81 FR 45972 - Safety Zone; Lake Erie Open Water Classic; Lake Erie, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 136 (July 15, 2016)

Page Range		45972-45973
FR Document		2016-16799

The Coast Guard is establishing a temporary safety zone on Lake Erie, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Lake Erie Open Water Classic open water swim on July 16, 2016. This temporary safety zone is necessary to protect swimmers from vessels operating in the area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

Federal Register, Volume 81 Issue 136 (Friday, July 15, 2016)

[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Rules and Regulations]
[Pages 45972-45973]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16799]



[[Page 45972]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0624]
RIN 1625-AA00


Safety Zone; Lake Erie Open Water Classic; Lake Erie, Cleveland, 
OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie, Cleveland, OH. This safety zone is intended to restrict 
vessels from a portion of Lake Erie during the Lake Erie Open Water 
Classic open water swim on July 16, 2016. This temporary safety zone is 
necessary to protect swimmers from vessels operating in the area. Entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Buffalo.

DATES: This rule is effective from 5:45 a.m. until 11:15 a.m. on July 
16, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0624 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 about this 
proposed rulemaking, call or email LT Stephanie Pitts, Chief of 
Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; 
telephone 216-937-0128, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
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 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 the presence of swimmers in 
open water.
    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 contrary to the public interest given the need to ensure the 
safety and security of the event and participants.

III. Legal Authority and Need for Rule

    The Coast Guard issues this rule under authority in 33 U.S.C. 1231. 
On July 16, 2016, between 5:45 a.m. and 11:15 a.m., a large scale 
swimming event will take place on Lake Erie in Cleveland, OH. The 
Captain of the Port Buffalo (COTP) has determined that a large scale 
swimming event on a navigable waterway will pose a significant risk to 
participants and the boating public. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the Open Water Classic is happening.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5:45 a.m. to 11:15 a.m. on 
July 16, 2016. The safety zone will encompass all waters of Lake Erie, 
Cleveland, OH south of a line drawn between position 41[deg]29'31'' N., 
081[deg]44'23'' W. and 41[deg]29'24'' N., 081[deg]45'05'' W. (NAD 83) 
to the shore. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. The Captain of the Port or his designated 
representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. 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, vessels may still transit through the safety 
zone when permitted by the Captain of the Port.

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 
safety 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

[[Page 45973]]

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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 a safety zone lasting less than 6 hours that will 
prohibit entry within a small area on Lake Erie. 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. 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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T09-0624 to read as follows:


Sec.  165.T09-0624  Safety Zone; Lake Erie Open Water Classic; Lake 
Erie, Cleveland, OH.

    (a) The safety zone will encompass all waters of Lake Erie, 
Cleveland, OH south of a line drawn between position 41[deg]29'31'' N., 
081[deg]44'23'' W. and 41[deg]29'24'' N., 081[deg]45'05'' W. (NAD 83) 
to the shore.
    (b) Enforcement period. This regulation will be enforced on July 
16, 2016 from 5:45 a.m. until 11:15 a.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: July 11, 2016.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2016-16799 Filed 7-14-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Rules and Regulations 45973

listed in the FOR FURTHER INFORMATION more in any one year. Though this rule § 165.T09–0624 Safety Zone; Lake Erie
CONTACT section. will not result in such an expenditure, Open Water Classic; Lake Erie, Cleveland,
Small businesses may send comments we do discuss the effects of this rule OH.
on the actions of Federal employees elsewhere in this preamble. (a) The safety zone will encompass all
who enforce, or otherwise determine waters of Lake Erie, Cleveland, OH
compliance with, Federal regulations to F. Environment south of a line drawn between position
the Small Business and Agriculture 41°29′31″ N., 081°44′23″ W. and
We have analyzed this rule under
Regulatory Enforcement Ombudsman 41°29′24″ N., 081°45′05″ W. (NAD 83) to
Department of Homeland Security the shore.
and the Regional Small Business
Management Directive 023–01 and (b) Enforcement period. This
Regulatory Fairness Boards. The
Commandant Instruction M16475.lD, regulation will be enforced on July 16,
Ombudsman evaluates these actions
annually and rates each agency’s which guide the Coast Guard in 2016 from 5:45 a.m. until 11:15 a.m.
responsiveness to small business. If you complying with the National (c) Regulations. (1) In accordance with
wish to comment on actions by Environmental Policy Act of 1969 (42 the general regulations in § 165.23 of
employees of the Coast Guard, call 1– U.S.C. 4321–4370f), and have this part, entry into, transiting, or
888–REG–FAIR (1–888–734–3247). The determined that this action is one of a anchoring within this safety zone is
Coast Guard will not retaliate against category of actions that do not prohibited unless authorized by the
small entities that question or complain individually or cumulatively have a Captain of the Port Buffalo or his
about this rule or any policy or action significant effect on the human designated on-scene representative.
of the Coast Guard. environment. This rule involves a safety (2) This safety zone is closed to all
zone lasting less than 6 hours that will vessel traffic, except as may be
C. Collection of Information prohibit entry within a small area on permitted by the Captain of the Port
This rule will not call for a new Lake Erie. It is categorically excluded Buffalo or his designated on-scene
collection of information under the from further review under paragraph representative.
Paperwork Reduction Act of 1995 (44 34(g) of Figure 2–1 of the Commandant (3) The ‘‘on-scene representative’’ of
U.S.C. 3501–3520). Instruction. An environmental analysis the Captain of the Port Buffalo is any
checklist supporting this determination Coast Guard commissioned, warrant or
D. Federalism and Indian Tribal petty officer who has been designated
and a Categorical Exclusion
Governments by the Captain of the Port Buffalo to act
Determination are available in the
A rule has implications for federalism docket where indicated under on his behalf.
under E.O. 13132, Federalism, if it has ADDRESSES. We seek any comments or (4) Vessel operators desiring to enter
a substantial direct effect on the States, information that may lead to the or operate within the safety zone must
on the relationship between the national discovery of a significant environmental contact the Captain of the Port Buffalo
government and the States, or on the impact from this rule. or his on-scene representative to obtain
distribution of power and permission to do so. The Captain of the
responsibilities among the various G. Protest Activities Port Buffalo or his on-scene
levels of government. We have analyzed representative may be contacted via
The Coast Guard respects the First VHF Channel 16. Vessel operators given
this rule under that Order and have
Amendment rights of protesters. permission to enter or operate in the
determined that it is consistent with the
Protesters are asked to contact the safety zone must comply with all
fundamental federalism principles and
person listed in the FOR FURTHER directions given to them by the Captain
preemption requirements described in
INFORMATION CONTACT section to
E.O. 13132. of the Port Buffalo, or his on-scene
Also, this rule does not have tribal coordinate protest activities so that your representative.
implications under E.O. 13175, message can be received without
jeopardizing the safety or security of Dated: July 11, 2016.
Consultation and Coordination with B.W. Roche,
Indian Tribal Governments, because it people, places or vessels.
Captain, U.S. Coast Guard, Captain of the
does not have a substantial direct effect List of Subjects in 33 CFR Part 165 Port Buffalo.
on one or more Indian tribes, on the
[FR Doc. 2016–16799 Filed 7–14–16; 8:45 am]
relationship between the Federal Harbors, Marine safety, Navigation
BILLING CODE 9110–04–P
Government and Indian tribes, or on the (water), Reporting and recordkeeping
distribution of power and requirements, Security measures,
responsibilities between the Federal Waterways.
Government and Indian tribes. If you FEDERAL COMMUNICATIONS
For the reasons discussed in the COMMISSION
believe this rule has implications for
preamble, the Coast Guard amends 33
federalism or Indian tribes, please 47 CFR Part 54
CFR part 165 as follows:
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section [WC Docket Nos. 11–42, 09–197, 10–90; FCC
PART 165—REGULATED NAVIGATION 16–38]
above. AREAS AND LIMITED ACCESS AREAS
E. Unfunded Mandates Reform Act Lifeline and Link Up Reform and
The Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 Modernization, Telecommunications
of 1995 (2 U.S.C. 1531–1538) requires continues to read as follows: Carriers Eligible for Universal Service
Federal agencies to assess the effects of Support, Connect America Fund
rmajette on DSK2TPTVN1PROD with RULES

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
their discretionary regulatory actions. In 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; AGENCY: Federal Communications
particular, the Act addresses actions Department of Homeland Security Delegation Commission.
that may result in the expenditure by a No. 0170.1. ACTION: Final rule; correction.
State, local, or tribal government, in the
aggregate, or by the private sector of ■ 2. Add § 165.T09–0624 to read as SUMMARY:The Federal Communications
$100,000,000 (adjusted for inflation) or follows: Commission (FCC) published a

VerDate Sep<11>2014 15:21 Jul 14, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\15JYR1.SGM 15JYR1

Document Created: 2016-07-15 02:53:15
Document Modified: 2016-07-15 02:53:15

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 5:45 a.m. until 11:15 a.m. on July 16, 2016.
Contact		If you have questions about this proposed rulemaking, call or email LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128, email [email protected]
FR Citation		81 FR 45972
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 45972 - Safety Zone; Lake Erie Open Water Classic; Lake Erie, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 136 (July 15, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard