[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Proposed Rules]
[Pages 17981-17984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08577]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0213]
RIN 1625-AA87


Security Zone; Burke Lakefront Airport, Lake Erie, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a security zone for 
navigable waters of Lake Erie, Cleveland, OH. This security zone is 
necessary to protect the public and surrounding waterways from 
terrorist acts, sabotage, or other subversive acts, accidents, or other 
causes of a similar nature. Entry of vessels or persons into the zone 
is prohibited unless specifically authorized by the Captain of the Port 
(COTP) 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 June 28, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0213 using the Federal eRulemaking Portal at https://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 Sean Dolan, 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

    Previously COTP Buffalo has had to implement emergent security 
zones around Burke Lakefront Airport, Cleveland, OH whenever Senior 
Government Officials or foreign dignitaries utilized the airport for 
travel into and out of Cleveland, OH. The COTP Buffalo has determined 
that a security zone is necessary to protect certain individuals, 
vessels, the public, and surrounding waterways from terrorist acts, 
sabotage, or other subversive acts, accidents, or other causes of a 
similar nature.
    The purpose of this rulemaking is to ensure the safety of vessels, 
the public, and the navigable waters within the security zone before, 
during, and after the arrival and departure of certain individuals when 
notified. The Coast Guard is proposing this rulemaking under authority 
in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

[[Page 17982]]

III. Discussion of Proposed Rule

    The COTP is proposing to establish a security zone that will be 
enforced only upon notice of the COTP Buffalo. The COTP Buffalo will 
cause notice of enforcement of the security zone established by this 
section to be made by all appropriate means to the affected segments of 
the public including publication in the Federal Register as 
practicable, in accordance with 33 CFR 165.7(a). Such means of 
notification may also include, but are not limited to Broadcast Notice 
to Mariners or Local Notice to Mariners. The COTP Buffalo will issue a 
Broadcast Notice to Mariners notifying the public when enforcement of 
the security zone is established by this section is suspended. The 
security zone will encompasses all waters in Lake Erie within a line 
connecting the following geographical positions: 41[deg]31'45'' N, 
081[deg]39'20'' W; then extending Northwest to 41[deg]32'23'' N, 
081[deg]39'46'' W; then extending Southwest to 41[deg]31'02'' N, 
081[deg]42'10'' W; then extending Southwest to the shoreline at 
41[deg]30'38'' N, 081[deg]41'53'' W; then following the shoreline back 
to the point of origin.
    The security zone is necessary to protect Senior Government 
Officials or foreign dignitaries. No vessel or person would be 
permitted to enter the security zone without obtaining permission from 
the COTP or a designated representative. The Captain of the Port or his 
or her designated representative may be contacted via VHF Channel 16 or 
at 716-843-9525. 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 need to 
protect individuals, personnel, vessels, the public, and surrounding 
waterways from terrorist acts, sabotage, or other subversive acts, 
accidents or other causes of a similar nature. We conclude that this 
rule will have a minimal impact on the economy, will not interfere with 
other agencies, will not adversely alter the budget of any grant or 
loan recipients, and will not raise any novel legal or policy issues. 
The security zone created by this rule will be relatively small, 
effective only during the time necessary to protect individuals, 
personnel, vessels, the public, and surrounding waterways, and is 
designed to minimize its impact on navigable waters. Furthermore, the 
security zone has been designed to allow vessels to transit around it. 
Thus restrictions on vessel movement within that particular area are 
expected to be minimal. Under certain conditions, moreover, vessels may 
still transit through the security zone when permitted by the Captain 
of the Port.

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 
security 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 (Public Law 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

[[Page 17983]]

Security Directive 023-01 and Commandant Instruction M16475.1D, 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 security zone 
that encompasses all waters in Lake Erie within a line connecting the 
following geographical positions: 41[deg]31'45'' N, 081[deg]39'20''' W; 
then extending Northwest to 41[deg]32'23'' N, 081[deg]39'46'' W; then 
extending Southwest to 41[deg]31'02'' N, 081[deg]42'10'' W; then 
extending Southwest to the shoreline at 41[deg]30'38'' N, 
081[deg]41'53'' W; then following the shoreline back to the point of 
origin.. 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 supporting this determination is available in the docket 
where indicated under ADDRESSES. 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 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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://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 https://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 record 
keeping 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:  Authority: 46 U.S.C. 70034, 70051; 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.  165.913 to read as follows:


Sec.  165.913  Security Zone; Burke Lakefront Airport, Lake Erie, 
Cleveland, OH.

    (a) Location. Burke Lakefront Airport. This security zone includes 
all waters extending from the surface to the sea floor within 
approximately 200 yards seaward from the shoreline of the Burke 
Lakefront Airport and encompasses all waters in Lake Erie within a line 
connecting the following geographical positions: 41[deg]31'45'' N, 
081[deg]39'20'' W; then extending Northwest to 41[deg]32'23'' N, 
081[deg]39'46'' W; then extending Southwest to 41[deg]31'02'' N, 
081[deg]42'10'' W; then extending Southwest to the shoreline at 
41[deg]30'38'' N, 081[deg]41'53'' W; then following the shoreline back 
to the point of origin.
    (b) Definitions. (1) Designated representative means any Coast 
Guard commissioned, warrant, or petty officers designated by the 
Captain of the Port Buffalo to monitor a security zone, permit entry 
into a security zone, give legally enforceable orders to persons or 
vessels within a security zone, and take other actions authorized by 
the Captain of the Port Buffalo.
    (2) Public vessel means a vessel that is owned, chartered, or 
operated by the United States, or by a State or political subdivision 
thereof.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this security 
zone is prohibited unless authorized by the Captain of the Port Buffalo 
or his designated on-scene representative.
    (2) All persons and vessels must comply with the instructions of 
the Coast Guard Captain of the Port Buffalo or a designated 
representative. Upon being hailed by the U.S. Coast Guard by siren, 
radio, flashing light or other means, the operator of a vessel shall 
proceed as directed.
    (3) All vessels must obtain permission from the Captain of the Port 
Buffalo or a designated representative to enter, move within or exit 
the security zone established in this section when the security zone is 
enforced. Vessels and persons granted permission to enter the security 
zone shall obey all lawful orders or directions of the Captain of the 
Port Buffalo or a designated representative. While within the security 
zone, all vessels shall operate at the minimum speed necessary to 
maintain a safe course.
    (d) Notice of Enforcement or Suspension of Enforcement. The 
security zone established by this section will be enforced only upon 
notice of the Captain of the Port Buffalo. The Captain of the Port 
Buffalo will cause notice of enforcement of the security zone 
established by this section to be made by all appropriate means to the 
affected segments of the public including publication in the Federal 
Register as practicable, in accordance with Sec.  165.7(a). Such means 
of notification may also include, but are not limited to Broadcast 
Notice to Mariners or Local Notice to Mariners. The Captain of the Port 
Buffalo will issue a Broadcast Notice to Mariners notifying the public 
when enforcement of the security zone established by this section is 
suspended.
    (e) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from the requirements in this section.
    (f) Waiver. For any vessel, the Captain of the Port Buffalo or a 
designated representative may waive any of the requirements of this 
section, upon finding that operational conditions or other 
circumstances are such that application of this section is unnecessary 
or impractical for the purposes of safety or environmental safety.


[[Page 17984]]


    Dated: April 24, 2019
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2019-08577 Filed 4-26-19; 8:45 am]
 BILLING CODE 9110-04-P


