[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Rules and Regulations]
[Pages 39543-39545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16248]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-00-021]
RIN 2115-AA97


Safety Zone--Lake Erie, Port Clinton, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie, in the state of Ohio. This zone restricts the entry of 
vessels into the area designated for the July 4th, 2000 fireworks 
display. This temporary safety zone is necessary to protect mariners in 
case of accidental misfire of fireworks mortar rounds.

DATES: This rule is effective from 2 p.m., to 11 p.m., July 4, 2000.

ADDRESSES: The U.S. Coast Guard Marine Safety Office in Toledo, Ohio 
maintains the public document for this rule. Documents identified in 
this rule will be available for public copying and inspection between 
9:30 A.M. and 2

[[Page 39544]]

P.M., Monday through Friday, except federal holidays. The Marine Safety 
Office is located at 420 Madison Ave, Suite 700, Toledo, Ohio 43604; 
(419) 259-6372.

FOR FURTHER INFORMATION CONTACT: Chief Marine Science Technician 
Michael Pearson, Asst. Chief of Port Operations, Marine Safety Office, 
420 Madison Ave, Suite 700, Toledo, Ohio 43604; (419) 259-6372.

SUPPLEMENTARY INFORMATION: We did not publish a notice of proposed 
rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(3)(B), the 
Coast Guard finds that good cause exists for not publishing an NPRM.
    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. Publication of a notice of 
proposed rulemaking and delay of effective date would be contrary to 
public interest because immediate action is necessary to protect the 
maritime public and other persons from the hazards associated with 
fireworks displays. We had insufficient time to publish a Notice of 
Proposed Rulemaking because we did not receive adequate advance notice 
of this event.

Background and Purpose

    This temporary rule is necessary to ensure the safety of the 
maritime community during setup, loading and firing operations of 
fireworks in conjunction with the City of Port Clinton Fireworks. Entry 
into the safety zone without permission of the Captain of the Port is 
prohibited.
    The Captain of the Port may be contacted via Coast Guard Station 
Toledo on VHF-FM Channel 16.

Regulatory Evaluation

    This rule 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. The 
Office of Management and Budget has not reviewed this rule 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). This finding is based on the historical lack of 
vessel traffic at this time of year.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic 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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for less than one day when vessel traffic can 
pass safely around the safety zone.

Assistance for Small Entities

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), assistance to small entities in 
understanding the rule so that they could better evaluate its effects 
on them and participate in the rulemaking process is available upon 
request. Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal government having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 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

    We have 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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. A ``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, Security measures, Vessels, Waterways.

    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

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 C.F.R. 1.05-
1(g), 6.04-6, and 160.5; and 49 C.F.R. 1.46.

    2. A new temporary section 165.T09-021 is added to read as follows:


Sec. 165.T09-021  Safety zone: Lake Erie, Port Clinton, Ohio.

    (a) Location. The following area is a temporary safety zone: The 
waters and adjacent shoreline inside a 420' radius as extended from 
position 41 deg.30'52" N, 082 deg.55'46" W, Lake Erie, Ohio. All 
nautical positions are based on North American Datum of 1983.
    (b) Effective date. This regulation is effective between the hours 
of 2 p.m. to

[[Page 39545]]

11 p.m., July 4, 2000, unless terminated earlier by the Captain of the 
Port.
    (c) Restrictions. In accordance with the general regulations in 
section 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port.

    Dated: June 13, 2000.
David L. Scott,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 00-16248 Filed 6-26-00; 8:45 am]
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