83 FR 18766 - Safety Zone; Blazing Paddles 2018 SUP Race; Cuyahoga River, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 83 (April 30, 2018)

Page Range		18766-18768
FR Document		2018-08979

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Cuyahoga River during the Blazing Paddles Stand Up Paddle Race. 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 83 Issue 83 (Monday, April 30, 2018)

[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Proposed Rules]
[Pages 18766-18768]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08979]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0242]
RIN 1625-AA00


Safety Zone; Blazing Paddles 2018 SUP Race; Cuyahoga River, 
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 
for certain waters of the Cuyahoga River during the Blazing Paddles 
Stand Up Paddle Race. 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 May 30, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0242 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 Michael Collet, Chief of 
Waterways Management, U.S. Coast Guard Sector Buffalo; 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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On February 20, 2018, Share the River notified the Coast Guard that 
it would be conducting a 5.8-mile Stand up Paddleboard Race from 9:00 
a.m. to 11:00 a.m. on June 23, 2018, in conjunction with the annual 
Burning River Ramble. The race will begin just downriver from the 
Cleveland Rowing Foundation docks at position 41[deg]29'36'' N and 
081[deg]42'13'' W, and travel 2.9 miles upriver to the turnaround point 
just the past Jefferson Ave Bridge at position 41[deg]28'52'' N and 
081[deg]40'33'' W, and return to the starting point. The Captain of the 
Port Buffalo (COTP) has determined that potential hazards associated 
with a Stand up Paddleboard Race would be a safety concern for anyone 
within a 2.9-mile stretch of the Cuyahoga River.
    The purpose of this rulemaking is to ensure the safety of vessels 
and racers on the navigable waters within the above stated points, 
before, during, and after the scheduled event. 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 temporary safety zone enforced 
intermittently, from 8:30 a.m. to 11:30 a.m. on June 23, 2018. The 
safety zone will cover all navigable waters at the

[[Page 18767]]

start point at position 41[deg]29'36'' N and 081[deg]42'13'' W to the 
turnaround point at position 41[deg]28'52'' N and 081[deg]40'33'' W on 
the Cuyahoga River Cleveland OH. The duration of the zone is intended 
to ensure the safety of vessels and these navigable waters before, 
during, and after the scheduled 9:00 a.m. to 11:00 a.m. Paddleboard 
Race. No vessel or person would be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

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 Orders 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 13771 directs agencies to control 
regulatory costs 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would not be able to safely transit around this safety zone, which 
would impact a small designated area of the Cuyahoga River. However, 
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow vessels to 
seek permission to enter the zone.

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. 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.

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 
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 
establishing a safety zone lasting 3 hours that would prohibit entry 
into the waters contained within a 2.9-mile stretch of the Cuyahoga 
River. Normally such actions are categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1, of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated under 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

[[Page 18768]]

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, visit http://www.regulations.gov/privacyNotice.
    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 website'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 
recordkeeping 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.T09-0242 to read as follows:


Sec.  165.T09-0242   Safety Zone; Blazing Paddles 2018 SUP Race; 
Cuyahoga River, Cleveland, OH.

    (a) Location. The safety zone will encompass all waters of the 
Cuyahoga River in Cleveland, OH, beginning at position 41[deg]29'36'' N 
and 081[deg] 42'13'' W to the turnaround point at position 
41[deg]28'52'' N and 081[deg]40'33'' (NAD 83).
    (b) Enforcement Period. This rule is effective from 8:30 a.m. until 
11:30 a.m. on June 23, 2018.
    (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: April 23, 2018.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-08979 Filed 4-27-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Proposed Rules 18767

start point at position 41°29′36″ N and 605(b) that this proposed rule would not If you believe this proposed rule has
081°42′13″ W to the turnaround point at have a significant economic impact on implications for federalism or Indian
position 41°28′52″ N and 081°40′33″ W a substantial number of small entities. tribes, please contact the person listed
on the Cuyahoga River Cleveland OH. While some owners or operators of in the FOR FURTHER INFORMATION
The duration of the zone is intended to vessels intending to transit the safety CONTACT section.
ensure the safety of vessels and these zone may be small entities, for the
reasons stated in section IV.A above, E. Unfunded Mandates Reform Act
navigable waters before, during, and
after the scheduled 9:00 a.m. to 11:00 this proposed rule would not have a The Unfunded Mandates Reform Act
a.m. Paddleboard Race. No vessel or significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
person would be permitted to enter the vessel owner or operator. Federal agencies to assess the effects of
safety zone without obtaining If you think that your business, their discretionary regulatory actions. In
permission from the COTP or a organization, or governmental particular, the Act addresses actions
designated representative. The jurisdiction qualifies as a small entity that may result in the expenditure by a
regulatory text we are proposing appears and that this rule would have a State, local, or tribal government, in the
at the end of this document. significant economic impact on it, aggregate, or by the private sector of
please submit a comment (see $100,000,000 (adjusted for inflation) or
IV. Regulatory Analyses ADDRESSES) explaining why you think it more in any one year. Though this
We developed this proposed rule after qualifies and how and to what degree proposed rule would not result in such
considering numerous statutes and this rule would economically affect it. an expenditure, we do discuss the
Executive Orders related to rulemaking. Under section 213(a) of the Small effects of this rule elsewhere in this
Below we summarize our analyses Business Regulatory Enforcement preamble.
based on a number of these statutes and Fairness Act of 1996 (Pub. L. 104–121),
Executive Orders and we discuss First we want to assist small entities in F. Environment
Amendment rights of protestors. understanding this proposed rule. If the We have analyzed this proposed rule
rule would affect your small business, under Department of Homeland
A. Regulatory Planning and Review Security Management Directive 023–01
organization, or governmental
Executive Orders 12866 and 13563 jurisdiction and you have questions and Commandant Instruction
direct agencies to assess the costs and concerning its provisions or options for M16475.lD, which guide the Coast
benefits of available regulatory compliance, please contact the person Guard in complying with the National
alternatives and, if regulation is listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42
necessary, to select regulatory CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a
approaches that maximize net benefits. not retaliate against small entities that preliminary determination that this
Executive Order 13771 directs agencies question or complain about this action is one of a category of actions that
to control regulatory costs through a proposed rule or any policy or action of do not individually or cumulatively
budgeting process. This NPRM has not the Coast Guard. have a significant effect on the human
been designated a ‘‘significant environment. This proposed rule
regulatory action,’’ under Executive C. Collection of Information involves establishing a safety zone
Order 12866. Accordingly, the NPRM This proposed rule would not call for lasting 3 hours that would prohibit
has not been reviewed by the Office of a new collection of information under entry into the waters contained within
Management and Budget (OMB), and the Paperwork Reduction Act of 1995 a 2.9-mile stretch of the Cuyahoga River.
pursuant to OMB guidance it is exempt (44 U.S.C. 3501–3520). Normally such actions are categorically
from the requirements of Executive excluded from further review under
D. Federalism and Indian Tribal
Order 13771. paragraph L60(a) of Appendix A, Table
This regulatory action determination Governments
1, of DHS Instruction Manual 023–01–
is based on the size, location, duration, A rule has implications for federalism 001–01, Rev. 01. A preliminary Record
and time-of-day of the safety zone. under Executive Order 13132, of Environmental Consideration (REC)
Vessel traffic would not be able to safely Federalism, if it has a substantial direct supporting this determination is
transit around this safety zone, which effect on the States, on the relationship available in the docket where indicated
would impact a small designated area of between the national government and under the ADDRESSES section of this
the Cuyahoga River. However, the Coast the States, or on the distribution of preamble. We seek any comments or
Guard would issue a Broadcast Notice to power and responsibilities among the information that may lead to the
Mariners via VHF–FM marine channel various levels of government. We have discovery of a significant environmental
16 about the zone, and the rule would analyzed this proposed rule under that impact from this proposed rule.
allow vessels to seek permission to enter Order and have determined that it is
the zone. consistent with the fundamental G. Protest Activities
federalism principles and preemption The Coast Guard respects the First
B. Impact on Small Entities requirements described in Executive Amendment rights of protesters.
The Regulatory Flexibility Act of Order 13132. Protesters are asked to contact the
1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have person listed in the FOR FURTHER
requires Federal agencies to consider tribal implications under Executive INFORMATION CONTACT section to
the potential impact of regulations on Order 13175, Consultation and coordinate protest activities so that your
nshattuck on DSK9F9SC42PROD with PROPOSALS

small entities during rulemaking. The Coordination with Indian Tribal message can be received without
term ‘‘small entities’’ comprises small Governments, because it would not have jeopardizing the safety or security of
businesses, not-for-profit organizations a substantial direct effect on one or people, places, or vessels.
that are independently owned and more Indian tribes, on the relationship
operated and are not dominant in their between the Federal Government and V. Public Participation and Request for
fields, and governmental jurisdictions Indian tribes, or on the distribution of Comments
with populations of less than 50,000. power and responsibilities between the We view public participation as
The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. essential to effective rulemaking, and

VerDate Sep<11>2014 15:05 Apr 27, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\30APP1.SGM 30APP1

Document Created: 2018-04-28 01:03:48
Document Modified: 2018-04-28 01:03:48

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 May 30, 2018.
Contact		If you have questions about this proposed rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9322, email [email protected]
FR Citation		83 FR 18766
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 18766 - Safety Zone; Blazing Paddles 2018 SUP Race; Cuyahoga River, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 83 (April 30, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard