest activities so that your
                                                                                                                                                           consider the use of voluntary consensus
                                                If you think that your business,                     message can be received without
                                                                                                                                                           standards.
                                             organization, or governmental                           jeopardizing the safety or security of
                                             jurisdiction qualifies as a small entity                people, places or vessels.                            14. Environment
                                             and that this rule would have a                         7. Unfunded Mandates Reform Act                          We have analyzed this rule under
                                             significant economic impact on it,                                                                            Department of Homeland Security
                                             please contact the person listed in the                   The Unfunded Mandates Reform Act                    Management Directive 023–01 and
                                             FOR FURTHER INFORMATION CONTACT                         of 1995 (2 U.S.C. 1531–1538) requires                 Commandant Instruction M16475.lD,
                                             section above.                                          Federal agencies to assess the effects of             which guide the Coast Guard in
                                             3. Assistance for Small Entities                        their discretionary regulatory actions. In            complying with the National
                                                                                                     particular, the Act addresses actions                 Environmental Policy Act of 1969
                                                Under section 213(a) of the Small                    that may result in the expenditure by a               (NEPA) (42 U.S.C. 4321–4370f), and
                                             Business Regulatory Enforcement                         State, local, or tribal government, in the            have made a preliminary determination
                                             Fairness Act of 1996 (Pub. L. 104–121),                 aggregate, or by the private sector of                that this action is one of a category of
                                             we want to assist small entities in                     $100,000,000 (adjusted for inflation) or              actions that do not individually or
                                             understanding this rule. If the rule                    more in any one year. Though this rule                cumulatively have a significant effect on
                                             would affect your small business,                       would not result in such an                           the human environment. This rule is
                                             organization, or governmental                           expenditure, we do discuss the effects of             categorically excluded, under figure 2–
                                             jurisdiction and you have questions                     this rule elsewhere in this preamble.                 1, paragraph (34)(g), of the Commandant
                                             concerning its provisions or options for                                                                      Instruction because it involves the
                                             compliance, please contact the person                   8. Taking of Private Property                         establishment of a safety zone.
                                             listed in the FOR FURTHER INFORMATION                                                                            An environmental analysis checklist
                                             CONTACT, above.                                           This rule would not cause a taking of
                                                                                                                                                           and a categorical exclusion
                                                Small businesses may send comments                   private property or otherwise have
                                                                                                                                                           determination are available in the
                                             on the actions of Federal employees                     taking implications under Executive
                                                                                                                                                           docket where indicated under
                                             who enforce, or otherwise determine                     Order 12630, Governmental Actions and
                                                                                                                                                           ADDRESSES. We seek any comments or
                                             compliance with, Federal regulations to                 Interference with Constitutionally
                                                                                                                                                           information that may lead to the
                                             the Small Business and Agriculture                      Protected Property Rights.
                                                                                                                                                           discovery of a significant environmental
                                             Regulatory Enforcement Ombudsman
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                                                                                                     9. Civil Justice Reform                               impact from this rule.
                                             and the Regional Small Business
                                             Regulatory Fairness Boards. The                           This rule meets applicable standards                List of Subjects in 33 CFR Part 165
                                             Ombudsman evaluates these actions                       in sections 3(a) and 3(b)(2) of Executive               Harbors, Marine Safety, Navigation
                                             annually and rates each agency’s                        Order 12988, Civil Justice Reform, to                 (water), Reporting and recordkeeping
                                             responsiveness to small business. If you                minimize litigation, eliminate                        requirements, Security measures,
                                             wish to comment on actions by                           ambiguity, and reduce burden.                         Waterways.


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                                                              Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations                                       51945

                                               For the reasons discussed in the                      Port Buffalo or his on-scene                          Cuyahoga Valley National Park, (440)
                                             preamble, the Coast Guard amends 33                     representative may be contacted via                   546–5970.
                                             CFR parts 165 as follows:                               VHF Channel 16. Vessel operators given                SUPPLEMENTARY INFORMATION:
                                                                                                     permission to enter or operate in the
                                             PART 165—REGULATED NAVIGATION                           safety zone must comply with all                      Background
                                             AREAS AND LIMITED ACCESS AREAS                          directions given to them by the Captain               Legislation and Purposes of Cuyahoga
                                                                                                     of the Port Buffalo, or his on-scene                  Valley National Park
                                             ■ 1. The authority citation for Part 165                representative.
                                             continues to read as follows:                              (4) Additionally, all vessels over 65                 On December 27, 1974, President
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             feet intending to transit, moor or                    Gerald Ford signed Pub. L. 93–555
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               conduct operations to include loading                 creating Cuyahoga Valley National
                                             Department of Homeland Security Delegation              or discharging of cargo or passengers in              Recreation Area for the purpose of
                                             No. 0170.1.                                             the Cuyahoga River while the safety                   ‘‘preserving and protecting for public
                                             ■ 2. Add § 165.T09–0082 to read as                      zone is being enforced should request                 use and enjoyment, the historic, scenic,
                                             follows:                                                permission from the COTP or his/her                   natural, and recreational values of the
                                                                                                     designated representative at least 12                 Cuyahoga River and the adjacent lands
                                             § 165.T09–0082 Safety Zone; Cleveland                   hours before the zone is established.                 of the Cuyahoga Valley and for the
                                             Dragon Boat Festival and Head of the
                                                                                                        (e) Exemption. Public vessels, as                  purpose of providing for the
                                             Cuyahoga, Cuyahoga River, Cleveland, OH.
                                                                                                     defined in paragraph (c) of this section,             maintenance of needed recreational
                                                (a) Location. The following area is a                are exempt from the requirements in                   open space necessary to the urban
                                             safety zone: All waters of the Cuyahoga                 this section.                                         environment.’’ In 2000, Congress
                                             River, Cleveland, OH between a line                        (f) Waiver. For any vessel, the Captain            redesignated Cuyahoga Valley National
                                             drawn perpendicular to the river banks                  of the Port Buffalo or his designated                 Recreation Area as Cuyahoga Valley
                                             from position 41°29′55″ N., 081°42′23″                  representative may waive any of the                   National Park (CUVA or Park) with the
                                             W. (NAD 83) just past the Detroit-                      requirements of this section, upon                    passage of the Department of the Interior
                                             Superior Viaduct bridge at MM 1.42 of                   finding that operational conditions or                and Related Agencies Appropriations
                                             the Cuyahoga River south to a line                      other circumstances are such that                     Act (Pub. L. 106–291).
                                             drawn perpendicular to the river banks                  application of this section is
                                             at position 41°28′32″ N., 081°40′16″ W.                                                                          CUVA is an important national
                                                                                                     unnecessary or impractical for the                    resource within a predominantly
                                             (NAD 83) just south of the Interstate 490               purposes of public or environmental
                                             bridge at MM 4.79 of the Cuyahoga                                                                             metropolitan region, where the Park is
                                                                                                     safety.                                               visited by approximately 2,500,000
                                             River.
                                                (b) Enforcement period. The third                      Dated: August 7, 2015.                              people annually. Located in Cuyahoga
                                             Saturday of September each year from 7                  B.W. Roche,                                           and Summit Counties, Ohio, and
                                             a.m. to 4 p.m.                                          Captain, U.S. Coast Guard, Captain of the             situated between the cities of Cleveland
                                                (c) Definitions. The following                       Port Buffalo.                                         and Akron, CUVA includes
                                             definitions apply to this section:                      [FR Doc. 2015–21301 Filed 8–26–15; 8:45 am]           approximately 33,000 acres of land,
                                                (1) ‘‘On-scene Representative’’ means                BILLING CODE 9110–04–P                                with 19,000 acres under the
                                             any Coast Guard commissioned,                                                                                 administration of the National Park
                                             warrant, or petty officer designated by                                                                       Service (NPS). The Park contains
                                             the Captain of the Port Buffalo to                      DEPARTMENT OF THE INTERIOR                            significant resources, including the
                                             monitor a safety zone, permit entry into                                                                      Cuyahoga River Valley and its
                                             the zone, give legally enforceable orders               National Park Service                                 associated ecological functions, rich
                                             to persons or vessels within the zones,                                                                       cultural resources and landscapes, and
                                             and take other actions authorized by the                36 CFR Part 7                                         a variety of recreational and outdoor use
                                             Captain of the Port.                                                                                          opportunities.
                                                                                                     [NPS–CUVA–18292; PPMWCUVAR0,
                                                (2) ‘‘Public vessel’’ means vessels                  PPMRSNR1Z.Y00000]                                        In the 1930’s the Cuyahoga Valley
                                             owned, chartered, or operated by the                                                                          provided a respite for urban dwellers
                                                                                                     RIN 1024–AE18                                         from Cleveland and Akron. During this
                                             United States, or by a State or political
                                             subdivision thereof.                                                                                          time period, private estates in the
                                                                                                     Special Regulations; Areas of the
                                                (d) Regulations. (1) In accordance                                                                         Cuyahoga Valley had established trails
                                                                                                     National Park System, Cuyahoga
                                             with the general regulations in § 165.23                                                                      and carriage roads for their private
                                                                                                     Valley National Park, Bicycling
                                             of this part, entry into, transiting, or                                                                      recreational enjoyment, including
                                             anchoring within this safety zone                       AGENCY:    National Park Service, Interior.           places like the Old Carriage trail area
                                             identified in paragraph (a) of this                     ACTION:   Final rule.                                 and the Wetmore trails. Over the years,
                                             section is prohibited unless authorized                                                                       these lands and other park lands were
                                             by the Captain of the Port Buffalo or his               SUMMARY:   The rule authorizes and                    incorporated into the Cleveland
                                             designated on-scene representative.                     allows for the management of bicycle                  Metroparks and Summit Metro Parks
                                                (2) The safety zone identified in                    use on certain new trails within                      that are now part of what is designated
                                             paragraph (a) of this section is closed to              Cuyahoga Valley National Park. The                    as CUVA. Two significant trail corridors
                                             all vessel traffic, except as may be                    National Park Service general regulation              accelerated the recreational connections
                                             permitted by the Captain of the Port                    pertaining to bicycles requires                       to the Valley: The conversion of an
                                                                                                     promulgation of a special regulation to               abandoned railroad bed to the Bike and
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                                             Buffalo or his designated on-scene
                                             representative.                                         authorize bicycle use on new trails                   Hike Trail in 1970 and the construction
                                                (3) Vessel operators desiring to enter               constructed outside of developed areas.               of the Towpath Trail in the late 1980’s
                                             or operate within the safety zone must                  DATES: The rule is effective September                and early 1990’s. Many of the trails from
                                             contact the Captain of the Port Buffalo                 28, 2015.                                             the earliest days of Cuyahoga Valley as
                                             or his on-scene representative to obtain                FOR FURTHER INFORMATION CONTACT: Lisa                 a recreation destination remain today
                                             permission to do so. The Captain of the                 Petit, Chief of Resource Management,                  for visitors to enjoy and share the


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Document Created: 2015-12-15 10:52:52
Document Modified: 2015-12-15 10:52:52
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
ActionFinal rule.
DatesThis rule is effective September 28, 2015.
ContactIf you have questions on this rule, call or email LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128, email [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527.
FR Citation80 FR 51943 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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