[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21143]


[[Page Unknown]]

[Federal Register: August 29, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD09-94-027]
RIN 2115-AA97

 

Safety Zone; RIU 2115-AA97--Lake Erie, in the Vicinity of Euclid, 
OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie with a one quarter mile radius centered on 41 deg. 47.6'N, 
081 deg. 36.1'W. This safety zone is required to prevent recreational 
and commercial divers from tampering with the exposed valves on the 
tank barge Cleveco which sank at its present location in 1942 with an 
unknown quantity of oil onboard. This safety zone is also required to 
prevent personnel not involved with the federalized salvage actions 
from hindering or obstructing surface and subsurface operations.

DATES: This regulation becomes effective at 2:30 p.m. EST July 16, 
1994, and terminates at 11 a.m. EST January 1, 1995, unless terminated 
earlier by the Coast Guard Captain of the Port, Cleveland, Ohio. 
Comments must be received on or before October 28, 1994.

ADDRESSES: Written comments may be mailed to Commander, Ninth Coast 
Guard District, Attn: Chief, Port and Environmental Safety Branch, 1240 
E. 9th Street, Cleveland, OH 44199.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Eric M. King, Chief, Port Operations, Marine 
Safety Office Cleveland, Ohio at (216) 522-4405.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective less than 30 days after Federal 
Register publication. Publication of a notice of proposed rulemaking 
and delay in the effective date would be contrary to the public 
interest because immediate action is necessary to prevent possible loss 
of life, injury, or damage to property or the environment.
    Although this regulation is published as a final rule without prior 
notice, an opportunity for public comment is nevertheless desirable to 
ensure that the regulation is both reasonable and workable. 
Accordingly, persons wishing to comment may do so by submitting written 
comments to the office listed under ADDRESSES in this preamble. 
Commenters should include their names and addresses, identify the 
docket number for the regulation, and give reason for their comments. 
Based upon comments received, the regulation may be changed.

Background and Purpose

    On July 14, 1994, the Army Corps of Engineers and the Coast Guard 
located the tank barge Cleveco, sunk nine miles offshore from Euclid, 
Ohio in Lake Erie. The tank barge rests keel up in 70 feet of water, 
and contains up to 800,000 gallons of oil. The Coast Guard is in the 
process of determining the structural integrity of the vessel and the 
quantity of oil onboard. Based on the findings of the investigation, 
the Coast Guard will supervise the removal of oil from the vessel and 
possible salvage operations. Due to the inherent dangers associated 
with the site and with this activity, the presence of persons or 
vessels in this area is not in the best interests of human safety or 
the marine environment. Therefore, persons and vessels will be 
prohibited from transiting this area.
    Persons or vessels requiring entry into or passage through the 
safety zone must first request authorization from the Captain of the 
Port or his designated representative. The designated representative of 
the Captain of the Port is the senior Coast Guard commissioned, 
warrant, or petty officer on the vessel enforcing the safety zone, and 
the Command Duty Officer at Marine Safety Office Cleveland, Ohio. The 
senior officer on the vessel enforcing the safety zone can be contained 
on VHF-FM Channel 16. The Captain of the Port, Cleveland, and the 
Command Duty Officer at Marine Safety Office Cleveland can be contacted 
at telephone number (216) 522-4405.

Drafting Information

    The drafters of this regulation are Lieutenant (Junior Grade) Eric 
M. King, project officer, Chief, Port Operations, Marine Safety Office 
Cleveland, Ohio, Commander M. Eric Reeves, program staff officer, 
Chief, Marine Port and Environmental Safety Branch, Ninth Coast Guard 
District and Lieutenant Karen E. Lloyd, project attorney, Ninth Coast 
Guard District Legal Office.

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, and has so certified in the docket 
file.

Federalism

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

Regulatory Evaluation

    This regulation is considered to be nonsignificant under Executive 
Order 12866 on Regulatory Planning and Review and nonsignificant under 
Department of Transportation regulatory policies and procedures (44 FR 
11034 of February 26, 1979).

Collection of Information

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

    Authority: This regulation is issued pursuant to 33 U.S.C. 1231, 
as set out in the authority section for all of Part 165.

List of Subjects in 33 CFR Part 165

    Harbors, marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulations

    In consideration of the foregoing, Subpart F of Part 165 of title 
33, Code of Federal Regulations, is amended as follows:

PART 165--[AMENDED]

    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), 
6.04-6, and 160.5; and 49 CFR 1.46.

    2. A new temporary Sec. 165.T09-027 is added to read as follows:


Sec. 165.T09-027  Safety Zone: Lake Erie, in the Vicinity of Euclid, 
OH.

    (a) Location. The following area is a safety zone: the waters of 
Lake Erie within a one quarter mile radius from 41 deg. 47.6N, 081 deg. 
36.1W and the waters of Lake Erie beneath this area.
    (b) Effective times and dates. This section becomes effective at 
2:30 p.m. EST July 16, 1994, and terminates at 11 a.m. EST January 1, 
1995, unless terminated earlier by the Coast Guard Captain of the Port.
    (c) Restrictions. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port or his designated 
representative. The safety zone encompasses lake surface areas as well 
as all waters extending to the lake bottom.

    Dated: July 16, 1994.
J.L. Grenier,
Commander, U.S. Coast Guard, Captain of the Port, Cleveland.
[FR Doc. 94-21143 Filed 8-26-94; 8:45 am]
BILLING CODE 4910-14-M