82 FR 28288 - Safety Zone; Cleveland Dragon Boat Festival, Lake Erie, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 118 (June 21, 2017)

Page Range		28288-28290
FR Document		2017-12918
The Coast Guard proposes to establish a temporary safety zone on Lake Erie, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of the Cleveland Inner Harbor on Lake Erie during the Cleveland Dragon Boat Festival on August 12, 2017. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Buffalo or a designated representative. We invite your comments on this proposed rulemaking.
Federal Register, Volume 82 Issue 118 (Wednesday, June 21, 2017)
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Proposed Rules]
[Pages 28288-28290]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12918]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0200]
RIN 1625-AA00


Safety Zone; Cleveland Dragon Boat Festival, Lake Erie, 
Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on Lake Erie, Cleveland, OH. This safety zone is intended to restrict 
vessels from a portion of the Cleveland Inner Harbor on Lake Erie 
during the Cleveland Dragon Boat Festival on August 12, 2017. This 
proposed rulemaking would prohibit persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port Buffalo or 
a designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 11, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0200 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Ryan Junod, Marine Safety Unit 
Cleveland, U.S. Coast Guard; telephone 216-937-0124, 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, Purpose, and Legal Basis

    On February 22, 2017, the Cleveland Dragon Boat Association 
notified the Coast Guard that it will be holding the Cleveland Dragon 
Boat Festival from 8 a.m. through 3 p.m. on August 12, 2017. The dragon 
boat races are to take place in Lake Erie, off of Wendy Park located on 
Whiskey Island, Cleveland, OH. The course will consist of 3 racing 
lanes of 400 meters in length that run parallel to the shoreline. The 
Captain of the Port Buffalo (COTP) has determined that a boating race 
event on a navigable waterway will pose a significant risk to 
participants and the boating public.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the race course during heats of the 
scheduled event. Vessel traffic will be allowed to pass through the 
safety zone between heats. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8 a.m. through 3 
p.m. on August 12, 2017, that would be effective and enforced 
intermittently. The safety zone would cover all navigable waters of 
Lake Erie, off of Whiskey Island, Cleveland, OH inside an area starting 
on shore at position 41[deg]29'57'' N., 081[deg]43'00'' W., extending 
in a straight line to the break wall at position 41[deg]30'12'' N., 
081[deg]43'14'' W.,

[[Page 28289]]

then along the break wall to position 41[deg]30'23'' N., 
081[deg]42'56'' W., and back to the shore at position 41[deg]30'05'' 
N., 081[deg]42'39'' W. (NAD 83). The duration of the zone is intended 
to ensure the safety of spectators and vessels during the scheduled 8 
a.m. through 3 p.m. racing event. No vessel or person will be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative. 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.

IV. Regulatory Analyses

    We developed this proposed 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 Order's, and 
we discuss First Amendment rights of protestors.

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. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    This NPRM has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    As this rule is not a significant regulatory action, this proposed 
rule is exempt from the requirements of Executive Order 13771. See 
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of 
the Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    We conclude that this proposed rule is not a significant regulatory 
action because we anticipate that it will have minimal impact on the 
economy, will not interfere with other agencies, will not adversely 
alter the budget of any grant or loan recipients, and will not raise 
any novel legal or policy issues. The safety zone created by this rule 
will be relatively small and enforced for a relatively short time. 
Also, the safety zone is designed to minimize its impact on navigable 
waters. Furthermore, the safety zone has been designed to allow vessels 
to transit around it. Thus, restrictions on vessel movement within that 
particular area are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

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 
proposed rule would 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 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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 proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland

[[Page 28290]]

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 made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a safety 
zone lasting 7 hours that would prohibit entry within the zone during 
heats. Normally such actions are categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated in the ADDRESSES section of this preamble. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.T09-0200 to read as follows:


Sec.  165.T09-0200  Safety Zone; Cleveland Dragon Boat Festival; Lake 
Erie, Cleveland, OH.

    (a) This zone will encompass all waters of Lake Erie, off of 
Whiskey Island, Cleveland, OH inside an area starting on shore at 
position 41[deg]29'57'' N., 081[deg]43'00'' W., extending in a straight 
line to the break wall at position 41[deg]30'12'' N., 081[deg]43'14'' 
W., then along the break wall to position 41[deg]30'23'' N., 
081[deg]42'56'' W., and back to the shore at position 41[deg]30'05'' 
N., 081[deg]42'39'' W. (NAD 83).
    (b) Enforcement Period. This regulation will be enforced from 8 
a.m. through 3 p.m. on August 12, 2017.
    (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: June 14, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-12918 Filed 6-20-17; 8:45 am]
 BILLING CODE 9110-04-P
28288 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules

approved by the manufacturer and its engineer or architect of record. The DATES: Comments and related material
DAPIA. Such Foundation designs are to minimum requirement is 90% must be received by the Coast Guard on
comply with the provisions of the ASCE compaction per 24 CFR 3285.201 or before July 11, 2017.
32 Standard or with accepted although the engineer or architect of ADDRESSES: You may submit comments
engineering practice that will result in record or LAHJ may require a higher identified by docket number USCG–
comparable performance to the frost compaction level based on the fill 2017–0200 using the Federal
protection afforded by the ASCE 32 material used. eRulemaking Portal at http://
Standard. • Construct the alternative foundation www.regulations.gov. See the ‘‘Public
Æ Save documentation of all of the system in accordance with the Participation and Request for
above and provide to the LAHJ for manufacturer’s installation instructions Comments’’ portion of the
verification as required. or according to the manufacturer and SUPPLEMENTARY INFORMATION section for
• For designs that rely on well- DAPIA approved installation further instructions on submitting
drained sites and use of fill materials to instructions and plans. comments.
frost depth that are non-frost • Backfill as needed and grade the FOR FURTHER INFORMATION CONTACT: If
susceptible, verify the following before site as required for drainage:
initiating installation: you have questions about this proposed
Æ Slope grade a minimum of 1⁄2-inch rulemaking, call or email LT Ryan
Æ The slab base and foundation fill per foot for a minimum distance of 10
materials are specified by the engineer Junod, Marine Safety Unit Cleveland,
feet away from the home perimeter. U.S. Coast Guard; telephone 216–937–
or architect of record as non-frost
Note: The above procedures also apply to 0124, email ryan.s.junod@uscg.mil.
susceptible such as clean gravel or designs where a monolithic slab is not used
crushed rock or other suitable material SUPPLEMENTARY INFORMATION:
and pier footing pads are placed directly on
with no more than 6% fines by mass non-frost-susceptible soils or fill materials I. Table of Abbreviations
passing a #200 sieve per ASTM D442 (e.g., clean gravel or crushed rock) to the
test method. Non-frost susceptible CFR Code of Federal Regulations
determined frost depth.
DHS Department of Homeland Security
subgrade materials are to be filled from This Interpretative Bulletin is issued FR Federal Register
the frost depth to the slab base for the pursuant to 24 CFR 3285.2 and NPRM Notice of proposed rulemaking
entire extent of the slab plus any over 3285.312(b) of HUD’s Model Pub. L. Public Law
dig. Manufactured Home Installation § Section
Æ The water table condition of the U.S.C. United States Code
Standards.
site has been assessed by the engineer
Dated: June 15, 2017. II. Background, Purpose, and Legal
or architect of record and
Genger Charles,
Basis
documentation provided of the water
table being at least two feet below the General Deputy Assistant Secretary for On February 22, 2017, the Cleveland
determined frost depth. Alternatively, Housing. Dragon Boat Association notified the
this determination can be made using [FR Doc. 2017–12964 Filed 6–20–17; 8:45 am] Coast Guard that it will be holding the
soil borings as described above. BILLING CODE 4210–67–P
Cleveland Dragon Boat Festival from 8
➢ If the water table is higher than two a.m. through 3 p.m. on August 12, 2017.
feet below the determined frost depth, a The dragon boat races are to take place
network of drainage pipe sloped to in Lake Erie, off of Wendy Park located
drain to daylight or an engineered DEPARTMENT OF HOMELAND on Whiskey Island, Cleveland, OH. The
drainage system should be placed at the SECURITY course will consist of 3 racing lanes of
base of non-frost-susceptible fill (e.g., 400 meters in length that run parallel to
Coast Guard the shoreline. The Captain of the Port
clean gravel or crush rock) placed to a
depth equal to the local frost depth. Buffalo (COTP) has determined that a
Æ Save documentation of all of the 33 CFR Part 165 boating race event on a navigable
above and provide to the LAHJ for waterway will pose a significant risk to
[Docket Number USCG–2017–0200]
verification as required. participants and the boating public.
Installation Phase: The purpose of this rulemaking is to
RIN 1625–AA00
• Excavate area under foundation or ensure the safety of vessels and the
slab to frost depth or only to the bottom Safety Zone; Cleveland Dragon Boat navigable waters within the race course
of the non-frost-susceptible base layer if Festival, Lake Erie, Cleveland, OH during heats of the scheduled event.
existing soils have been determined to Vessel traffic will be allowed to pass
be non-frost susceptible down to frost AGENCY: Coast Guard, DHS. through the safety zone between heats.
depth during the pre-installation ACTION: Notice of proposed rulemaking. The Coast Guard proposes this
preparation phase (see above). rulemaking under authority in 33 U.S.C.
• Place foundation drains sloped to SUMMARY: The Coast Guard proposes to 1231.
drain to daylight or an engineered establish a temporary safety zone on
drainage system at the bottom of the Lake Erie, Cleveland, OH. This safety III. Discussion of Proposed Rule
non-frost-susceptible base or fill zone is intended to restrict vessels from The COTP proposes to establish a
material layer. a portion of the Cleveland Inner Harbor safety zone from 8 a.m. through 3 p.m.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

• Place the non-frost-susceptible fill on Lake Erie during the Cleveland on August 12, 2017, that would be
and base materials, compacting as Dragon Boat Festival on August 12, effective and enforced intermittently.
required by the manufacturer’s 2017. This proposed rulemaking would The safety zone would cover all
installation instructions and/or the prohibit persons and vessels from being navigable waters of Lake Erie, off of
engineer or architect of record. Do not in the safety zone unless authorized by Whiskey Island, Cleveland, OH inside
initiate fill placement where the Captain of the Port Buffalo or a an area starting on shore at position
compaction requirements and methods designated representative. We invite 41°29′57″ N., 081°43′00″ W., extending
are not specified. Obtain compaction your comments on this proposed in a straight line to the break wall at
requirements, as needed, from the rulemaking. position 41°30′12″ N., 081°43′14″ W.,

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Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules 28289

then along the break wall to position not adversely alter the budget of any Ombudsman evaluates these actions
41°30′23″ N., 081°42′56″ W., and back to grant or loan recipients, and will not annually and rates each agency’s
the shore at position 41°30′05″ N., raise any novel legal or policy issues. responsiveness to small business. If you
081°42′39″ W. (NAD 83). The duration The safety zone created by this rule will wish to comment on actions by
of the zone is intended to ensure the be relatively small and enforced for a employees of the Coast Guard, call 1–
safety of spectators and vessels during relatively short time. Also, the safety 888–REG–FAIR (1–888–734–3247). The
the scheduled 8 a.m. through 3 p.m. zone is designed to minimize its impact Coast Guard will not retaliate against
racing event. No vessel or person will be on navigable waters. Furthermore, the small entities that question or complain
permitted to enter the safety zone safety zone has been designed to allow about this proposed rule or any policy
without obtaining permission from the vessels to transit around it. Thus, or action of the Coast Guard.
COTP or a designated representative. restrictions on vessel movement within
Entry into, transiting, or anchoring that particular area are expected to be C. Collection of Information
within the safety zone is prohibited minimal. Under certain conditions, This proposed rule would not call for
unless authorized by the Captain of the moreover, vessels may still transit a new collection of information under
Port Buffalo or his designated on-scene through the safety zone when permitted the Paperwork Reduction Act of 1995
representative. The Captain of the Port by the Captain of the Port. (44 U.S.C. 3501–3520).
or his designated on-scene
B. Impact on Small Entities D. Federalism and Indian Tribal
representative may be contacted via
The Regulatory Flexibility Act of Governments
VHF Channel 16.
1980, 5 U.S.C. 601–612, as amended, A rule has implications for federalism
IV. Regulatory Analyses requires Federal agencies to consider under Executive Order 13132,
We developed this proposed rule after the potential impact of regulations on Federalism, if it has a substantial direct
considering numerous statutes and small entities during rulemaking. The effect on the States, on the relationship
executive orders related to rulemaking. term ‘‘small entities’’ comprises small between the national government and
Below we summarize our analyses businesses, not-for-profit organizations the States, or on the distribution of
based on a number of these statutes and that are independently owned and power and responsibilities among the
Executive Order’s, and we discuss First operated and are not dominant in their various levels of government. We have
Amendment rights of protestors. fields, and governmental jurisdictions analyzed this proposed rule under that
with populations of less than 50,000. Order and have determined that it is
A. Regulatory Planning and Review The Coast Guard certifies under 5 U.S.C. consistent with the fundamental
Executive Orders 12866 and 13563 605(b) that this proposed rule would not federalism principles and preemption
direct agencies to assess the costs and have a significant economic impact on requirements described in Executive
benefits of available regulatory a substantial number of small entities. Order 13132.
alternatives and, if regulation is While some owners or operators of Also, this proposed rule does not have
necessary, to select regulatory vessels intending to transit the safety tribal implications under Executive
approaches that maximize net benefits. zone may be small entities, for the Order 13175, Consultation and
Executive Order 13563 emphasizes the reasons stated in section IV.A above this Coordination with Indian Tribal
importance of quantifying both costs proposed rule would not have a Governments, because it would not have
and benefits, of reducing costs, of significant economic impact on any a substantial direct effect on one or
harmonizing rules, and of promoting vessel owner or operator. more Indian tribes, on the relationship
flexibility. Executive Order 13771 If you think that your business, between the Federal Government and
(‘‘Reducing Regulation and Controlling organization, or governmental Indian tribes, or on the distribution of
Regulatory Costs’’), directs agencies to jurisdiction qualifies as a small entity power and responsibilities between the
reduce regulation and control regulatory and that this rule would have a Federal Government and Indian tribes.
costs and provides that ‘‘for every one significant economic impact on it, If you believe this proposed rule has
new regulation issued, at least two prior please submit a comment (see implications for federalism or Indian
regulations be identified for elimination, ADDRESSES) explaining why you think it tribes, please contact the person listed
and that the cost of planned regulations qualifies and how and to what degree in the FOR FURTHER INFORMATION
be prudently managed and controlled this rule would economically affect it. CONTACT section above.
through a budgeting process.’’ Under section 213(a) of the Small
This NPRM has not been designated Business Regulatory Enforcement E. Unfunded Mandates Reform Act
a ‘‘significant regulatory action,’’ under Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act
Executive Order 12866. Accordingly, we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires
the NPRM has not been reviewed by the understanding this proposed rule. If the Federal agencies to assess the effects of
Office of Management and Budget. rule would affect your small business, their discretionary regulatory actions. In
As this rule is not a significant organization, or governmental particular, the Act addresses actions
regulatory action, this proposed rule is jurisdiction and you have questions that may result in the expenditure by a
exempt from the requirements of concerning its provisions or options for State, local, or tribal government, in the
Executive Order 13771. See OMB’s compliance, please contact the person aggregate, or by the private sector of
Memorandum titled ‘‘Interim Guidance listed in the FOR FURTHER INFORMATION
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

$100,000,000 (adjusted for inflation) or
Implementing Section 2 of the Executive CONTACT section. more in any one year. Though this
Order of January 30, 2017 titled Small businesses may send comments proposed rule would not result in such
‘Reducing Regulation and Controlling on the actions of Federal employees an expenditure, we do discuss the
Regulatory Costs’ ’’ (February 2, 2017). who enforce, or otherwise determine effects of this rule elsewhere in this
We conclude that this proposed rule compliance with, Federal regulations to preamble.
is not a significant regulatory action the Small Business and Agriculture
because we anticipate that it will have Regulatory Enforcement Ombudsman F. Environment
minimal impact on the economy, will and the Regional Small Business We have analyzed this proposed rule
not interfere with other agencies, will Regulatory Fairness Boards. The under Department of Homeland

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Document Created: 2018-11-14 10:08:37
Document Modified: 2018-11-14 10:08:37
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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before July 11, 2017.
Contact		If you have questions about this proposed rulemaking, call or email LT Ryan Junod, Marine Safety Unit Cleveland, U.S. Coast Guard; telephone 216-937-0124, email [email protected]
FR Citation		82 FR 28288
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Record Keeping Requirements; Security Measures and Waterways
82 FR 28288 - Safety Zone; Cleveland Dragon Boat Festival, Lake Erie, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 118 (June 21, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
