[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15957]


[[Page Unknown]]

[Federal Register: June 30, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-94-016]
RIN 2115-AE46]

 

Special Local Regulation; Cleveland Charity Classic, Cleveland 
Harbor, Lake Erie, Cleveland, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: A special local regulation is being adopted for the marine 
event, Cleveland Charity Classic. This event will be held on Cleveland 
Harbor on July 23, 1994. The Cleveland Charity Classic will have an 
estimated 20-30 offshore powerboats, racing in a closed course which 
could pose hazards to navigation in the area. This regulation is needed 
to provide for the safety of life, limb, and property on navigable 
waters during the event.

EFFECTIVE DATE: This regulation is effective at 11 a.m. (EDST) until 2 
p.m. (EDST), July 23, 1994.

FOR FURTHER INFORMATION CONTACT: William A. Thibodeau, Marine Science 
Technician Second Class, U.S. Coast Guard, Aids to Navigation and 
Waterways Management Branch, Ninth Coast Guard District, 1240 East 9th 
Street, Cleveland, Ohio 44199-2060, (216) 522-3990.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of 
Proposed Rulemaking has not been published for this regulation and good 
cause exists for making them effective in less than 30 days from the 
date of publication. Following normal rulemaking procedures would have 
been impracticable. The application to hold this event was not received 
by the Commander, Ninth Coast Guard District until May 19, 1994, and 
there was not sufficient time remaining to publish a proposed rule in 
advance of the event or to provide for a delayed effective date.

Drafting Information

    The drafters of this regulation are Scott J. Smith, Lieutenant 
Junior Grade, U.S. Coast Guard, Project Officer, Aids to Navigation & 
Waterways Management Branch and Karen E. Lloyd, Lieutenant, U.S. Coast 
Guard, Project Attorney, Ninth Coast Guard District Legal Office.

Discussion of Regulations

    The Cleveland Charity Classic will be held on Cleveland Harbor on 
July 23, 1994. This event will have an estimated 20-30 offshore race 
boats, racing a closed course race on Lake Erie, Cleveland Harbor, 
which could pose hazards to navigation in the area. This regulation is 
necessary to ensure the protection of life, limb, and property on 
navigable waters during this event. The effect of this regulation will 
be to restrict general navigation on that portion of Lake Erie, 
Cleveland Harbor, in an area triangular in shape, from the Cleveland 
Waterworks Intake Crib Light (LLNR 4030), thence to the West Pier Light 
(LLNR 4185), thence to the Disposal Light B (LLNR 4045), back to the 
point of origin, for the safety of spectators and participants. Any 
vessel desiring to transit the regulated area may do so only with prior 
approval of the Patrol Commander (Officer in Charge, U.S. Coast Guard 
Station Cleveland Harbor, OH).
    This regulation is issued pursuant to 33 U.S.C. 1231 as set out in 
the authority citation for all of Part 165.

Federalism Implications

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rulemaking does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under section 2.B.2.c of Coast Guard 
Commandant Instruction M16475.1B, it is categorically excluded from 
further environmental documentation.

Economic Assessment and Certification

    This regulation is not a 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 
that order. It has been exempted from review by the Office of 
Management and Budget Under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of the DOT is unnecessary.

Collection of Information

    This regulation will impose no collection information requirements 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Temporary Regulation

    In consideration of the foregoing, Part 100 of Title 33, Code of 
Federal Regulations, is amended as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A temporary section 100.35-T09016 is added to read as follows:


Sec. 100.35--T09016  Cleveland Charity Classic, Cleveland Harbor, Lake 
Erie, Cleveland, OH.

    (a) Regulated area. That portion of Lake Erie, Cleveland Harbor 
from the Cleveland Waterworks Intake Crib Light (LLNR 4030) to:


Latitude                             Longitude                          
                                                                        
41 deg. 30.7' N                      081 deg. 43.1' W                   
(West Pierhead Light, LLNR 4160), thence along the breakwater to        
41 deg. 30.4' N                      081 deg. 42.9' W                   
(Breakwater Light, LLNR 4175), thence to                                
41 deg. 30.2' N                      081 deg. 42.8' W                   
(West Pier Light, LLNR 4185), thence along the shoreline and structures 
 to                                                                     
41 deg. 32.5' N                      081 deg. 38.3' W                   
(Disposal Light, B, LLNR 4045), thence to                               
41 deg. 33.0' N                      081 deg. 45.0' W                   
(Cleveland Waterworks Intake Crib Light, LLNR 4030)                     
                                                                        

    (b) Special local regulation. This regulation restricts general 
navigation in the regulated area for the safety of spectators and 
participants. Any vessel desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander.
    (c) Patrol commander.
    (1) The Coast Guard will patrol the regulated area under the 
direction of a designated Coast Guard Patrol Commander, (Officer in 
Charge, U.S. Coast Guard Station Cleveland Harbor, OH). The Patrol 
Commander may be contacted on channel 16 (156.8 MHZ) by the call sign 
``Coast Guard Patrol Commander.''
    (2) The Patrol Commander may direct the anchoring, mooring, or 
movement of any boat or vessel within the regulated area. A succession 
of sharp, short signals by whistle or horn from vessels patrolling the 
area under the direction of the U.S. Coast Guard Patrol Commander shall 
serve as a signal to stop. Any vessel so signaled shall stop and shall 
comply with the orders of the Patrol Commander. Failure to do so may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (3) The Patrol Commander may establish vessel size and speed 
limitations and operating conditions.
    (4) The Patrol Commander may restrict vessel operation within the 
regulated area to vessels having particular operating characteristics.
    (5) The Patrol Commander may terminate the marine event or the 
operation of any vessel at any time it is deemed necessary for the 
protection of life, limb, or property.
    (6) All persons in the area shall comply with the orders of the 
Coast Guard Patrol Commander.
    (d) Effective date. This section will become effective from 11 a.m. 
(EDST) until 2 p.m. (EDST) on July 23, 1994, unless otherwise 
terminated by the Coast Guard Patrol Commander (Officer in Charge, U.S. 
Coast Guard Station, Cleveland Harbor, OH).

    Dated: June 17, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-15957 Filed 6-29-94; 8:45 am]
BILLING CODE 4910-14-M