Rule2024-29510
Safety Zone; Lake Erie, Avon Lake, OH
Primary source
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Published
December 16, 2024
Effective
December 19, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of Lake Erie within a 750-yard radius of the Avon Lake Power Plant (located at position 41[deg]30'15" N 082[deg]03'14" W). The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by demolition activities at the Avon Lake Power Plant in Avon Lake, Ohio. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Eastern Great Lakes.
Full Text
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<title>Federal Register, Volume 89 Issue 241 (Monday, December 16, 2024)</title>
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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101473-101475]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29510]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1062]
RIN 1625-AA00
Safety Zone; Lake Erie, Avon Lake, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of Lake Erie within a 750-yard radius of the Avon Lake
Power Plant (located at position 41[deg]30'15'' N 082[deg]03'14'' W).
The safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by demolition activities at
the Avon Lake Power Plant in Avon Lake, Ohio. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Sector Eastern Great Lakes.
DATES: This rule is effective on December 19, 2024, from 5 a.m. to 5:30
p.m. with a back-up date of December 20, 2024, from 5 a.m. to 5:30 p.m.
in the event weather is unfavorable on December 19, 2024.
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-
2024-0678 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 about this
proposed rulemaking, call or email Cody Mayrer at Marine Safety Unit
Cleveland's Waterways Management Division, U.S. Coast Guard; telephone
216-937-0111, email <a href="/cdn-cgi/l/email-protection#d591e5ecf8869897f8988680969990839099949b91f882829895a0a6b6b2fbb8bcb9"><span class="__cf_email__" data-cfemail="cd89fdf4e09e808fe0809e988e81889b88818c8389e09a9a808db8beaeaae3a0a4a1">[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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because of limited advance
notice provided by the contractor and because the Coast Guard must
establish this safety zone by December 19, 2024 in order to protect
personnel, vessels, and the marine environment from potential hazards
created by the demolition activities at the Avon Lake Power Plant in
Avon Lake, Ohio.
Also, 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 due to limited advance notice
provided by the contractor and because the Coast Guard must establish
this safety zone by December 19, 2024 in order to protect personnel,
vessels, and the marine environment from potential hazards created by
the demolition activities at the Avon Lake Power Plant in Avon Lake,
Ohio.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034, 70051; 70124, 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3. The Captain of the Port Eastern Great Lakes has determined that a
temporary safety zone for navigable waters within a 750-yard radius of
the Avon Lake Power Plant (located at position 41[deg]30'15'' N
082[deg]03'14'' W) is needed to protect personnel, vessels, and the
marine environment from potential hazards created by demolition
activities at the Avon Lake Power Plant in Avon Lake, Ohio. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port, Sector Eastern Great Lakes or a
designated representative.
IV. Discussion of the Rule
This rule establishes a safety zone from December 19, 2024, from
5:00 a.m. to 5:30 p.m. with a back-up date of December 20, 2024, from
5:00 a.m. to 5:30 p.m. in the event that weather is unfavorable on
December 19, 2024. The safety zone will cover all navigable waters on
Lake Erie within a 750-yard radius of the Avon Lake Power Plant
(located at position 41[deg]30'15'' N 082[deg]03'14'' W). All
geographic coordinates are North American Datum of 1983 (NAD 1983). The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by demolition activities at
the Avon Lake Power Plant in Avon Lake, Ohio. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the need to
protect personnel, vessels, and the marine environment from potential
hazards created by demolition activities at the Avon Lake Power Plant
in Avon Lake, Ohio. This safety zone is also for only 12.5 hours in a
limited area along the shore of Lake Erie. Moreover, vessels can still
transit through the safety zone with the permission of the COTP or a
designated representative.
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
[[Page 101474]]
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 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 12.5 hours that will prohibit entry within a 750-
yard radius of the Avon Lake Power Plant (Located at Position
41[deg]30'15'' N 082[deg]03'14'' W). It is categorically excluded from
further review under paragraph L60a 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
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; 70124, 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Sec. 165.T09-1062 will read as follows:
Sec. 165.T09-1062 Safety Zone; Avon Lake Power Plant Demolition, Lake
Erie, Avon Lake, OH.
(a) Location period: The following area is a temporary safety zone:
All U.S. Navigable waters of Lake Erie within a 750-yard radius of the
Avon Lake Power Plant in Avon Lake, Ohio located at the following
position: 41[deg]30'15'' N 082[deg]03'14'' W. All geographic
coordinates are North American Datum of 1983 (NAD 1983).
(b) Enforcement period: The Coast Guard will enforce the safety
zone described in paragraph (a) of this section from December 19, 2024,
from 5: a.m. to 5:30 p.m. with a back-up date will be December 20,
2024, from 5: a.m. to 5:30 p.m. in the event weather is unfavorable on
December 19, 2024. The Captain of the Port Sector Eastern Great Lakes
(COTP) will announce specific enforcement periods by Broadcast Notice
to Mariners. The COTP, or a designated representative may suspend
enforcement of the safety zone at any time.
(c) Definitions: As used in this section, designated representative
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
in the enforcement of the safety zone.
(d) Regulations: (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within the safety
zone described in paragraph (a) of this section is prohibited unless
authorized by the COTP or his designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zone shall contact the COTP Sector Eastern Great Lakes or his
designated representative to obtain permission to do so. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the COTP or his designated
representative. The COTP or his designated representative may be
contacted via VHF Channel 16 or by calling (888) 230-4703.
[[Page 101475]]
Dated: December 9, 2024.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Eastern Great Lakes.
[FR Doc. 2024-29510 Filed 12-13-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 16, 2024.
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