Rule2022-15565
Safety Zone; Fairport Harbor, Fairport, OH
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 22, 2022
Effective
July 22, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for all navigable waters of Fairport Harbor, OH. The safety zone is necessary and intended to protect personnel, vessels, and the marine environment from hazards created by shoaling in the area.
Full Text
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<title>Federal Register, Volume 87 Issue 140 (Friday, July 22, 2022)</title>
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[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Rules and Regulations]
[Pages 43742-43744]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15565]
[[Page 43742]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0616]
RIN 1625-AA00
Safety Zone; Fairport Harbor, Fairport, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of Fairport Harbor, OH. The safety zone is
necessary and intended to protect personnel, vessels, and the marine
environment from hazards created by shoaling in the area.
DATES: This rule is effective without actual notice July 22, 2022
through November 15, 2022. For enforcement purposes, actual notice will
be used from July 15, 2022, until July 22, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0616 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Jared Stevens, Waterways Management Division, U.S.
Coast Guard; telephone 216-937-0124, email <a href="/cdn-cgi/l/email-protection#6d295d54403e202f40203e382e01081b08010c0309403a3a202d181e0e0a43000401"><span class="__cf_email__" data-cfemail="2a6e1a13077967680767797f69464f5c4f464b444e077d7d676a5f59494d04474346">[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 Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard has learned that
significant shoaling has developed in the vicinity of the navigational
channel, and the nature and location of the shoaling presents an
imminent hazard to navigation. The safety zone must be established as
soon as possible for the safety of all personnel, vessels, and the
marine environment; thus, it is impracticable to publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed in
order to mitigate the safety hazards associated with the shoaling in
Fairport Harbor.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231), 46 U.S.C 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. The Captain of the Port (COTP) Buffalo has
determined that the hazards associated with shoaling in Fairport
Harbor, OH are a safety concern for all marine traffic. This rule is
necessary to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone until dredging can be
completed in accordance with the U.S. Army Corps of Engineers' approved
project depth for the federally maintained sections of the waterway.
IV. Discussion of the Rule
This rule establishes a safety zone for all federally maintained
waters of Fairport Harbor, OH. The duration of the safety zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while the federally maintained channel is
dredged in accordance with the approved U.S. Army Corps of Engineers
federal project depths. All vessels are prohibited from transiting the
safety zone with an under keel clearance of less than one (1) foot and
six (6) inches. Every vessel's under keel clearance shall be verified
by the master prior to entry and departure from Fairport Harbor, OH.
Further, draft readings shall be documented and retained on board.
Additionally, vessels greater than 100 Gross Registered Tons shall not
meet or pass another vessel while navigating within the safety zone.
The most recent U.S. Army Corps of Engineers project condition
surveys and hydrological surveys can be found on their website: <a href="https://www.lrb.usace.army.mil/Library/Maps-and-Charts/">https://www.lrb.usace.army.mil/Library/Maps-and-Charts/</a>.
V. Regulatory Analyses
We developed this 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
regarding the safety zone, and this regulatory action allows vessel
traffic to transit within and around the safety zone under the
conditions outlined in this rulemaking.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions
[[Page 43743]]
concerning its provisions or options for compliance, please call or
email 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 rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
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 determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting approximately 120 days, or until cancelled. This
rule requires all vessels to maintain a minimum of one (1) foot and six
(6) inches under keel clearance while transiting the safety zone. Every
vessel's under keel clearance shall be verified by the master prior to
entry and departure from Fairport Harbor, OH. Further, draft readings
shall be documented and retained on board. Additionally, vessels
greater than 100 Gross Registered Tons shall not meet or pass another
vessel while navigating within the safety zone. It is 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 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.
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.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05, 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.T09-0616 to read as follows:
Sec. 165.T09-0616 Fairport Harbor Shoaling, Fairport, OH.
(a) Location. The following area is a safety zone: all federally
maintained waters within Fairport Harbor, OH.
(b) 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 COTP Buffalo in the enforcement
of the regulations in this section.
(c) Regulations. (1) All vessels are required to maintain a minimum
of one (1) foot and six (6) inches under keel clearance while
transiting the safety zone.
(2) The under keel clearance shall be verified by the vessel's
master prior to entry and departure from Fairport Harbor, OH. Draft
readings and under keel clearance shall be documented and retained on
board, and be readily available for verification upon request by the
U.S. Coast Guard.
(3) Vessels greater than 100 Gross Registered Tons shall not meet
nor pass another vessel while navigating within the safety zone.
(4) The Coast Guard may patrol the safety zone 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.''
(5) No vessel shall anchor, block, loiter, or impede the through
transit of vessels in the regulated area during the effective dates and
times, unless cleared by or through an official patrol vessel. 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 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 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 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 upon satisfactory completion of dredging operations in
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consultation with U.S. Army Corps of Engineers and the COTP Buffalo.
(d) Enforcement period. This safety zone will be enforced from July
15, 2022, until November 15, 2022.
Dated: July 15, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-15565 Filed 7-21-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 22, 2022.
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