[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Rules and Regulations]
[Pages 38135-38138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16730]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a security zone for certain 
navigable waters of Lake Erie, Cleveland, OH. This action 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. This regulation prohibits persons and vessels from 
being in the security zone unless specifically authorized by the 
Captain of the Port (COTP) Buffalo or a designated representative.

DATES: This rule is effective September 5, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0213 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, contact LT Sean Dolan, Chief Waterways Management 
Division at 716-843-9322 or email D09-SMB-SECBuffalo-WWM@uscg.mil.

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

    Previously, COTP Buffalo implemented emergent security zones around 
Burke Lakefront Airport, Cleveland, OH, whenever Senior Government 
Officials or foreign dignitaries utilized the airport. On April 29, 
2019, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled Security Zone; Burke Lakefront Airport, Lake Erie, Cleveland, OH 
(84 FR 17981). There we stated why we issued the NPRM, and invited

[[Page 38136]]

comments on our proposed regulatory action related to this security 
zone. During the comment period that ended June 28, 2019, we received 
one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70051. The purpose of the rulemaking is to ensure the safety and 
security of vessels, the public, and navigable waters within the 
security zone before, during, and after the arrival and departure of 
certain individuals. The COTP Buffalo determined that a security zone 
is necessary to protect those within the security zone and surrounding 
area from terrorist acts, sabotage, or other subversive acts, 
accidents, or other causes of a similar nature.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published April 
29, 2019. The comment stated based upon our listed coordinates that we 
had the wrong distance contained within the zone. The comment also 
requested that we include a statement about the datum of the 
coordinates. In response to the comment we updated the distance from 
the shore covered by the security zone, and included a statement about 
the datum of the coordinates. There are no other changes in the 
regulatory text of this rule from the proposed rule in the NPRM.
    This rule establishes a security zone that will be enforced only 
upon notice by the COTP Buffalo. The COTP Buffalo will provide notice 
of enforcement of the security zone established by this section, 
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 also 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 encompass 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 (NAD 83); then following the 
shoreline back to the point of origin.
    The Captain of the Port Buffalo determined that the security zone 
in this rule is necessary to protect Senior Government Officials or 
foreign dignitaries. No vessel or person is 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.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), 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 received no comments from the Small Business 
Administration on this rulemaking. 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 concerning its provisions or options for compliance, please 
contact 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

[[Page 38137]]

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. If 
you believe this 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 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 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 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 (NAD 83); then following the shoreline back to the 
point of origin. It is categorically excluded from further review under 
paragraph L[60](a) in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures 5090.1. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

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.

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 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; 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. This security zone includes all waters extending from 
the surface to the sea floor within approximately 650 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 (NAD 
83); 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.  165.33 of this part, entry into, transiting, or anchoring within 
this security zone is prohibited unless authorized by the Captain of 
the Port Buffalo or her 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 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 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.
    (g) Authority. In addition to 46 U.S.C. 70034 and 46 U.S.C. 70051, 
the authority for this section includes 46 U.S.C. 70116.


[[Page 38138]]


    Dated: July 29, 2019.
L.M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2019-16730 Filed 8-5-19; 8:45 am]
 BILLING CODE 9110-04-P


