80_FR_56567 80 FR 56386 - Safety Zone; Saint-Gobain Performance Plastics Celebration Fireworks; Lake Erie, Cleveland, OH

80 FR 56386 - Safety Zone; Saint-Gobain Performance Plastics Celebration Fireworks; Lake Erie, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 181 (September 18, 2015)

Page Range56386-56388
FR Document2015-23536

The Coast Guard is establishing a temporary safety zone in Lake Erie, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Saint-Gobain Performance Plastics Celebration fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display.

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56386-56388]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23536]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0833]
RIN 1625-AA00


Safety Zone; Saint-Gobain Performance Plastics Celebration 
Fireworks; Lake Erie, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Lake Erie, Cleveland, OH. This safety zone is intended to restrict 
vessels from a portion of Lake Erie during the Saint-Gobain Performance 
Plastics Celebration fireworks display. This temporary safety zone is 
necessary to protect mariners and vessels from the navigational hazards 
associated with a fireworks display.

DATES: This rule will be effective from 9:15 p.m. until 10:05 p.m. on 
September 19, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0833]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable 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 and contrary to the public interest.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 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

[[Page 56387]]

Coast Guard to establish and define regulatory safety zones.
    Between 9:15 p.m. and 10:05 p.m. on September 19, 2015, a fireworks 
display will be held on the shoreline of Lake Erie in Cleveland, OH. It 
is anticipated that numerous vessels will be in the immediate vicinity 
of the launch point. The Captain of the Port Buffalo has determined 
that such a launch proximate to a gathering of watercraft poses a 
significant risk to public safety and property. Such hazards include 
premature and accidental detonations, dangerous projectiles, and 
falling or burning debris.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Buffalo has determined that this temporary safety zone is necessary to 
ensure the safety of spectators and vessels during the Saint-Gobain 
Performance Plastics Celebration fireworks display. This zone will be 
effective and enforced from 9:15 p.m. until 10:05 p.m. on September 19, 
2015. This zone will encompass all waters of Lake Erie; Cleveland, OH 
within a 280-foot radius of position 41[deg] 30'34.23'' N. and 
81[deg]41'56.3'' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule will be 
relatively small and enforced for a relatively short time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
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; Cleveland, OH on the 
evening of September 19, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone would be effective, and thus subject to enforcement, for 
only 50 minutes late in the day. Traffic may be allowed to pass through 
the zone with the permission of the Captain of the Port. The Captain of 
the Port can be reached via VHF channel 16. Before the enforcement of 
the zone, we would issue local Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of

[[Page 56388]]

Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone and, 
therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Section 165.T09-0833 is added to read as follows:


Sec.  165.T09-0833  Safety Zone; Saint-Gobain Performance Plastics 
Celebration Fireworks, Lake Erie; Cleveland, OH.

    (a) Location. This zone will encompass all waters of Lake Erie; 
Cleveland, OH within a 280-foot radius of position 41[deg]30'34.23'' N. 
and 81[deg]41'56.3'' W. (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective 
and will be enforced on September 19, 2015 from 9:15 p.m. until 10:05 
p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall 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 27, 2015.
B. W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-23536 Filed 9-17-15; 8:45 am]
BILLING CODE 9110-04-P



                                            56386            Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            environment. This rule involves                         Coast Guard Sector Upper Mississippi                  and 5 p.m., Monday through Friday,
                                            establishment of a temporary safety                     River at (314) 269–2332.                              except Federal holidays.
                                            zone to protect persons and property                      (3) All persons and vessels shall                   FOR FURTHER INFORMATION CONTACT: If
                                            from potential hazards associated with                  comply with the instruction of the                    you have questions on this rule, call LT
                                            the scheduled New Athens Drag Boat                      COTP Upper Mississippi River and                      Stephanie Pitts, Chief of Waterways
                                            Race taking place on the Kaskaskia                      designated on-scene personnel.                        Management, U.S. Coast Guard Marine
                                            River. This rule is categorically                         (d) Informational broadcasts. The                   Safety Unit Cleveland; telephone 216–
                                            excluded from further review under                      COTP Upper Mississippi River or a                     937–0128. If you have questions on
                                            paragraph 34(g) of Figure 2–1 of the                    designated representative will inform                 viewing the docket, call Ms. Cheryl
                                            Commandant Instruction. An                              the public through Local Notice to                    Collins, Program Manager, Docket
                                            environmental analysis checklist                        Mariners of the enforcement period for                Operations, telephone 202–366–9826 or
                                            supporting this determination and a                     the safety zone as well as any changes                1–800–647–5527.
                                            Categorical Exclusion Determination are                 in the planned and published dates and
                                                                                                                                                          SUPPLEMENTARY INFORMATION:
                                            available in the docket where indicated                 times of enforcement.
                                            under ADDRESSES. We seek any                              Dated: August 13, 2015.                             Table of Acronyms
                                            comments or information that may lead                   M. L. Malloy,                                         DHS Department of Homeland Security
                                            to the discovery of a significant                                                                             FR Federal Register
                                                                                                    Captain, U.S. Coast Guard, Captain of the
                                            environmental impact from this rule.                    Port Sector Upper Mississippi River.                  NPRM Notice of Proposed Rulemaking
                                            List of Subjects in 33 CFR Part 165                     [FR Doc. 2015–23535 Filed 9–17–15; 8:45 am]           TFR Temporary Final Rule

                                              Harbors, Marine safety, Navigation                    BILLING CODE 9110–04–P                                A. Regulatory History and Information
                                            (water), Reporting and recordkeeping                                                                             The Coast Guard is issuing this
                                            requirements, Security measures,                                                                              temporary final rule without prior
                                                                                                    DEPARTMENT OF HOMELAND
                                            Waterways.                                                                                                    notice and opportunity to comment
                                                                                                    SECURITY
                                              For the reasons discussed in the                                                                            pursuant to authority under section 4(a)
                                            preamble, the Coast Guard amends 33                     Coast Guard                                           of the Administrative Procedure Act
                                            CFR part 165 as follows:                                                                                      (APA) (5 U.S.C. 553(b)). This provision
                                                                                                    33 CFR Part 165                                       authorizes an agency to issue a rule
                                            PART 165—REGULATED NAVIGATION                                                                                 without prior notice and opportunity to
                                            AREAS AND LIMITED ACCESS AREAS                          [Docket Number USCG–2015–0833]                        comment when the agency for good
                                                                                                    RIN 1625–AA00                                         cause finds that those procedures are
                                            ■ 1. The authority citation for part 165                                                                      ‘‘impracticable, unnecessary, or contrary
                                            continues to read as follows:                           Safety Zone; Saint-Gobain                             to the public interest.’’ Under 5 U.S.C.
                                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Performance Plastics Celebration                      553(b)(B), the Coast Guard finds that
                                            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Fireworks; Lake Erie, Cleveland, OH                   good cause exists for not publishing a
                                            Department of Homeland Security Delegation                                                                    notice of proposed rulemaking (NPRM)
                                            No. 0170.1.                                             AGENCY:    Coast Guard, DHS.
                                                                                                                                                          with respect to this rule because doing
                                                                                                    ACTION:   Temporary final rule.                       so would be impracticable and contrary
                                            ■ 2. A new temporary § 165.T08–0777 is
                                            added to read as follows:                                                                                     to the public interest. The final details
                                                                                                    SUMMARY:   The Coast Guard is
                                                                                                                                                          for this event were not known to the
                                            § 165.T08–0777 Safety Zone; Kaskaskia
                                                                                                    establishing a temporary safety zone in
                                                                                                                                                          Coast Guard until there was insufficient
                                            River between MM 28 and 29; New Athens,                 Lake Erie, Cleveland, OH. This safety
                                                                                                                                                          time remaining before the event to
                                            IL.                                                     zone is intended to restrict vessels from
                                                                                                                                                          publish an NPRM. Thus, delaying the
                                                                                                    a portion of Lake Erie during the Saint-
                                              (a) Location. The following area is a                                                                       effective date of this rule to wait for a
                                                                                                    Gobain Performance Plastics Celebration
                                            safety zone: All waters of the Kaskaskia                                                                      comment period to run would be both
                                                                                                    fireworks display. This temporary safety
                                            River between MM 28 and 29, New                                                                               impracticable and contrary to the public
                                                                                                    zone is necessary to protect mariners
                                            Athens, IL.                                                                                                   interest because it would inhibit the
                                                                                                    and vessels from the navigational
                                              (b) Effective and enforcement period.                                                                       Coast Guard’s ability to protect
                                                                                                    hazards associated with a fireworks
                                            This rule is effective from 8:00 a.m.                                                                         spectators and vessels from the hazards
                                                                                                    display.
                                            until 6:00 p.m. on September 19, 2015                                                                         associated with a maritime fireworks
                                            and September 20, 2015. This rule will                  DATES:  This rule will be effective from              display.
                                            be enforced with actual notice from 8:00                9:15 p.m. until 10:05 p.m. on September                  Under 5 U.S.C. 553(d)(3), the Coast
                                            a.m. until 6:00 p.m. on September 19,                   19, 2015.                                             Guard finds that good cause exists for
                                            2015 and September 20, 2015.                            ADDRESSES: Documents mentioned in                     making this temporary rule effective less
                                              (c) Regulations. (1) In accordance with               this preamble are part of docket [USCG–               than 30 days after publication in the
                                            the general regulations in § 165.23, entry              2015–0833]. To view documents                         Federal Register. For the same reasons
                                            into, movement within, or departure                     mentioned in this preamble as being                   discussed in the preceding paragraph,
                                            from this zone is prohibited unless                     available in the docket, go to http://                waiting for a 30 day notice period to run
                                            authorized by the COTP Upper                            www.regulations.gov, type the docket                  would be impracticable and contrary to
                                            Mississippi River or a designated                       number in the ‘‘SEARCH’’ box and click                the public interest.
                                            representative.                                         ‘‘SEARCH.’’ Click on Open Docket
                                                                                                                                                          B. Basis and Purpose
                                               (2) Persons or vessels requiring entry               Folder on the line associated with this
tkelley on DSK3SPTVN1PROD with RULES




                                            into, departure from, or movement                       rulemaking. You may also visit the                      The legal basis and authorities for this
                                            within a regulated area must request                    Docket Management Facility in Room                    rule are found in 33 U.S.C. 1231; 50
                                            permission from the COTP Upper                          W12–140 on the ground floor of the                    U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                            Mississippi River or a designated                       Department of Transportation West                     6.04–6, and 160.5; and Department of
                                            representative. They may be contacted                   Building, 1200 New Jersey Avenue SE.,                 Homeland Security Delegation No.
                                            on VHF–FM Channel 16, or through                        Washington, DC 20590, between 9 a.m.                  0170.1, which collectively authorize the


                                       VerDate Sep<11>2014   16:42 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM   18SER1


                                                             Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations                                       56387

                                            Coast Guard to establish and define                     or loan recipients, and will not raise any            888–REG–FAIR (1–888–734–3247). The
                                            regulatory safety zones.                                novel legal or policy issues. The safety              Coast Guard will not retaliate against
                                              Between 9:15 p.m. and 10:05 p.m. on                   zone created by this rule will be                     small entities that question or complain
                                            September 19, 2015, a fireworks display                 relatively small and enforced for a                   about this rule or any policy or action
                                            will be held on the shoreline of Lake                   relatively short time. Also, the safety               of the Coast Guard.
                                            Erie in Cleveland, OH. It is anticipated                zone is designed to minimize its impact
                                            that numerous vessels will be in the                    on navigable waters. Under certain                    4. Collection of Information
                                            immediate vicinity of the launch point.                 conditions, moreover, vessels may still                 This rule will not call for a new
                                            The Captain of the Port Buffalo has                     transit through the safety zone when                  collection of information under the
                                            determined that such a launch                           permitted by the Captain of the Port.                 Paperwork Reduction Act of 1995 (44
                                            proximate to a gathering of watercraft                                                                        U.S.C. 3501–3520).
                                                                                                    2. Impact on Small Entities
                                            poses a significant risk to public safety
                                                                                                       Under the Regulatory Flexibility Act               5. Federalism
                                            and property. Such hazards include
                                            premature and accidental detonations,                   (5 U.S.C. 601–612), we have considered                   A rule has implications for federalism
                                            dangerous projectiles, and falling or                   the impact of this rule on small entities.            under Executive Order 13132,
                                            burning debris.                                         The Coast Guard certifies under 5 U.S.C.              Federalism, if it has a substantial direct
                                                                                                    605(b) that this rule will not have a                 effect on the States, on the relationship
                                            C. Discussion of the Final Rule                         significant economic impact on a                      between the national government and
                                              With the aforementioned hazards in                    substantial number of small entities.                 the States, or on the distribution of
                                            mind, the Captain of the Port Buffalo                   The Coast Guard certifies under 5 U.S.C.              power and responsibilities among the
                                            has determined that this temporary                      605(b) that this rule will not have a                 various levels of government. We have
                                            safety zone is necessary to ensure the                  significant economic impact on a                      analyzed this rule under that Order and
                                            safety of spectators and vessels during                 substantial number of small entities.                 determined that this rule does not have
                                            the Saint-Gobain Performance Plastics                   This rule will affect the following                   implications for federalism.
                                            Celebration fireworks display. This zone                entities, some of which might be small
                                                                                                    entities: The owners or operators of                  6. Protest Activities
                                            will be effective and enforced from 9:15
                                            p.m. until 10:05 p.m. on September 19,                  vessels intending to transit or anchor in               The Coast Guard respects the First
                                            2015. This zone will encompass all                      a portion of Lake Erie; Cleveland, OH on              Amendment rights of protesters.
                                            waters of Lake Erie; Cleveland, OH                      the evening of September 19, 2015.                    Protesters are asked to contact the
                                            within a 280-foot radius of position 41°                   This safety zone will not have a                   person listed in the FOR FURTHER
                                            30′34.23″ N. and 81°41′56.3″ W. (NAD                    significant economic impact on a                      INFORMATION CONTACT section to
                                            83).                                                    substantial number of small entities for              coordinate protest activities so that your
                                              Entry into, transiting, or anchoring                  the following reasons: This safety zone               message can be received without
                                            within the safety zone is prohibited                    would be effective, and thus subject to               jeopardizing the safety or security of
                                            unless authorized by the Captain of the                 enforcement, for only 50 minutes late in              people, places, or vessels.
                                            Port Buffalo or his designated on-scene                 the day. Traffic may be allowed to pass
                                                                                                    through the zone with the permission of               7. Unfunded Mandates Reform Act
                                            representative. The Captain of the Port
                                            or his designated on-scene                              the Captain of the Port. The Captain of                 The Unfunded Mandates Reform Act
                                            representative may be contacted via                     the Port can be reached via VHF                       of 1995 (2 U.S.C. 1531–1538) requires
                                            VHF Channel 16.                                         channel 16. Before the enforcement of                 Federal agencies to assess the effects of
                                                                                                    the zone, we would issue local                        their discretionary regulatory actions. In
                                            D. Regulatory Analyses                                  Broadcast Notice to Mariners.                         particular, the Act addresses actions
                                              We developed this rule after                                                                                that may result in the expenditure by a
                                                                                                    3. Assistance for Small Entities
                                            considering numerous statutes and                                                                             State, local, or tribal government, in the
                                            executive orders related to rulemaking.                    Under section 213(a) of the Small                  aggregate, or by the private sector of
                                            Below we summarize our analyses                         Business Regulatory Enforcement                       $100,000,000 (adjusted for inflation) or
                                            based on these statutes and executive                   Fairness Act of 1996 (Pub. L. 104–121),               more in any one year. Though this rule
                                            orders.                                                 we want to assist small entities in                   will not result in such an expenditure,
                                                                                                    understanding this rule. If the rule                  we do discuss the effects of this rule
                                            1. Regulatory Planning and Review                       would affect your small business,                     elsewhere in this preamble.
                                               This rule is not a significant                       organization, or governmental
                                            regulatory action under section 3(f) of                 jurisdiction and you have questions                   8. Taking of Private Property
                                            Executive Order 12866, Regulatory                       concerning its provisions or options for                This rule will not cause a taking of
                                            Planning and Review, as supplemented                    compliance, please contact the person                 private property or otherwise have
                                            by Executive Order 13563, Improving                     listed in the FOR FURTHER INFORMATION                 taking implications under Executive
                                            Regulation and Regulatory Review, and                   CONTACT section above.                                Order 12630, Governmental Actions and
                                            does not require an assessment of                          Small businesses may send comments                 Interference with Constitutionally
                                            potential costs and benefits under                      on the actions of Federal employees                   Protected Property Rights.
                                            section 6(a)(3) of Executive Order 12866                who enforce, or otherwise determine
                                            or under section 1 of Executive Order                   compliance with, Federal regulations to               9. Civil Justice Reform
                                            13563. The Office of Management and                     the Small Business and Agriculture                      This rule meets applicable standards
                                            Budget has not reviewed it under those                  Regulatory Enforcement Ombudsman                      in sections 3(a) and 3(b)(2) of Executive
                                            Orders.                                                 and the Regional Small Business                       Order 12988, Civil Justice Reform, to
tkelley on DSK3SPTVN1PROD with RULES




                                               We conclude that this rule is not a                  Regulatory Fairness Boards. The                       minimize litigation, eliminate
                                            significant regulatory action because we                Ombudsman evaluates these actions                     ambiguity, and reduce burden.
                                            anticipate that it will have minimal                    annually and rates each agency’s
                                            impact on the economy, will not                         responsiveness to small business. If you              10. Protection of Children
                                            interfere with other agencies, will not                 wish to comment on actions by                           We have analyzed this rule under
                                            adversely alter the budget of any grant                 employees of the Coast Guard, call 1–                 Executive Order 13045, Protection of


                                       VerDate Sep<11>2014   16:42 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM   18SER1


                                            56388            Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            Children from Environmental Health                      PART 165—REGULATED NAVIGATION                         DEPARTMENT OF HOMELAND
                                            Risks and Safety Risks. This rule is not                AREAS AND LIMITED ACCESS AREAS                        SECURITY
                                            an economically significant rule and
                                            does not create an environmental risk to                ■ 1. The authority citation for part 165              Coast Guard
                                            health or risk to safety that may                       continues to read as follows:
                                            disproportionately affect children.                                                                           33 CFR Part 165
                                                                                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                            11. Indian Tribal Governments                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             [Docket Number USCG–2015–0570]
                                               This rule does not have tribal                       Department of Homeland Security Delegation            RIN 1625–AA00
                                            implications under Executive Order                      No. 0170.1.
                                            13175, Consultation and Coordination                    ■ 2. Section 165.T09–0833 is added to                 Safety Zone; 520 Bridge Construction,
                                            with Indian Tribal Governments,                         read as follows:                                      Lake Washington, Seattle, WA
                                            because it does not have a substantial
                                            direct effect on one or more Indian                                                                           AGENCY:     Coast Guard, DHS.
                                                                                                    § 165.T09–0833 Safety Zone; Saint-Gobain
                                            tribes, on the relationship between the                 Performance Plastics Celebration                      ACTION:    Temporary final rule.
                                            Federal Government and Indian tribes,                   Fireworks, Lake Erie; Cleveland, OH.
                                                                                                                                                          SUMMARY:   The Coast Guard is
                                            or on the distribution of power and
                                                                                                      (a) Location. This zone will                        establishing a temporary safety zone on
                                            responsibilities between the Federal
                                                                                                    encompass all waters of Lake Erie;                    Lake Washington around the east span
                                            Government and Indian tribes.
                                                                                                    Cleveland, OH within a 280-foot radius                of the 520 Bridge in Seattle, Washington
                                            12. Energy Effects                                      of position 41°30′34.23″ N. and                       due to ongoing construction. The safety
                                              This action is not a ‘‘significant                    81°41′56.3″ W. (NAD 83).                              zone is necessary to ensure the safety of
                                            energy action’’ under Executive Order                     (b) Effective and Enforcement Period.               the maritime public and workers
                                            13211, Actions Concerning Regulations                                                                         involved in the bridge construction
                                                                                                    This regulation is effective and will be
                                            That Significantly Affect Energy Supply,                                                                      when construction barges are located in
                                                                                                    enforced on September 19, 2015 from
                                            Distribution, or Use.                                                                                         the east span of the bridge. The safety
                                                                                                    9:15 p.m. until 10:05 p.m.                            zone will prohibit any person or vessel
                                            13. Technical Standards                                   (c) Regulations. (1) In accordance with             from entering or remaining in the safety
                                              This rule does not use technical                      the general regulations in § 165.23 of                zone unless authorized by the Captain
                                            standards. Therefore, we did not                        this part, entry into, transiting, or                 of the Port or his Designated
                                            consider the use of voluntary consensus                 anchoring within this safety zone is                  Representative.
                                            standards.                                              prohibited unless authorized by the                   DATES:  This rule is effective without
                                                                                                    Captain of the Port Buffalo or his                    actual notice from September 18, 2015
                                            14. Environment
                                                                                                    designated on-scene representative.                   through October 5, 2015. For the
                                               We have analyzed this rule under
                                                                                                      (2) This safety zone is closed to all               purposes of enforcement, actual notice
                                            Department of Homeland Security
                                                                                                    vessel traffic, except as may be                      will be used from September 5, 2015
                                            Management Directive 023–01 and
                                                                                                    permitted by the Captain of the Port                  until September 18, 2015.
                                            Commandant Instruction M16475.lD,
                                            which guide the Coast Guard in                          Buffalo or his designated on-scene                    ADDRESSES: To view documents
                                            complying with the National                             representative.                                       mentioned in this preamble as being
                                            Environmental Policy Act of 1969                          (3) The ‘‘on-scene representative’’ of              available in the docket, go to http://
                                            (NEPA) (42 U.S.C. 4321–4370f), and                      the Captain of the Port Buffalo is any                www.regulations.gov, type USCG–2015–
                                            have determined that this action is one                 Coast Guard commissioned, warrant or                  0570 in the ‘‘SEARCH’’ box and click
                                            of a category of actions that do not                    petty officer who has been designated                 ‘‘SEARCH.’’ Click on Open Docket
                                            individually or cumulatively have a                                                                           Folder on the line associated with this
                                                                                                    by the Captain of the Port Buffalo to act
                                            significant effect on the human                                                                               rule. You may also visit the Docket
                                                                                                    on his behalf.
                                            environment. This rule involves the                                                                           Management Facility in Room W12–140
                                            establishment of a safety zone and,                       (4) Vessel operators desiring to enter              on the ground floor of the Department
                                            therefore it is categorically excluded                  or operate within the safety zone shall               of Transportation West Building, 1200
                                            from further review under paragraph                     contact the Captain of the Port Buffalo               New Jersey Avenue SE., Washington,
                                            34(g) of Figure 2–1 of the Commandant                   or his on-scene representative to obtain              DC 20590, between 9 a.m. and 5 p.m.,
                                            Instruction. An environmental analysis                  permission to do so. The Captain of the               Monday through Friday, except Federal
                                            checklist supporting this determination                 Port Buffalo or his on-scene                          holidays.
                                            and a Categorical Exclusion                             representative may be contacted via                   FOR FURTHER INFORMATION CONTACT: If
                                            Determination are available in the                      VHF Channel 16. Vessel operators given                you have questions on this rule, call or
                                            docket where indicated under                            permission to enter or operate in the                 email Ryan Griffin, Waterways
                                            ADDRESSES. We seek any comments or                      safety zone must comply with all                      Management Division, Coast Guard
                                            information that may lead to the                        directions given to them by the Captain               Sector Puget Sound; telephone (206)
                                            discovery of a significant environmental                of the Port Buffalo, or his on-scene                  217–6051, email
                                            impact from this rule.                                  representative.                                       SectorPugetSoundWWM@uscg.mil. If
                                                                                                                                                          you have questions on viewing or
                                            List of Subjects in 33 CFR Part 165                       Dated: August 27, 2015.
                                                                                                                                                          submitting material to the docket, call
                                              Harbors, Marine safety, Navigation                    B. W. Roche,                                          Ms. Cheryl Collins, Program Manager,
tkelley on DSK3SPTVN1PROD with RULES




                                            (water), Reporting and recordkeeping                    Captain, U.S. Coast Guard, Captain of the             Docket Operations, telephone 202–366–
                                            requirements, Security measures,                        Port Buffalo.                                         9826.
                                            Waterways.                                              [FR Doc. 2015–23536 Filed 9–17–15; 8:45 am]           SUPPLEMENTARY INFORMATION:
                                              For the reasons discussed in the                      BILLING CODE 9110–04–P
                                            preamble, the Coast Guard amends 33                                                                           I. Table of Abbreviations
                                            CFR part 165 as follows:                                                                                      CFR      Code of Federal Regulations



                                       VerDate Sep<11>2014   16:42 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM   18SER1



Document Created: 2015-12-15 09:27:56
Document Modified: 2015-12-15 09:27:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule will be effective from 9:15 p.m. until 10:05 p.m. on September 19, 2015.
ContactIf you have questions on this rule, call LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527.
FR Citation80 FR 56386 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR