[Federal Register Volume 61, Number 76 (Thursday, April 18, 1996)]
[Proposed Rules]
[Pages 16886-16887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9601]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD09-96-002]


Safety Zone--Lake Erie, Detroit to Cleveland

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a moving safety zone 
around the M/V AMERICAN REPUBLIC on Sunday, June 9, 1996, as it 
transits lake Erie from Detroit to Cleveland. During this time, the M/V 
AMERICAN REPUBLIC will be transporting the 1996 Summer Olympics Torch 
Runner on the Detroit to Cleveland leg of the cross-country relay. This 
safety zone is necessary to protect the vessel and its passengers from 
vessels which may impede its passage.

DATES: Comments must be received on or before May 20, 1996. This 
regulation will become effective at 8 a.m. on June 9, 1996, and 
terminate at 11 p.m. on June 9, 1996, unless terminated earlier by the 
Coast Guard Captain of the Port Detroit or Cleveland.

ADDRESSES: Comments and supporting materials should be mailed or 
delivered to Lieutenant Commander Rhae Giacoma, Assistant Chief, Marine 
Port and Environmental Safety Branch, Ninth Coast Guard District, Room 
2069, 1240 E. Ninth Street, Cleveland, Ohio, 44199-2060. Please 
reference the name of the proposal and the docket number in the heading 
above. If you wish receipt of your mailed comments to be acknowledged, 
please include a stamped self-addressed envelope or postcard for that 
purpose. Comments and materials received will be available for public 
inspection at the above location from 9 a.m. to 3 p.m. Monday through 
Friday.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Rhae Giacoma, Assistant Chief, Marine Port and 
Environmental Safety Branch, Ninth Coast Guard District, Room 2069, 
1240 E. Ninth Street, Cleveland, Ohio, 44199-2060, (216) 522-3994.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting comments which may consist of data, 
views, arguments, or proposals for amendments to the proposed 
regulations. The Coast Guard does not currently plan to have a public 
hearing. However, consideration will be given to holding a public 
hearing if it is requested. Such a request should indicate how a public 
hearing would contribute substantial information or views which cannot 
be received in written forms. If it appears that a public hearing would 
substantially contribute to this rulemaking and there is sufficient 
time to publish a notice, the Coast Guard will announce such a hearing 
by a later notice in the Federal Register. The Coast Guard will 
consider all comments received before the closing date indicated above, 
and may amend or revoke this proposal in response to such comments.

Background and Purpose

    Prior to the opening of the 1996 Summer Olympics in Atlanta, GA, 
the Olympic Torch will be carried cross country by way of a relay. The 
relay will begin in Los Angeles, CA and terminate in Atlanta, GA. Part 
of the relay includes an over-water leg from Detroit, MI to Cleveland, 
OH. For this leg, the Olympic Torch and Runner will be transported 
across Lake Erie onboard the Great Lakes cargo vessel M/V AMERICAN 
REPUBLIC. The Torch Runner will arrive in Detroit Hart Plaza on the 
morning of June 9, 1996, where he will board the M/V AMERICAN REPUBLIC 
for transit to Cleveland. The vessel is expected to arrive at Cleveland 
City Dock the evening of June 9, 1996.
    The M/V AMERICAN REPUBLIC will be taking the following route: From 
Detroit, the transit will follow the shipping channel down the Detroit 
River, then 095 degrees True across northern Lake Erie (transiting 
north of Pelee Island) to Pelee Passage Light, through Pelee Passage, 
then 111 degrees True to Cleveland.
    A 200-yard moving safety zone will be in place around the M/V 
AMERICAN

[[Page 16887]]

REPUBLIC during its entire voyage from Detroit to Cleveland. The U.S. 
Coast Guard Cutter BRISTOL BAY will escort the M/V AMERICAN REPUBLIC 
throughout the voyage. Other Coast Guard vessels (including Coast Guard 
Auxiliary) will join in escorting the M/V AMERICAN REPUBLIC at various 
locations where vessel congestion is expected to be heavy.
    The safety zone is being established for the protection of the M/V 
AMERICAN REPUBLIC and all personnel onboard, as well as for the 
protection of vessels and personnel operating in the vicinity of the 
vessel during its voyage. The M/V AMERICAN REPUBLIC is a 634 foot 
vessel. Because of its size, it is restricted in its ability to 
maneuver. Since the transit from Detroit to Cleveland will be taking 
place on a Sunday, media and public interest is expected to be high. 
Boating traffic on Lake Erie is anticipated to be heavy, particularly 
in the areas close to the ports of Detroit and Cleveland. The safety 
zone is essential to ensure vessels and personnel do not interfere with 
the safe transit of the vessel throughout its voyage and to protect the 
safety of spectator craft. However, the Captain of the Port may reduce 
the size of the safety zone within the outer limits prescribed in the 
regulation whenever it appears to the Captain of the Port that this may 
be done so with due regard for safety.
    This regulation is issued pursuant to 33 U.S.C. 1225 and 1231, as 
set out in the authority section for all of Part 165.

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).

Small Entities

    For the reasons stated in the preamble, the economic impact of this 
regulation is expected to be so minimal that a full regulatory 
evaluation is unnecessary. Since the impact of this regulation is 
expected to be minimal, the Coast Guard certifies that, if adopted, it 
will not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Security measures, 
Vessels, Waterways.

Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend Subpart C of Part 165 of title 33, Code of Federal Regulations as 
follows:
    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 section is added to read as follows:


Sec. 165.T09-002  Safety Zone: Lake Erie, From Detroit, MI to 
Cleveland, OH.

    (a) Location. The following area is a moving safety zone: Within 
200 yards of the M/V AMERICAN REPUBLIC as it transits Lake Erie from 
Detroit, MI to Cleveland, OH.
    (b) Effective Date. This section is effective at 8 a.m. on June 9, 
1996, and terminates at 11 p.m. on June 9, 1996, unless terminated 
earlier by the Coast Guard Captain of the Port Detroit or Cleveland.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port.

    Dated: April 10, 1996.
G. F. Woolever,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 96-9601 Filed 4-12-96; 8:45 am]
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