Proposed Rule2022-12961
Safety Zone; Black River, South of East Erie Avenue Bridge in Front of Black River Landing, Lorain, OH
Primary source
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Published
June 17, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary safety zone for certain waters of the Black River. This action is necessary to provide for the safety of life on these navigable waters near Black River Landing, Lorain, OH, during a dragon boat festival. 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.
Full Text
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<title>Federal Register, Volume 87 Issue 117 (Friday, June 17, 2022)</title>
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[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Proposed Rules]
[Pages 36430-36432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12961]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0273]
RIN 1625-AA00
Safety Zone; Black River, South of East Erie Avenue Bridge in
Front of Black River Landing, Lorain, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Black River. This action is necessary to
provide for the safety of life on these navigable waters near Black
River Landing, Lorain, OH, during a dragon boat festival. 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 18, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0273 using the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 Jared Stevens, Waterways
Management Division, Marine Safety Unit Cleveland, U.S. Coast Guard;
telephone 216-937-0124, email <a href="/cdn-cgi/l/email-protection#bbf1dac9dedf95f695e8cfdecdded5c8fbcec8d8dc95d6d2d7"><span class="__cf_email__" data-cfemail="afe5ceddcacb81e281fcdbcad9cac1dcefdadcccc881c2c6c3">[email protected]</span></a>.
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
The Cleveland Dragon Boat Festival has occurred annually for over a
decade. Past years events were held on the Cuyahoga River in
conjunction with the Head of the Cuyahoga regatta, for which the
Captain of the Port Buffalo initiated a rulemaking in 2015 (80 FR
51943) to protect spectators, participants, and vessels from the
hazards associated with the rowing event. Due to increased
participation in the Dragon Boat Festival, the dragon boat event has
been relocated to the Black River Landing in Lorain, OH, to preserve
the safety of spectators and vessels.
On January 31, 2022, the Cleveland Dragon Boat Association notified
the Coast Guard that it will be conducting a dragon boat festival from
8 a.m. through 5 p.m. on September 18, 2022. Typically, the event
occurs on or around the first through third Saturday of September
between the hours of 8 a.m. and 5 p.m. The dragon boat festival is to
occur south of the East Erie Avenue Bridge in front of the Black River
Landing in Lorain, OH. Hazards from the event include, but are not
limited to, sponsor operated vessels needing to transit the area during
the festival. These vessels are expected to accompany the vessels
competing in the row boat style races. The Captain of the Port Buffalo
(COTP) has determined that potential hazards associated with the
festival would be a safety concern for anyone within this portion of
the Black River.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within this portion of the Black River before,
during, and after the scheduled event. The Coast Guard is proposing
this rulemaking under authority in 46 U.S.C. 70034 (previously 33
U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 8 a.m. to 5
p.m. on or around the first through third Saturday of September,
according to when the actual event is scheduled. In 2022, the Dragon
Boat Festival will occur on September 18. The safety zone would cover
all navigable waters south of the East Erie Avenue Bridge in front of
the Black River Landing in Lorain, OH. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled dragon boat festival. 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. 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).
This regulatory action determination is based on size, location,
and duration
[[Page 36431]]
of the proposed rule. This Safety Zone would restrict navigation on and
through this small designated portion of the Black River for nine hours
on one day.
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 proposed 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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email 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 call or email 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 potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 nine hours that would prohibit entry within the area south
of the East Erie Avenue Bridge in front of the Black River Landing.
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. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see 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 call or email 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.
Submitting comments. We encourage you to submit comments through
the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do
so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0273 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in
[[Page 36432]]
response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5, Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T09-0273 to read as follows:
Sec. 165.T09-0273 Safety Zone, Black River, South of East Erie
Avenue Bridge in Front of Black River Landing, Lorain, OH.
(a) Location. The following area is a safety zone: All navigable
waters within the area south of the East Erie Avenue Bridge in front of
the Black River Landing in Lorain, OH.
(b) Enforcement Period. This section will be enforced from 8 a.m.
through 5 p.m. on or around the first through third Saturday in
September, according to when the actual event is scheduled.
(c) Definitions. Official Patrol Vessel means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Buffalo,
(COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels attending the event.
(d) Regulations. When this safety zone is enforced, the following
regulations, along with those contained in 33 CFR 165 apply:
(1) The Coast Guard may patrol the event area under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.''
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state or local
law enforcement and sponsor provided vessels designated or assigned by
the Captain of the Port Buffalo, to patrol the event.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a no wake speed in a
manner which will not endanger participants in the event or any other
craft.
(4) No spectator shall anchor, block, loiter, or impede the through
transit of official patrol vessels in the regulated area during the
effective dates and times, unless cleared for entry by or through an
official patrol vessel.
(5) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(6) Any spectator vessel may anchor outside the regulated areas
specified in this chapter, but may not anchor in, block, or loiter in a
navigable channel.
(7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(8) The Patrol Commander will terminate enforcement of the special
regulations at the conclusion of the event.
Dated: June 9, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-12961 Filed 6-16-22; 8:45 am]
BILLING CODE 9110-04-P
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