81 FR 41811 - Security Zones; 2016 Republican National Convention, and Associated Voluntary First Amendment Safety Zones, Lake Erie and Cuyahoga River, Cleveland, OH
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 124 (June 28, 2016)
Coast Guard
Federal Register Volume 81, Issue 124 (June 28, 2016)
| Page Range | 41811-41814 | |
| FR Document | 2016-15240 |
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)] [Rules and Regulations] [Pages 41811-41814] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15240] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0557] RIN 1625-AA87; 1625-AA00 Security Zones; 2016 Republican National Convention, and Associated Voluntary First Amendment Safety Zones, Lake Erie and Cuyahoga River, Cleveland, OH AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing temporary security zones and safety zones for navigable waters within the Cleveland Harbor during the 2016 Republican National Convention. The Republican National Convention and related activities will be held at Quicken Loans Arena and other venues from July 17, 2016 through July 22, 2016. The Department of Homeland Security has designated the 2016 Republican National Convention as a National Special Security Event (NSSE). The security zones are necessary to protect convention delegates, official parties, dignitaries, the public and surrounding waterways from terrorist acts, sabotage or other subversive acts, accidents, or other causes of a similar nature. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo or a designated representative. DATES: This rule is effective from 8 a.m. July 15, 2016 through 11:59 p.m. July 22, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2016-0557 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Michael Collet, Chief of Waterways Management, Sector Buffalo, U.S. Coast Guard; telephone 716-843-9322, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register Pub. L. Public Law NPRM Notice of Proposed Rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary 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 due to it being impracticable and contrary to the public interest. Due to the sensitive security issues related to the Republican National Convention, providing a public notice and comment period would be contrary to the security zone's intended objective of protecting VIPs and the public, because we cannot share the sensitive security information details prior to the rule being published. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Any delay encountered in this temporary rule's effective date would be contrary to the public interest given the need to ensure the safety and security of the event and participating members during the Republican National Convention from July 15, 2016 through July 22, 2016. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Buffalo has [[Page 41812]] determined that potential hazards associated with this event are a security concern surrounding the area. These hazards include potential security threats, violent or disruptive public disorder, delivery of a weapon of mass destruction, launch of a stand-off attack weapon, or delivery of an armed assault force. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the security zone through various times throughout the event. Additionally, the Coast Guard believes that, given the nature of the First Amendment activity expected and the likely type of vessels used by individuals desiring to express their First Amendment rights-- namely kayaks and other small vessels--safety zones designating a voluntary First Amendment Area is necessary to ensure the safety of those vessels and persons who choose to express their views safely and without interference from, or interfering with, other maritime traffic. IV. Discussion of the Rule From July 17, 2016 through July 22, 2016 the Republican National Convention will be held in Cleveland, Ohio. The Primary venue for the 2016 Republican National Convention is Quicken Loans Arena, which is adjacent or proximate to the Cuyahoga River. Secondary venues and venues hosting convention-related activities include the Great Lakes Science Center, Burke Lakefront Airport, the Rock and Roll Hall of Fame and Museum, and other locations near downtown Cleveland on or in close proximity to navigable waters located on the Cuyahoga River and the portion of Lake Erie adjacent to the downtown Cleveland area. The security zones and safety zones will cover all navigable waters within the Cleveland Harbor surrounding the Burke Lakefront Airport and Rock and Roll Hall of Fame and Museum to the entrance of the Cuyahoga River and from the entrance of the Cuyahoga River to waters extending past the George V. Voinovich Bridge. The duration of the security zones and safety zone are intended to protect personnel, vessels, and the marine environment in these navigable waters while the convention and related activities are taking place. No vessel or person will be permitted to enter the security zones without obtaining permission from the Captain of the Port (COTP) or a designated representative. The Secretary of the Department of Homeland Security has designated the 2016 Republican National Convention as a National Special Security Event (NSSE). NSSE's are significant events, which, due to their political, economic, social, or religious significance, may render them particularly attractive targets of terrorism or other criminal activity. The Federal government provides support, assistance, and resources to state and local governments to ensure public safety and security during NSSE's. The Coast Guard has conducted threat, vulnerability, and risk analyses relating to the maritime transportation system and 2016 Republican National Convention activities. Threats confronting the 2016 Republican National Convention assume two primary forms: homeland security threats and violent or disruptive public disorder. Each of the locations described above are directly adjacent to Lake Erie or the Cuyahoga River and therefore make them vulnerable to waterborne threats. Considerable law enforcement presence on land may render maritime approaches a viable alternative. The City of Cleveland has critical infrastructure in its port area, which is proximate to the downtown area and the Convention's main venues. The Port of Cleveland is an industrial-based port, with significant storage and shipment of hazardous materials. Therefore, with regard to homeland security threats, the 2016 Republican National Convention presents an attractive target for terrorist and extremist organizations. The Department of Homeland Security Small Vessel Security Strategy sets forth several threat scenarios that must be mitigated in the maritime security planning for the 2016 Republican Convention. These threats include the potential use of a small vessel to: (1) Deliver a weapon of mass destruction; (2) launch a stand-off attack weapon; or (3) deliver an armed assault force. The 2016 Republican National Convention maritime security planning anticipates these threats, while minimizing the public impact of security operations. The security zones, safety zones, and accompanying security measures have been specifically developed to mitigate the risk of threats and vulnerabilities identified in the analysis discussed above. These measures have been limited to the minimum necessary to mitigate risks associated with the identified threats. While the Coast Guard is concerned about any security threats to the areas described above, the Coast Guard is likewise committed to ensuring that individuals who wish to express their opinions on any issue during the 2016 Republican National Convention have the means to do so in a manner that protects them and other vessels operating on Lake Erie and the Cuyahoga River. Therefore, the Coast Guard is also establishing two safety zones located northwest of the Rock and Roll Hall of Fame and Museum and on the Western side of the entrance to the Cuyahoga River, wherein the Coast Guard will allow demonstrators or any individual who wishes to express their views. These areas are being established to allow individuals expressing their views the means to do so in a safe manner to their intended audience without posing an undue risk to maritime safety. After analyzing maritime traffic patterns and other environmental factors, the Coast Guard is requiring that any persons or vessels permitted to operate within the safety zones shall travel at the minimum speed necessary to maintain a safe course. The navigation rules shall apply at all times within the safety zones. V. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss individuals First Amendment rights. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time of year of the security zone and safety zone. Vessel traffic will be able to safely transit around the security zones and safety zone; the zones will impact a small designated area and will be enforced only during the event and event-related activities. The security zones and safety zone will be in a location where commercial vessel traffic is expected to be minimal during enforcement; commercial vessel traffic will be authorized to transit the security zones to the extent compatible with public safety and security. Persons and vessels will be able to operate in the surrounding area adjacent to the security zones and safety zone during [[Page 41813]] the enforcement period, and will be able to enter within the security zones if authorized by the Captain of the Port Buffalo or a designated representative. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zones. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. 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. While some owners or operators of vessels intending to transit the security zone may be small entities, for the reasons stated in section V.A. above, this rule will not have a significant economic impact on any vessel owner or operator. 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. 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. C. 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). D. Federalism and Indian Tribal Governments 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 have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. 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. F. 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 (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 security zones and a safety zone enforced intermittently between July 15, 2016 through July 22, 2016 that will prohibit entry within the waters surrounding the Burke Lakefront Airport, Rock and Roll Hall of Fame, and portions of the Cuyahoga River. 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. G. First Amendment Activities The Coast Guard respects individuals' First Amendment rights. Individuals wishing to exercise First Amendment Rights are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate First Amendment Activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. 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 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for 33 CFR 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.T09-0557 to read as follows: Sec. 165.T09-0557 Security Zones; 2016 Republican National Convention, and Associated Voluntary First Amendment Safety Zones, Lake Erie and Cuyahoga River, Cleveland, OH. (a) Locations (Broken down into 6 zones that will be enforced intermittently). (1) Zone 1: Encompasses all waters of Cleveland Harbor (near the Burke Lakefront Airport) starting shoreline at position 41[deg]31'45'' N., 081[deg]39'20'' W. (just East of Forest City Yacht Club and West of Quay 55); then extending approximately 4,000 feet northwest to position 41[deg]32'23'' N., 081[deg]39'46'' W. (about 900 feet past the east break wall); then extending approximately 1.6 nm southwest to position 41[deg]31'26'' N., 081[deg]41'28'' W.; then extending southwester to the shoreline at position 41[deg]31'07'' N., 081[deg]41'17'' W. (toward the Southwest corner of the Burke Lakefront Airport); then following the shoreline back to the point of origin. [[Page 41814]] (2) Zone 2: Encompasses all waters of Cleveland Harbor (near the Rock and Roll Hall of Fame and Museum) starting shoreline at position 41[deg]31'07'' N., 081[deg]41'17'' W. (near the Southwest corner of the Burke Lakefront Airport); then extending approximately 2,100 feet northwest to position 41[deg]31'26'' N., 081[deg]41'28'' W.; then extending approximately 1 nm southwest to position 41[deg]30'47'' N., 081[deg]42'35'' W. (about 900 feet past the west break wall); then extending to the shoreline at position 41[deg]30'24'' N., 081[deg]42'19'' W. (Southwest of the Rock and Roll Hall of Fame and Museum); then following the shoreline back to the point of origin. (3) Zone 3: Encompasses all waters of Cleveland Harbor (from about 2,000 feet southwest of the Rock and Roll Hall of Fame throughout the Cuyahoga river) starting at 41[deg]30'24'' N., 081[deg]42'19'' W. (Southwest of the Rock and Roll Hall of Fame); then extending approximately 2,600 feet northwest to position 41[deg]30'47'' N., 081[deg]42'35'' W.; then extending approximately 4,000 feet southwest to position 41[deg]30'26'' N., 081[deg]43'17'' W. (about 1,200 feet southwest of Cleveland Harbor West Pierhead Lighthouse); then extending shoreline to position 41[deg]29'59'' N. and 081[deg]43'01'' W. (just east of the eastern entrance to the Whiskey Island Marina), then following the west bank up the Cuyahoga River, not including the Old River, to position 41[deg]29'40'' N., 081[deg]41'55'' W. and extending in a straight line across the river to 41[deg]29'38'' N. and 081[deg]41'53'' W. (the West side of Carter Road Bridge); then following the east bank of the Cuyahoga River and shoreline back to the point of origin. (4) Zone 4: Encompasses all waters of the Cuyahoga River (near collision bend) starting near the Carter Road Bridge at position 41[deg]29'40'' N., 081[deg]41'55'' W. then extending in a straight line across the river to position 41[deg]29'38'' N., 081[deg]41'53'' W.; then continuing along the shoreline of the river to a point just east of the George V. Voinovich Bridge at position 41[deg]29'11'' N., 081[deg]41'23'' W.; then extending in a straight line across the river to 41[deg]29'09'' N., 081[deg]41'23'' W.; then following the shoreline back to the point of origin. (5) Zone 5: Voluntary First Amendment Safety Zone: Encompasses all waters of Lake Erie, Cleveland Harbor; Cleveland, OH (in the west basin) starting at position 41[deg]30'30'' N., 081[deg]42'27'' W.; then extending approximately 650 feet northwest to position 41[deg]30'36'' N., 081[deg]42'31'' W.; then extending approximately 1,200 feet southwest to position 41[deg]30'29'' N., 081[deg]42'44'' W.; then extending to approximately 650 feet to position 41[deg]30'23'' N. and 081[deg]42'40'' W.; then following a straight line back to the point of origin. (6) Zone 6: Voluntary First Amendment Safety Zone: Encompasses all waters of Lake Erie, Cleveland Harbor; Cleveland, OH (near Whiskey Island Marina) starting at position 41[deg]30'06'' N., 081[deg]43'14'' W.; then extending approximately 600 feet northwest to position 41[deg]30'11'' N., 081[deg]43'17'' W.; then extending approximately 1,200 feet southwest to position 41[deg]30'04'' N., 081[deg]43'30'' W.; then extending to position 41[deg]29'59'' N. and 081[deg]43'26'' W.; then following back to the point of origin. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port (COTP) Buffalo. (c) Regulations. (1) Under the general security zone regulations in Sec. 165.33 of this part, you may not enter the security zone described in paragraph (a) of this section unless authorized by the COTP or the COTP's designated representative. (2) To seek permission to enter the security zones, contact the COTP Buffalo or the COTP's representative. Those in the security zone must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative. Entrance into the safety zones, zones 5-6, do not require notification to the COTP or the COTP's designated representative; however persons or vessels operating within the safety zones shall travel at the minimum speed necessary to maintain a safe course. Under the general safety zone regulations in Sec. 165.23(d) of this part, each person in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative. Vessels wishing to enter the safety zones will not be allowed to cross an active security zone and should make alternative arrangements if necessary. (d) Enforcement Period. Zones 1-4 will be enforced intermittently from 8 a.m. July 15, 2016 through 11:59 p.m. July 22, 2016. Zone 5 will be enforced from 2 p.m. through 11:59 p.m. on July 17, 2016. Zone 6 will be enforced from 9 a.m. on July 17, 2016 through 8 p.m. on July 21, 2016. Public notice of enforcement periods will be made via Broadcast Notice to Mariners over VHF channel 16. Dated: June 22, 2016. B.W. Roche, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2016-15240 Filed 6-27-16; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations 41811
action is necessary to ensure safety of be enforced for the full duration stated available in the docket, go to http://
life on navigable waters during this in this notice, a Broadcast Notice to www.regulations.gov, type USCG–2016–
event. Our regulation for Recurring Mariners may be used to grant general 0557 in the ‘‘SEARCH’’ box and click
Marine Events within the Fifth Coast permission to enter the regulated area. ‘‘SEARCH.’’ Click on Open Docket
Guard District identifies the regulated This notice of enforcement is issued Folder on the line associated with this
area for this fireworks display event. under authority of 33 CFR 165.506 (d) rule.
During the enforcement period, no and 5 U.S.C. 552 (a). In addition to this FOR FURTHER INFORMATION CONTACT: If
person or vessel may enter, transit notice of enforcement in the Federal you have questions on this rule, call or
through, anchor in, or remain within the Register, the Coast Guard will provide email LT Michael Collet, Chief of
regulated area without approval from notification of this enforcement period Waterways Management, Sector Buffalo,
the Captain of the Port or a designated via the Local Notice to Mariners and U.S. Coast Guard; telephone 716–843–
representative. marine information broadcasts. 9322, email D09-SMB-SECBuffalo-
DATES: The regulations in 33 CFR Dated: June 15, 2016. WWM@uscg.mil.
165.506, listed as event (b)10, Michael W. Batchelder, SUPPLEMENTARY INFORMATION:
Chesapeake Bay, Chesapeake Beach,
Commander, U.S. Coast Guard, Acting I. Table of Abbreviations
MD; Safety Zone, in the Table to 33 CFR Captain of the Port Maryland-National
165.506 will be enforced from 8:30 p.m. Capital Region. CFR Code of Federal Regulations
to 10:30 p.m. on July 1, 2016; and in the [FR Doc. 2016–15330 Filed 6–27–16; 8:45 am] DHS Department of Homeland Security
case of inclement weather enforcement FR Federal Register
BILLING CODE 9110–04–P
will be from 8:30 p.m. to 10:30 p.m. on Pub. L. Public Law
July 3, 2016. NPRM Notice of Proposed Rulemaking
§ Section
FOR FURTHER INFORMATION CONTACT: If DEPARTMENT OF HOMELAND U.S.C. United States Code
you have questions about this notice of SECURITY
enforcement, call or email Mr. Ron II. Background Information and
Houck, U.S. Coast Guard Sector Coast Guard Regulatory History
Maryland-National Capital Region The Coast Guard is issuing this
(WWM Division); telephone 410–576– 33 CFR Part 165 temporary rule without prior notice and
2674, email Ronald.L.Houck@uscg.mil. [Docket Number USCG–2016–0557] opportunity to comment pursuant to
SUPPLEMENTARY INFORMATION: On June 4, authority under section 4(a) of the
2016, the Coast Guard was notified by RIN 1625–AA87; 1625–AA00
Administrative Procedure Act (APA) (5
the event sponsor that the date of this Security Zones; 2016 Republican U.S.C. 553(b)). This provision
annual fireworks display was National Convention, and Associated authorizes an agency to issue a rule
rescheduled to accommodate the Voluntary First Amendment Safety without prior notice and opportunity to
weekend dates of the Independence Day Zones, Lake Erie and Cuyahoga River, comment when the agency for good
Holiday for 2016. The time of the Cleveland, OH cause finds that those procedures are
annual fireworks display remains ‘‘impracticable, unnecessary, or contrary
unchanged. The Coast Guard will AGENCY: Coast Guard, DHS. to the public interest.’’ Under 5 U.S.C.
enforce the safety zone in 33 CFR ACTION: Temporary final rule. 553(b)(B), the Coast Guard finds that
165.506 from 8:30 p.m. until 10:30 p.m. good cause exists for not publishing a
on July 1, 2016, for the Town of SUMMARY: The Coast Guard is
establishing temporary security zones notice of proposed rulemaking (NPRM)
Chesapeake Beach, MD fireworks with respect to this rule due to it being
display. This action is being taken to and safety zones for navigable waters
within the Cleveland Harbor during the impracticable and contrary to the public
provide for the safety of life on interest. Due to the sensitive security
navigable waterways during this event. 2016 Republican National Convention.
The Republican National Convention issues related to the Republican
Our regulation for Recurring Marine National Convention, providing a public
Events within the Fifth Coast Guard and related activities will be held at
Quicken Loans Arena and other venues notice and comment period would be
District, § 165.506, specifies the location contrary to the security zone’s intended
of the regulated area for this safety zone from July 17, 2016 through July 22,
2016. The Department of Homeland objective of protecting VIPs and the
as two circular shaped areas that public, because we cannot share the
include all waters of the Chesapeake Security has designated the 2016
Republican National Convention as a sensitive security information details
Bay, within a 150 yard radius of the prior to the rule being published.
fireworks barge at latitude 38°41′36″ N., National Special Security Event (NSSE).
The security zones are necessary to Under 5 U.S.C. 553(d)(3), the Coast
longitude 076°31′30″ W. and a 150 yard Guard finds that good cause exists for
radius of the fireworks barge at latitude protect convention delegates, official
parties, dignitaries, the public and making this rule effective less than 30
38°41′28″ N., longitude 076°31′29″ W., days after publication in the Federal
located near Chesapeake Beach, surrounding waterways from terrorist
acts, sabotage or other subversive acts, Register. Any delay encountered in this
Maryland. As specified in § 165.506(d), temporary rule’s effective date would be
during the enforcement period, no accidents, or other causes of a similar
nature. Entry of vessels or persons into contrary to the public interest given the
vessel may not enter, remain in, or need to ensure the safety and security of
transit through the safety zone without this zone is prohibited unless
specifically authorized by the Captain of the event and participating members
asabaliauskas on DSK3SPTVN1PROD with RULES
approval from the Captain of the Port during the Republican National
(COTP) or a COTP designated the Port Buffalo or a designated
representative. Convention from July 15, 2016 through
representative. The Coast Guard may be July 22, 2016.
assisted by other Federal, state or local DATES: This rule is effective from 8 a.m.
law enforcement agencies in enforcing July 15, 2016 through 11:59 p.m. July III. Legal Authority and Need for Rule
this regulation. If the COTP or his 22, 2016. The Coast Guard is issuing this rule
designated on-scene Patrol Commander ADDRESSES: To view documents under authority in 33 U.S.C. 1231. The
determines the regulated area need not mentioned in this preamble as being Captain of the Port Buffalo has
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(2) Zone 2: Encompasses all waters of approximately 650 feet to position Dated: June 22, 2016.
Cleveland Harbor (near the Rock and 41°30′23″ N. and 081°42′40″ W.; then B.W. Roche,
Roll Hall of Fame and Museum) starting following a straight line back to the Captain, U.S. Coast Guard, Captain of the
shoreline at position 41°31′07″ N., point of origin. Port Buffalo.
081°41′17″ W. (near the Southwest (6) Zone 6: Voluntary First [FR Doc. 2016–15240 Filed 6–27–16; 8:45 am]
corner of the Burke Lakefront Airport); Amendment Safety Zone: Encompasses BILLING CODE 9110–04–P
then extending approximately 2,100 feet all waters of Lake Erie, Cleveland
northwest to position 41°31′26″ N., Harbor; Cleveland, OH (near Whiskey
081°41′28″ W.; then extending Island Marina) starting at position DEPARTMENT OF HOMELAND
approximately 1 nm southwest to 41°30′06″ N., 081°43′14″ W.; then SECURITY
position 41°30′47″ N., 081°42′35″ W. extending approximately 600 feet
(about 900 feet past the west break northwest to position 41°30′11″ N., Coast Guard
wall); then extending to the shoreline at 081°43′17″ W.; then extending
position 41°30′24″ N., 081°42′19″ W. approximately 1,200 feet southwest to 33 CFR Part 165
(Southwest of the Rock and Roll Hall of position 41°30′04″ N., 081°43′30″ W.; [Docket No. USCG–2016–0518]
Fame and Museum); then following the then extending to position 41°29′59″ N.
shoreline back to the point of origin. and 081°43′26″ W.; then following back Special Local Regulations; Marine
(3) Zone 3: Encompasses all waters of to the point of origin. Events Held in the Sector Delaware
Cleveland Harbor (from about 2,000 feet (b) Definitions. As used in this Bay Captain of the Port Zone
southwest of the Rock and Roll Hall of section, designated representative
Fame throughout the Cuyahoga river) means a Coast Guard Patrol AGENCY: Coast Guard, DHS.
starting at 41°30′24″ N., 081°42′19″ W. Commander, including a Coast Guard ACTION: Notice of enforcement of
(Southwest of the Rock and Roll Hall of coxswain, petty officer, or other officer regulation.
Fame); then extending approximately operating a Coast Guard vessel and a
2,600 feet northwest to position SUMMARY: The Coast Guard will enforce
Federal, State, and local officer the safety zone in the Delaware River,
41°30′47″ N., 081°42′35″ W.; then designated by or assisting the Captain of
extending approximately 4,000 feet near Philadelphia, Pennsylvania, for
the Port (COTP) Buffalo. annual fireworks displays in the Captain
southwest to position 41°30′26″ N.,
(c) Regulations. (1) Under the general of the Port Delaware Bay zone at
081°43′17″ W. (about 1,200 feet
security zone regulations in § 165.33 of specified times from June 15, 2016
southwest of Cleveland Harbor West
this part, you may not enter the security through July 4, 2016. Enforcement of
Pierhead Lighthouse); then extending
zone described in paragraph (a) of this this zone is necessary and intended to
shoreline to position 41°29′59″ N. and
section unless authorized by the COTP ensure safety of life on the navigable
081°43′01″ W. (just east of the eastern
or the COTP’s designated representative. waters immediately prior to, during, and
entrance to the Whiskey Island Marina),
then following the west bank up the (2) To seek permission to enter the immediately after these fireworks
Cuyahoga River, not including the Old security zones, contact the COTP events. During the enforcement period,
River, to position 41°29′40″ N., Buffalo or the COTP’s representative. no vessel may transit this regulated area
081°41′55″ W. and extending in a Those in the security zone must comply without approval from the Captain of
straight line across the river to 41°29′38″ with all lawful orders or directions the Port (COTP) or a designated
N. and 081°41′53″ W. (the West side of given to them by the COTP or the representative.
Carter Road Bridge); then following the COTP’s designated representative.
Entrance into the safety zones, zones 5– DATES: The regulation in 33 CFR
east bank of the Cuyahoga River and 165.506 will be enforced for the safety
shoreline back to the point of origin. 6, do not require notification to the
COTP or the COTP’s designated zone listed in Section (a), Line (16) of
(4) Zone 4: Encompasses all waters of the Table in § 165.506 from 8 p.m. until
the Cuyahoga River (near collision representative; however persons or
vessels operating within the safety 10 p.m. on July 1, 2016, through July 4,
bend) starting near the Carter Road 2016.
Bridge at position 41°29′40″ N., zones shall travel at the minimum speed
081°41′55″ W. then extending in a necessary to maintain a safe course. FOR FURTHER INFORMATION CONTACT: If
straight line across the river to position Under the general safety zone you have questions about this notice of
41°29′38″ N., 081°41′53″ W.; then regulations in § 165.23(d) of this part, enforcement, call or email LT Brennan
continuing along the shoreline of the each person in the safety zone must Dougherty, Sector Delaware Bay
river to a point just east of the George comply with all lawful orders or Waterways Management Division, U.S.
V. Voinovich Bridge at position directions given to them by the COTP or Coast Guard; telephone 215–271–4851,
41°29′11″ N., 081°41′23″ W.; then the COTP’s designated representative. email Brennan.P.Dougherty@uscg.mil.
extending in a straight line across the Vessels wishing to enter the safety zones SUPPLEMENTARY INFORMATION: The Coast
river to 41°29′09″ N., 081°41′23″ W.; will not be allowed to cross an active Guard will enforce the safety zone for
then following the shoreline back to the security zone and should make fireworks in the Delaware River in
point of origin. alternative arrangements if necessary. Philadelphia, PA listed in 33 CFR
(5) Zone 5: Voluntary First (d) Enforcement Period. Zones 1–4 165.506, in Section (a), Line (16) of the
Amendment Safety Zone: Encompasses will be enforced intermittently from 8 Table from 8 p.m. until 10 p.m. on June
all waters of Lake Erie, Cleveland a.m. July 15, 2016 through 11:59 p.m. 15, 2016, and July 1, 2016, through July
asabaliauskas on DSK3SPTVN1PROD with RULES
Harbor; Cleveland, OH (in the west July 22, 2016. Zone 5 will be enforced 4, 2016. This action is being taken to
basin) starting at position 41°30′30″ N., from 2 p.m. through 11:59 p.m. on July provide for the safety of life on
081°42′27″ W.; then extending 17, 2016. Zone 6 will be enforced from navigable waterways during the
approximately 650 feet northwest to 9 a.m. on July 17, 2016 through 8 p.m. fireworks display. Our regulation for
position 41°30′36″ N., 081°42′31″ W.; on July 21, 2016. Public notice of Recurring Marine Events in Captain of
then extending approximately 1,200 feet enforcement periods will be made via the Port Delaware Bay Zone, § 165.506,
southwest to position 41°30′29″ N., Broadcast Notice to Mariners over VHF specifies the location of the regulated
081°42′44″ W.; then extending to channel 16. area for this safety zone as all waters of
VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1](https://thefederalregister.org/doc/81_FR_41935/page/4.svg)
Document Created: 2016-06-28 00:53:37
Document Modified: 2016-06-28 00:53:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 8 a.m. July 15, 2016 through 11:59 p.m. July 22, 2016. | |
| Contact | If you have questions on this rule, call or email LT Michael Collet, Chief of Waterways Management, Sector Buffalo, U.S. Coast Guard; telephone 716-843-9322, email D09-SMB- [email protected] | |
| FR Citation | 81 FR 41811 | |
| RIN Number | 1625-AA87 and 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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