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Coast Guard, DHS.
Temporary final rule.
The Coast Guard is establishing a temporary safety zone on Cuyahoga River, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Cuyahoga River while demolition of the old I-90 Inner-belt bridge spanning the Cuyahoga River is undertaken. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with the removal of a span across the river.
This temporary final rule is effective without actual notice from June 12, 2014 through 6 a.m. on June 27, 2014. For the purposes of enforcement, actual notice will be used from 6 a.m. on June 2, 2014, until June 12, 2014, for any enforcement periods identified in this rule that occur before June 12, 2014.
Documents mentioned in this preamble are part of docket [USCG-2014-0425]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
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FOR FURTHER INFORMATION CONTACT:
If you have questions on this rule, call or email LT Christopher Mercurio, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9573, email SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527.
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Start Supplemental Information
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (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 doing so would be impracticable and contrary to the public interest. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard's ability to protect vessels and mariners from the hazards associated with the removal of a span across the river.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable and contrary to the public interest.
B. Basis and Purpose
Between 6 a.m. on June 2 through 6 a.m. on June 6, 2014, and on the subsequent dates and times as necessary, demolition work on the old I-90 Inner-belt bridge span crossing the Cuyahoga River, Cleveland, OH, is scheduled: 6 a.m. on June 11, 2014, through 6 a.m. on June 13, 2014; 6 a.m. on June 18, 2014, through 6 a.m. on June 20, 2014; and 6 a.m. on June 25, 2014, through 6 a.m. on June 27, 2014. The bridge removal and demolition work will involve of cutting and dropping 6′ x 8′ sections of steel beams into the river and retrieving them via barge-mounted extractor backhoe. These operations are to be conducted during hours and dates stated above. During these enforcement periods, there will be a continuous closure of a portion of the Cuyahoga River at MM 3.42 and resultant stoppage of any traffic beyond MM 3.42 south to the terminus of the maintained navigable channel. It has been determined that these demolition operations will pose a significant risk to the maritime public. Thus, under the authority within 33 U.S.C. 1225 and 1231, the Captain of the Port, Sector Buffalo, has determined it necessary to establish a temporary safety zone on the Cuyahoga River.
C. Discussion of the Temporary Final Rule
As mentioned above, the Captain of the Port Buffalo has determined that this temporary safety zone is necessary to ensure the safety of mariners and vessels during the old I-90 Inner-belt bridge demolition operation. This safety zone regulation will be enforced from 6 a.m. on June 2, 2014, through 6 a.m. on June 6, 2014, and on the following subsequent dates and times as necessary: From 6 a.m. on June 11, 2014, through 6 a.m. on June 13, 2014; 6 a.m. on June 18, 2014, through 6 a.m. on June 20, 2014, and 6 a.m. on June 25, 2014, through 6 a.m. on June 27, 2014. The safety zone will encompass waters of the Cuyahoga River in the vicinity of the old I-90 interstate bridge span crossing over the Cuyahoga River at river mile marker 3.42. Specifically, the safety zone will cover an area 200 yards upstream and 200 yards downstream of the bridge from position 41°29′10″ N, 081°41′25″ W, (NAD 83).
Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. It is not “significant” under the regulatory policies and procedures of Start Printed Page 33701the Department of Homeland Security (DHS).
We conclude that this rule is not a significant regulatory action because we anticipate that it will have 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 safety zone created by this rule will be relatively small and enforced for a maximum initial duration of 96 hours with subsequent dates enforcement time limited to a maximum duration of 48 hours and only if demolition has not been completed. Also, the safety zone is designed to minimize its impact on commercial traffic operating the navigable waters. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this rule on small entities. 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. This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit a portion of the Cuyahoga River in Cleveland, Ohio, from June 2-6, 2014; June 11-13, 2014; June 18-20, 2014; and June 25-27, 2014.
This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This safety zone has been developed and scheduled in cooperation with the local marine industry and shore facilities to mitigate the impact on scheduled commerce and will allow for the passage of vessels through the zone with the permission of the Captain of the Port. The Captain of the Port can be reached via VHF channel 16. Before the activation of the zone, we would issue local Broadcast Notice to Mariners.
3. Assistance for Small Entities
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 above.
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.
4. 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).
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 determined that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (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 the establishment of a safety zone and, therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under Start Printed Page 33702
ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.
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- Marine safety
- Navigation (water)
- Reporting and recordkeeping requirements
- Security measures
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 165 as follows:
PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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1. The authority citation for part 165 continues to read as follows: End Amendment Part
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2. Add § 165.T09-0425 to read as follows: End Amendment Part
Safety Zone; I-90 Inner-belt Bridge Demolition, Cuyahoga River, Cleveland, OH.
(a) Location. This safety zone will encompass all waters of the Cuyahoga River in the vicinity of the old I-90 Inner-belt Bridge crossing over the Cuyahoga River at river mile marker 3.42 within 200 yards upstream or 200 yards downstream of the bridge near position 41°29′10″ N, 081°41′25″ W, (NAD 83).
(b) Enforcement periods. This section will be enforced from 6 a.m. on June 2, 2014, through 6 a.m. on June 6, 2014, and on the following subsequent dates and times if necessary: From 6 a.m. on June 11, 2014, through 6 a.m. on June 13, 2014; from 6 a.m. on June 18, 2014, through 6 a.m. on June 20, 2014; and from 6 a.m. on June 25, 2014, through 6 a.m. on June 27, 2014.
(c) Regulations. (1) Under general regulations in § 165.23, entry into, transiting, or anchoring within the safety zone described in paragraph (a) of this section is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on-scene representative.
(3) The “on-scene representative” of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety zone need to contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative.
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Dated: May 28, 2014.
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2014-13767 Filed 6-11-14; 8:45 am]
BILLING CODE 9110-04-P