[Federal Register: July 11, 2003 (Volume 68, Number 133)]
[Rules and Regulations]
[Page 41268-41269]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy03-6]
[[Page 41268]]
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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, OH, July 9-14, 2003
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary Regulated
Navigation Area (RNA) during the Huntington Cleveland Harborfest and a
moving safety zone during 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 Harbor.
DATES: This rule is effective from 12 p.m. on Wednesday, July 9, 2003
through 1 p.m. on Monday, July 14, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (CGD09-03-206) and are available for
inspection or copying at U.S. Coast Guard Marine Safety Office (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, Coast Guard MSO Cleveland (216) 937-0128.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On Wednesday, April 16, 2003, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled Regulated Navigation Area and
Safety Zone; Huntington Cleveland Harborfest and Parade of Sail,
Cleveland Harbor, Cleveland, OH in the Federal Register (68 FR 18579).
We received no letters commenting on the proposed rule. No public
hearing was requested, and none was held.
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. Delaying the effective date of
this rule would be contrary to the public interest of ensuring the
safety of spectators and vessels during this event and immediate action
is necessary to prevent possible loss of life or property. The Coast
Guard has not received any complaints or negative comments with regard
to this event.
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 tall ships and spectators from
other vessels passing at excessive speed and creating large wakes. The
RNA will also aid in preventing obstructed waterways.
A moving Safety Zone will be established around the Parade of Sail
during the transit through Cleveland Harbor and Lake Erie. Vessel
congestion is expected, and the Safety Zone will ensure that spectator
craft do not impede the path of the parade vessels.
Discussion of Rule
The RNA will be established from 12 p.m. (noon) on Wednesday, July
9, 2003 until 1 p.m. on Monday, July 14, 2003. The RNA will encompass
Cleveland Harbor, between Dock 28 of Cleveland Port Authority and the
western edge of Burke Lake Front Airport, and include the Inner Harbor.
No vessel shall exceed 5 mph nor produce a wake within the RNA. Any
vessel within the RNA shall not pass within 20 feet of a moored tall
ship. Any vessel within the RNA must adhere to the direction of the
Patrol Commander or other official patrol craft.
On July 9, 2003, from 2 p.m. until the conclusion of the Parade of
Sail, the moving Safety Zone will be established around and between all
tall ships participating in the parade. The Safety Zone will extend 100
yards ahead of the first vessel in the parade, 50 yards abeam each
vessel and the line formed by the parade, and 50 yards astern of the
last vessel 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. The parade will travel east through the
harbor inside 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 parade will terminate once
the vessels are moored. The Safety Zone will be in effect until the
last vessel moors at approximately 6 p.m.
Regulatory Evaluation
This rule is not ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of the 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.
We expect the economic impact of this temporary final 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 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. 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 rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 41269]]
Federalism
We have analyzed this 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 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 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 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 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 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 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 rule and
concluded that, under figure 2-1, paragraph 32(g) of Commandant
Instruction M16475.1C, this 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.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. From 12 p.m. on July 9, 2003 through 1 p.m. on July 14, 2003 add
temporary Sec. 165.T09-206 to read as follows:
Sec. 165.T09-206 Regulated Navigation Area: Huntington Cleveland
Harborfest, Cleveland, Ohio.
(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. These coordinates are based upon
North American Datum 1983 (NAD 83).
(2) Enforcement period. This section is effective from 12 p.m.
(noon) on Wednesday, July 9, 2003 through 1 p.m. on Monday, July 14,
2003. Paragraph (a) of this section will be enforced during this 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. All coordinates are NAD 83.
(2) Enforcement period. This rule is effective from 12 p.m. on
Wednesday, July 9, 2003 through 1 p.m. on Monday, July 14, 2003.
Paragraph (b) of this section enforced from 2 p.m. through 8 p.m., or
until the conclusion of the parade when the last tall ship has moored,
whichever is later, on Wednesday, July 9, 2003.
(3) Regulations. All vessel operators shall comply with the
instructions of the U.S. Coast Guard Captain of the Port Cleveland,
Ohio, or his on scene representative, 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: July 1, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-17598 Filed 7-10-03; 8:45 am]
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