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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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 [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 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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