[Federal Register: April 16, 2003 (Volume 68, Number 73)]
[Proposed Rules]
[Page 18579-18581]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap03-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-206]
RIN 1625-AA00
RIN 1625-AA11
Regulated Navigation Area and Safety Zone; Huntington Cleveland
Harborfest and Parade of Sail, Cleveland Harbor, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary regulated
navigation area during the Huntington Cleveland Harborfest, and a
moving safety zone for the Parade of Sail in the Port of Cleveland,
Ohio. These regulations are necessary to manage vessel traffic and
ensure the safety of both spectators and participant vessels. These
regulations are intended to restrict vessel traffic from a portion of
Lake Erie in the vicinity of Cleveland, Ohio.
DATES: Comments must reach the Coast Guard on or before May 10, 2003.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Marine Safety Office (MSO) Cleveland, 1055 East Ninth Street,
Cleveland, Ohio, 44114. Comments and material received from the public,
as well as documents indicated in this preamble as being available in
the docket, will become part of this docket and available for
inspection or copying at MSO Cleveland between 8 a.m. and 3:30 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Allen Turner, Chief, Port
Operations Department, MSO Cleveland at (216) 937-0128.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD09-03-
206), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please include a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not plan to hold a public meeting. But you may submit a
request for a meeting by writing to MSO Cleveland at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
During Huntington Cleveland Harborfest, tall ships will moor in
Cleveland Harbor at the Cleveland Port Authority and along Cleveland's
Inner Harbor. A regulated navigation area (RNA) will be established
inside Cleveland's break wall to protect those boarding the tall ships
and spectator vessels from vessels transiting at excessive speeds
creating large wakes, and also to prevent obstructed waterways.
A moving safety zone will be established around the Parade of Sail
during the transit through Cleveland Harbor and Lake Erie in the
vicinity of Cleveland, Ohio. A large number of spectator craft is
expected which would result in congestion, the safety zone will ensure
that spectator craft do not impede the path of the parade vessels.
Discussion of Proposed Rule
The RNA would be established from 12 p.m. on Wednesday, July 9,
2003, until 1 p.m. on Monday, July 14, 2003. The RNA would encompass
all of Cleveland Harbor between a perpendicular line drawn from Dock 28
of Cleveland Port Authority across the breakwall; and a perpendicular
line drawn from the northwestern edge of Burke Lake Front Airport
across to the breakwall. Within the RNA, no vessel shall exceed 5 mph
nor produce a wake. Any vessel within the RNA shall not pass within 50
feet of a moored tall ship. Any vessel within the RNA must adhere to
the direction of the Captain of the Port or the on scene representative
who will be the Patrol Commander.
On July 9, 2003, from 2 p.m. until the 8 p.m. the Parade of Sail, a
moving safety zone would be established around all tall ships
participating in the parade. The safety zone would extend 100 yards in
all directions of each vessel officially participating in the parade.
The parade will begin approximately 2 miles northwest of Cleveland
Harbor inlet and pass through Cleveland Harbor via the main entrance
channel. After coming through the main entrance, the parade will travel
east down the inner harbor to the eastern end of the break wall and
exit through the eastern inlet. The parade will turn around in Lake
Erie east of the harbor, and then reenter the harbor through the
eastern inlet of the break wall south of the original track. The safety
zone will be in effect until the last vessel moors at approximately 8
p.m.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This determination is based on the short amount of time that
vessels will be restricted from the zones, and the actual location of
the safety zones within the waterways.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant impact
on a substantial number of small entities. 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.
[[Page 18580]]
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.
This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of commercial
vessels intending to transit a portion of an activated safety zone.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: the
proposed zone is only in effect for few hours on the day of the event.
Vessel traffic can safely pass outside the proposed safety zone during
the events. In cases where recreational boat traffic congestion is
greater than expected and consequently obstructs shipping channels,
commercial traffic may be allowed to pass through the safety zone with
the permission of the Captain of the Port Cleveland. Before the
effective period, the Coast Guard will issue maritime advisories to
users who might be impacted through notification in the Ninth Coast
Guard District Local Notice to Mariners, and through Marine Information
Broadcasts. The Coast Guard has not received any reports from small
entities negatively affected during previous similar events.
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.
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 so that they can better evaluate
its effects and participate in the rulemaking process. 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 Marine Safety Office Cleveland
(see ADDRESSES.)
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule does not have implications for
federalism under that Order.
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 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.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed 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.
Protection of Children
The Coast Guard has analyzed this proposed 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 concern an environmental risk to health or risk to safety that
may disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
The Coast Guard has analyzed this proposed rule under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use. We have determined that it is not
a ``significant energy action'' under that Order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. It has not been designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph 32(g) of Commandant
Instruction M16475.1C, this proposed rule is categorically excluded
from further environmental documentation. A written categorical
exclusion determination is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, 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
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.
2. Add temporary Sec. 165.T09-206 to read as follows:
Sec. 165.T09-206 Huntington Cleveland Harborfest and Parade of Sail.
(a) Regulated navigation area. (1) Location. All waters of
Cleveland Harbor, including the Inner Harbor, encompassed by a line
starting at 41[deg]30'49.38'' N, 081[deg]41'37.2'' W (northwest corner
of Burke Lakefront Airport); then northwest to 41[deg]31'1.2'' N,
081[deg]41'49.2 W; then southwesterly following the breakwall to
41[deg]30'41.4'' N, 081[deg]42'25.2'' W; then southeasterly to
41[deg]30'27'' N, 081[deg]42'13.3 W (extending directly across the
harbor from the northwestern corner of Dock 28 of the Cleveland Port
Authority to the breakwall); then following the contours of the
waterfront back to the point of origin including all portions of the
Rock and Roll Museum inner harbor. All coordinates are North American
Datum 1983.
[[Page 18581]]
(2) Enforcement period. This section is effective from 12 p.m. on
Wednesday, July 9, 2003 through 1 p.m. on Monday, July 14, 2003. The
section is effective during that same period.
(3) Special regulations. Vessels within the regulated navigation
area (RNA) shall not exceed 5 miles per hour or shall proceed at no-
wake speed, which ever is slower. Vessels within the RNA shall not pass
within 20 feet of a moored tall ship. Vessels within the RNA must
adhere to the direction of the Patrol Commander or other official
patrol craft.
(b) Safety zone.--(1) Location. The following is a moving safety
zone: All navigable waters and adjacent shoreline 100 yards ahead of
the first official parade vessel, 50 yards abeam of each parade vessel,
and 50 yards astern of the last vessel in the parade between the muster
point at 41[deg]31'30'' N, 081[deg]45'00'' W until each official parade
vessel is moored.
(2) Enforcement period. This section is effective from 12 p.m. on
Wednesday, July 9, 2003 through 1 p.m. on Monday, July 14, 2003.
Paragraph (b)(1) of this section will be enforced from 2 p.m. until 8
p.m. on Wednesday, July 9, 2003.
(c) Regulations. All vessel operators shall comply with the
instructions of the U.S. Coast Guard Captain of the Port Cleveland or
his on-scene representative which will be the Patrol Commander.
Permission to deviate from the above rules must be obtained from the
Captain of the Port or the Patrol Commander via VHF/FM radio, Channel 6
or by telephone at (216) 937-0111.
Dated: April 2, 2003.
Ronald F. Silva,
Rear Admiral, Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-9358 Filed 4-15-03; 8:45 am]
BILLING CODE 4910-15-P