82_FR_34548 82 FR 34407 - Safety Zones; Head of the Cuyahoga Regatta, Cuyahoga River, Cleveland, OH

82 FR 34407 - Safety Zones; Head of the Cuyahoga Regatta, Cuyahoga River, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 141 (July 25, 2017)

Page Range34407-34408
FR Document2017-15504

The Coast Guard will enforce a safety zone for the Head of the Cuyahoga regatta, on the Cuyahoga River from 6:45 a.m. through 4:15 p.m. on Saturday, September 16, 2017. This action is necessary to provide for the safety of life and property on navigable waters during this event. During the enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo.

Federal Register, Volume 82 Issue 141 (Tuesday, July 25, 2017)
[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Rules and Regulations]
[Pages 34407-34408]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15504]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0501]


Safety Zones; Head of the Cuyahoga Regatta, Cuyahoga River, 
Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the Head of the 
Cuyahoga regatta, on the Cuyahoga River from 6:45 a.m. through 4:15 
p.m. on Saturday, September 16, 2017. This action is necessary to 
provide for the safety of life and property on navigable waters during 
this event. During the enforcement period, no person or vessel may 
enter the respective safety zone without the permission of the Captain 
of the Port Buffalo.

DATES: The regulation in 33 CFR 165.T09-0082 will be enforced from 6:45 
a.m. through 4:15 p.m. on Saturday, September 16, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email LT Ryan Junod, Coast Guard; telephone 216-937-0124, email 
[email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety 
Zone; Cleveland Dragon Boat Festival and Head of the Cuyahoga, Cuyahoga 
River,

[[Page 34408]]

Cleveland, OH listed in 33 CFR 165.T09-0082 for the following event:
    Head of the Cuyahoga, Cuyahoga River, Cleveland, OH; The safety 
zone listed in 33 CFR 165.T09-0082 will be enforced from 6:45 a.m. 
through 4:15 p.m. on September 16, 2017. The safety zone will encompass 
all waters of the Cuyahoga River, Cleveland, OH between a line drawn 
perpendicular to the river banks from position 41[deg]29'55'' N., 
081[deg]42'23'' W. (NAD 83) just past the Detroit-Superior Viaduct 
bridge at MM 1.42 of the Cuyahoga River south to a line drawn 
perpendicular to the river banks at position 41[deg]28'32'' N., 
081[deg]40'16'' W. (NAD 83) just south of the Interstate 490 bridge at 
MM 4.79 of the Cuyahoga River. This action is necessary to provide for 
the safety of life and property on navigable waters during this event. 
Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring within 
these safety zones during an enforcement period is prohibited unless 
authorized by the Captain of the Port Buffalo or his designated 
representative. Those seeking permission to enter one of these safety 
zones may request permission from the Captain of Port Buffalo via 
channel 16, VHF-FM. Vessels and persons granted permission to enter 
this safety zone shall obey the directions of the Captain of the Port 
Buffalo or his designated representative. While within the safety zone, 
all vessels shall operate at the minimum speed necessary to maintain a 
safe course.
    This notice is issued under authority of 33 CFR 165.T09-0082 and 5 
U.S.C. 552(a). In addition to this notice in the Federal Register, the 
Coast Guard will provide the maritime community with advance 
notification of these enforcement periods via Broadcast Notice to 
Mariners and Local Notice to Mariners. If the Captain of the Port 
Buffalo determines that this safety zone need not be enforced for the 
full duration stated in this notice, he or she may use a Broadcast 
Notice to Mariners to grant general permission to enter the respective 
safety zone.

    Dated: July 18, 2017.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-15504 Filed 7-24-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Rules and Regulations                                               34407

                                                    C. Collection of Information                             mile portion of the air show site. It is              Coast Guard commissioned, warrant or
                                                      This rule will not call for a new                      categorically excluded under section                  petty officer or a Federal, State, or local
                                                    collection of information under the                      2.B.2, figure 2–1, paragraph 34(g) of the             law enforcement officer designated by
                                                    Paperwork Reduction Act of 1995 (44                      Instruction. A Record of Environmental                or assisting the Captain of the Port
                                                    U.S.C. 3501–3520).                                       Consideration (REC) supporting this                   Detroit to act on his behalf.
                                                                                                             determination is available in the docket                (4) Vessel operators shall contact the
                                                    D. Federalism and Indian Tribal                          where indicated in the ADDRESSES                      Captain of the Port Detroit or his on-
                                                    Governments                                              section of this preamble.                             scene representative to obtain
                                                       A rule has implications for federalism                                                                      permission to enter or operate within
                                                                                                             G. Protest Activities
                                                    under Executive Order 13132,                                                                                   the safety zone. The Captain of the Port
                                                    Federalism, if it has a substantial direct                 The Coast Guard respects the First                  Detroit or his on-scene representative
                                                    effect on the States, on the relationship                Amendment rights of protesters.                       may be contacted via VHF Channel 16
                                                    between the national government and                      Protesters are asked to contact the                   or at 313–568–9464. Vessel operators
                                                    the States, or on the distribution of                    person listed in the FOR FURTHER                      given permission to enter or operate in
                                                    power and responsibilities among the                     INFORMATION CONTACT section to                        the regulated area must comply with all
                                                    various levels of government. We have                    coordinate protest activities so that your            directions given to them by the Captain
                                                    analyzed this rule under that Order and                  message can be received without                       of the Port Detroit or his on-scene
                                                    have determined that it is consistent                    jeopardizing the safety or security of                representative.
                                                    with the fundamental federalism                          people, places or vessels.
                                                                                                                                                                     Dated: July 20, 2017.
                                                    principles and preemption requirements                   List of Subjects in 33 CFR Part 165                   Jeffrey W. Novak,
                                                    described in Executive Order 13132.
                                                       Also, this rule does not have tribal                    Harbors, Marine safety, Navigation                  Captain, U.S. Coast Guard, Captain of the
                                                                                                             (water), Reporting and recordkeeping                  Port Detroit.
                                                    implications under Executive Order
                                                                                                             requirements, Security measures,                      [FR Doc. 2017–15596 Filed 7–24–17; 8:45 am]
                                                    13175, Consultation and Coordination
                                                    with Indian Tribal Governments,                          Waterways.                                            BILLING CODE 9110–04–P

                                                    because it does not have a substantial                     For the reasons discussed in the
                                                    direct effect on one or more Indian                      preamble, the Coast Guard amends 33
                                                    tribes, on the relationship between the                  CFR part 165 as follows:                              DEPARTMENT OF HOMELAND
                                                    Federal Government and Indian tribes,                                                                          SECURITY
                                                    or on the distribution of power and                      PART 165—REGULATED NAVIGATION
                                                                                                             AREAS AND LIMITED ACCESS AREAS                        Coast Guard
                                                    responsibilities between the Federal
                                                    Government and Indian tribes. If you                                                                           33 CFR Part 165
                                                    believe this rule has implications for                   ■ 1. The authority citation for part 165
                                                    federalism or Indian tribes, please                      continues to read as follows:
                                                                                                                                                                   [Docket No. USCG–2017–0501]
                                                    contact the person listed in the FOR                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                    FURTHER INFORMATION CONTACT section                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                             Department of Homeland Security Delegation
                                                                                                                                                                   Safety Zones; Head of the Cuyahoga
                                                    above.                                                                                                         Regatta, Cuyahoga River, Cleveland,
                                                                                                             No. 0170.1.
                                                    E. Unfunded Mandates Reform Act                                                                                OH
                                                                                                             ■ 2. Add § 165.T09–0619 to read as
                                                      The Unfunded Mandates Reform Act                       follows:                                              AGENCY:  Coast Guard, DHS.
                                                    of 1995 (2 U.S.C. 1531–1538) requires                                                                          ACTION: Notice of enforcement of
                                                    Federal agencies to assess the effects of                § 165.T09–0619 Safety Zone; Selfridge Air
                                                                                                             Show; Harrison Township, MI.                          regulation.
                                                    their discretionary regulatory actions. In
                                                    particular, the Act addresses actions                       (a) Location. The safety zone will                 SUMMARY:    The Coast Guard will enforce
                                                    that may result in the expenditure by a                  encompass all navigable waters of the                 a safety zone for the Head of the
                                                    State, local, or tribal government, in the               Clinton River between the following two               Cuyahoga regatta, on the Cuyahoga
                                                    aggregate, or by the private sector of                   lines extending from bank to bank: the                River from 6:45 a.m. through 4:15 p.m.
                                                    $100,000,000 (adjusted for inflation) or                 first line is drawn directly across the               on Saturday, September 16, 2017. This
                                                    more in any one year. Though this rule                   channel at position 42°35.809′ N.,                    action is necessary to provide for the
                                                    will not result in such expenditure, we                  082°50.083′ W. (NAD 83); the second                   safety of life and property on navigable
                                                    do discuss the effects of this rule                      line, to the east, is drawn directly across           waters during this event. During the
                                                    elsewhere in this preamble.                              the channel at position 42°35.863′ N.,                enforcement period, no person or vessel
                                                                                                             082°49.919′ W. (NAD 83).                              may enter the respective safety zone
                                                    F. Environment
                                                                                                                (b) Enforcement period. The regulated              without the permission of the Captain of
                                                      We have analyzed this rule under                       area described in paragraph (a) of this               the Port Buffalo.
                                                    Department of Homeland Security                          section will be enforced from 3:30 p.m.
                                                                                                                                                                   DATES: The regulation in 33 CFR
                                                    Management Directive 023–01 and                          through 4:30 p.m. each day from August
                                                    Commandant Instruction M16475.lD,                                                                              165.T09–0082 will be enforced from
                                                                                                             18, 2017 through August 20, 2017.
                                                    which guide the Coast Guard in                                                                                 6:45 a.m. through 4:15 p.m. on
                                                                                                                (c) Regulations. (1) No vessel or
                                                    complying with the National                                                                                    Saturday, September 16, 2017.
                                                                                                             person may enter, transit through, or
                                                    Environmental Policy Act of 1969 (42                                                                           FOR FURTHER INFORMATION CONTACT: If
asabaliauskas on DSKBBY8HB2PROD with NOTICES




                                                                                                             anchor within the safety zone unless
                                                    U.S.C. 4321–4370f), and have                             authorized by the Captain of the Port                 you have questions on this notice, call
                                                    determined that this action is one of a                  Detroit, or his on-scene representative.              or email LT Ryan Junod, Coast Guard;
                                                    category of actions that do not                             (2) The safety zone is closed to all               telephone 216–937–0124, email
                                                    individually or cumulatively have a                      vessel traffic, except as may be                      ryan.s.junod@uscg.mil.
                                                    significant effect on the human                          permitted by the Captain of the Port                  SUPPLEMENTARY INFORMATION: The Coast
                                                    environment. This rule involves a safety                 Detroit or his on-scene representative.               Guard will enforce the Safety Zone;
                                                    zone lasting an hour per day that will                      (3) The ‘‘on-scene representative’’ of             Cleveland Dragon Boat Festival and
                                                    prohibit entry within the .2 mile by .1                  the Captain of the Port Detroit is any                Head of the Cuyahoga, Cuyahoga River,


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                                                    34408               Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Rules and Regulations

                                                    Cleveland, OH listed in 33 CFR                           DEPARTMENT OF VETERANS                                provides health care supervision to
                                                    165.T09–0082 for the following event:                    AFFAIRS                                               eligible veterans who do not need
                                                       Head of the Cuyahoga, Cuyahoga                                                                              hospital or nursing home care, but who,
                                                                                                             38 CFR Part 17                                        because of medical, psychiatric and/or
                                                    River, Cleveland, OH; The safety zone
                                                    listed in 33 CFR 165.T09–0082 will be                    RIN 2900–AP06                                         psychosocial limitations as determined
                                                                                                                                                                   through a statement of needed care, are
                                                    enforced from 6:45 a.m. through 4:15
                                                                                                             Ensuring a Safe Environment for                       unable to live independently and have
                                                    p.m. on September 16, 2017. The safety
                                                                                                             Community Residential Care Residents                  no suitable family or significant others
                                                    zone will encompass all waters of the                                                                          to provide the needed supervision and
                                                    Cuyahoga River, Cleveland, OH between                    AGENCY:    Department of Veterans Affairs.            supportive care. VA maintains a list of
                                                    a line drawn perpendicular to the river                  ACTION:   Final rule.                                 approved CRCs. The cost of community
                                                    banks from position 41°29′55″ N.,                                                                              residential care is financed by the
                                                    081°42′23″ W. (NAD 83) just past the                     SUMMARY:    The Department of Veterans                veteran’s own resources. A veteran may
                                                    Detroit-Superior Viaduct bridge at MM                    Affairs (VA) adopts as final, with                    elect to reside in any CRC he or she
                                                    1.42 of the Cuyahoga River south to a                    changes, a proposed rule governing the                wants; however, VA will only
                                                    line drawn perpendicular to the river                    approval of a community residential                   recommend CRCs that apply for
                                                    banks at position 41°28′32″ N.,                          care facility (CRC). The final rule                   approval and meet VA’s standards.
                                                    081°40′16″ W. (NAD 83) just south of                     prohibits a CRC from employing an                     Once approved, the CRC is placed on
                                                    the Interstate 490 bridge at MM 4.79 of                  individual who has been convicted in a                VA’s referral list and VA refers veterans
                                                    the Cuyahoga River. This action is                       court of law of certain listed crimes                 for whom CRC care is an option to the
                                                    necessary to provide for the safety of life              within 7 years of conviction, or has had              VA-approved CRCs when those veterans
                                                                                                             a finding within 6 months entered into                are determining where they would like
                                                    and property on navigable waters during
                                                                                                             an applicable State registry or with the              to live. VA published regulations
                                                    this event. Pursuant to 33 CFR 165.23,
                                                                                                             applicable licensing authority                        governing CRCs at title 38 Code of
                                                    entry into, transiting, or anchoring
                                                                                                             concerning abuse, neglect, mistreatment               Federal Regulations (CFR), §§ 17.61–
                                                    within these safety zones during an                      of individuals or misappropriation of
                                                    enforcement period is prohibited unless                                                                        17.72. Standards for approval of CRCs
                                                                                                             property. The CRC is required to                      are found at § 17.63. On November 12,
                                                    authorized by the Captain of the Port                    conduct an individual assessment of
                                                    Buffalo or his designated representative.                                                                      2015, VA published a proposed rule that
                                                                                                             suitability for employment for any                    would amend these standards. 80 FR
                                                    Those seeking permission to enter one                    conviction or finding outside either the
                                                    of these safety zones may request                                                                              69909. Under the proposed rule, a CRC
                                                                                                             7 year or 6 month parameters. The CRCs                would be prohibited from employing an
                                                    permission from the Captain of Port                      is also required to develop and                       individual who has been convicted in a
                                                    Buffalo via channel 16, VHF–FM.                          implement written policies and                        court of law of certain listed crimes, or
                                                    Vessels and persons granted permission                   procedures that prohibit mistreatment,                has had a finding entered into an
                                                    to enter this safety zone shall obey the                 neglect, and abuse of residents and                   applicable State registry or with the
                                                    directions of the Captain of the Port                    misappropriation of resident property.                applicable licensing authority
                                                    Buffalo or his designated representative.                The CRC must report and investigate                   concerning abuse, neglect, mistreatment
                                                    While within the safety zone, all vessels                any allegations of abuse or                           of individuals or misappropriation of
                                                    shall operate at the minimum speed                       mistreatment. The CRC must also screen                property. VA also proposed to require
                                                    necessary to maintain a safe course.                     individuals who are not CRC residents,                CRCs to develop and implement written
                                                                                                             but have direct access to a veteran living            policies and procedures that prohibit
                                                       This notice is issued under authority
                                                                                                             in a CRC. In addition, we are amending                mistreatment, neglect, and abuse of
                                                    of 33 CFR 165.T09–0082 and 5 U.S.C.
                                                                                                             the rule regarding the maximum number                 residents and misappropriation of
                                                    552(a). In addition to this notice in the
                                                                                                             of beds allowed in a resident’s bedroom.              resident property. The proposed rule
                                                    Federal Register, the Coast Guard will                   VA published the proposed rule on
                                                    provide the maritime community with                                                                            would have also required CRCs to report
                                                                                                             November 12, 2015, and we received                    and investigate any allegations of
                                                    advance notification of these                            four public comments. We also received
                                                    enforcement periods via Broadcast                                                                              mistreatment, neglect, or abuse,
                                                                                                             correspondence from a federal agency                  including injuries of unknown source,
                                                    Notice to Mariners and Local Notice to                   with recommendations. This final rule
                                                    Mariners. If the Captain of the Port                                                                           and misappropriation of resident
                                                                                                             responds to public comments and                       property. In addition, the proposed rule
                                                    Buffalo determines that this safety zone                 feedback from that federal agency.                    would require the CRC to screen
                                                    need not be enforced for the full                        DATES: This rule is effective on August               individuals who are not CRC residents,
                                                    duration stated in this notice, he or she                24, 2017.                                             but have direct access to a veteran living
                                                    may use a Broadcast Notice to Mariners                   FOR FURTHER INFORMATION CONTACT: Dr.                  in a CRC. The proposed revisions would
                                                    to grant general permission to enter the                 Richard Allman, Chief Consultant,                     improve the safety and help prevent the
                                                    respective safety zone.                                  Geriatrics and Extended Care Services                 neglect or abuse of veteran residents in
                                                      Dated: July 18, 2017.                                  (10P4G), Veterans Health                              CRCs. In addition, we proposed to
                                                    Joseph S. Dufresne,                                      Administration, Department of Veterans                amend the rule regarding the maximum
                                                    Captain, U.S. Coast Guard, Captain of the                Affairs, 810 Vermont Ave. NW.,                        number of beds allowed in a resident’s
                                                                                                             Washington, DC 20420, (202) 461–6750.                 bedroom.
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                                                    Port Buffalo.
                                                    [FR Doc. 2017–15504 Filed 7–24–17; 8:45 am]
                                                                                                             (This is not a toll-free number.)                        The comment period for this
                                                    BILLING CODE 9110–04–P
                                                                                                             SUPPLEMENTARY INFORMATION: VA is                      proposed rule closed on January 11,
                                                                                                             authorized under 38 U.S.C. 1730 to                    2016. We received four public
                                                                                                             assist veterans by referring them for                 comments which generally supported
                                                                                                             placement, and aiding veterans in                     the proposed rule, but recommended
                                                                                                             obtaining placement, in a community                   several changes. In addition, we
                                                                                                             residential care facility (CRC). A CRC is             received a letter from the U.S. Equal
                                                                                                             a form of enriched housing that                       Employment Opportunity Commission


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Document Created: 2018-10-24 11:21:42
Document Modified: 2018-10-24 11:21:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of enforcement of regulation.
DatesThe regulation in 33 CFR 165.T09-0082 will be enforced from 6:45 a.m. through 4:15 p.m. on Saturday, September 16, 2017.
ContactIf you have questions on this notice, call or email LT Ryan Junod, Coast Guard; telephone 216-937-0124, email [email protected]
FR Citation82 FR 34407 

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