[Federal Register Volume 66, Number 56 (Thursday, March 22, 2001)]
[Proposed Rules]
[Pages 16020-16024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7078]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-005]
RIN 2115-AE84


Cleveland Harborfest: Regulated Navigation Area and Moving Safety 
Zones, Cuyahoga River and Cleveland Harbor, Cleveland, OH

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary Regulated 
Navigation Area (RNA) during the Cleveland Harborfest event in the Port 
of Cleveland, Ohio, from 4 p.m. on Wednesday, July 11, 2001 until the 
event's conclusion at 4 p.m. on Monday, July 16, 2001. The Coast Guard 
will also establish a Moving Safety Zone in conjunction with the parade 
of ships (``Parade of Sails'') as they transit Cleveland Harbor from 1 
p.m. until 7 p.m. on Wednesday, July 11, 2001. These regulations are 
necessary to ensure the safe navigation of vessels and the safety of 
life and property during periods of heavy vessel traffic.

DATES: Comments must reach the Coast Guard on or before May 21, 2001.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office (MSO) Cleveland (CGD09-01-005), 1055 East Ninth 
Street, Cleveland, Ohio, 44114. Coast Guard MSO Cleveland maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and available 
for inspection or copying at Coast Guard MSO Cleveland between 7 a.m. 
and 3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant John Natale, Chief Port 
Operations Department, Coast Guard MSO Cleveland (216) 937-0111.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD09-01-
005), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please include a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Coast Guard MSO Cleveland at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    During Cleveland Harborfest, tall ships will moor at the Cleveland 
Port Authority in Cleveland Harbor. The portion of the Cuyahoga River 
between the Norfolk & Southern Number One Lift Bridge and Nautica Stage 
is the proposed area to be designated as a RNA. The RNA is necessary in 
this area of the Cuyahoga River due to the narrow channel and the need 
to manage the transits of large commercial freighters and the expected 
congestion from recreational vessel traffic. The proposed RNA will 
enhance vessel safety on the river by restricting vessel movement and 
setting mooring restrictions along the riverbanks.
    A Moving Safety Zone will include the areas around and between all 
the vessels participating in the Parade of Sails during their transit 
in Cleveland Harbor and vicinity on Wednesday, July 11, 2001. The 
Moving Safety Zone will include the area within and bounded by an 
imaginary boundary extending a distance of 100 yards ahead of the line 
of vessels in the parade, 50 yards abeam each vessel and the line 
formed by the parade of vessels, and 50 yards astern of the last vessel 
in the parade. The Moving Safety Zones will ensure that spectator craft 
do not impede the path of any of the parade vessels.
    The vessel congestion due to the large number of participating and 
spectator vessels poses a significant threat to the safety of life. 
This proposed rulemaking is necessary to ensure the safety of life on 
the navigable waters of the United States.

Discussion of Proposed Rule

    During this event, tall ships will moor at the Cleveland Port 
Authority in Cleveland Harbor. The portion of the Cuyahoga River 
between the Norfolk & Southern Number One Lift Bridge and Nautica Stage 
is the proposed area to be designated as a RNA, since this very narrow 
area of the river is expected to contain heavy recreational vessel 
traffic and commercial freighter traffic. All recreational vessels 
shall remain on the west bank of the river channel during southbound 
transits and on the east bank during northbound transits. Recreational 
vessels will be required to proceed at no-wake speed; maintain headway 
if conditions permit; and will not be allowed to cross the center of 
the channel except at the northern and southern ends of the RNA. The 
provision restricting recreational vessels from crossing the channel 
centerline does not apply to vessels getting underway from a berth 
within the RNA, or to vessels outbound from the Old River. The 
permanent Safety Zones currently in effect on the Cuyahoga River (33 
CFR 165.903) remain unchanged. However, in addition to those permanent 
Safety Zones, recreational vessels will not be allowed to moor more 
than six vessels abeam anywhere in the RNA, including in the safety 
zones within the RNA, and must depart the area when directed. 
Recreational vessels docking in the RNA may maneuver to do so, but 
shall not linger awaiting availability of a mooring. Permission to 
deviate from the above rules must be obtained from the Coast Guard 
Captain of the Port or his representative at (216)-937-0111 any time 
before July 11, 2001, and during the event (Jul 11-16) by contacting 
``Coast Guard Cleveland Harbor Traffic'' by VHF/FM radio Channel 6 or 
by telephone at (216) 695-9794. Commercial vessels will be allowed to 
transit the center of the channel and may be escorted by a Coast Guard 
vessel. All commercial vessels must contact ``Coast Guard Cleveland 
Harbor Traffic'' on VHF/FM radio Channel 6 at least 30 minutes before 
entering the RNA.
    In order to ensure vessel safety, a Moving Safety Zone is proposed 
for the vessels participating in the Tall Ships Parade of Sails, which 
will be held upon their arrival in Cleveland on Wednesday, July 11, 
2001. The Moving Safety Zone will be in effect around the vessels 
participating in the parade. The Moving Safety Zone will begin at 3 
p.m. on Wednesday, July 11, 2001 at mustering point 41 deg.31'30" N, 
081 deg.45'00" W, in Lake Erie approximately two miles northwest of the 
Cleveland Harbor West Pierhead light. The parade will begin at 3 p.m. 
on Wednesday, July 11, 2001 at the mustering point. The parade will 
proceed eastward to position 41 deg.31'30" N, 081 deg.43'54" W, then

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proceed southeastward to position 41 deg.30'21" N, 081 deg.42'45" W 
inside the Cleveland breakwall. The parade will continue northeastward 
on the inside of the breakwall to position 41 deg.32'36" N, 
081 deg.38'45" W. The parade will then proceed northwestward into Lake 
Erie to position 41 deg.34'39" N, 081 deg.39'42" W, then northeastward 
to position 41 deg.35'18" N, 081 deg.38'39" W, and then southward back 
to the breakwall at position 41 deg.32'39" N, 081 deg.38'39" W. The 
parade will continue soutwestward inside of the breakwall to position 
41 deg.30'49" N, 081 deg.42'00" W, and the parade vessels will then 
moor in the vicinity of Cleveland Port Authority Dock Number 32. The 
Moving Safety Zone will terminate at Cleveland Port Authority Dock 
Number 32 at 7 p.m. on Wednesday, July 11, 2001.

Regulatory Evaluation

    This proposed 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 it 
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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. The RNA and 
Moving Safety Zones will be in effect for a limited time, and extensive 
advance notice will be made to the maritime community via Local Notice 
to Mariners, facsimile, and marine safety information broadcasts. These 
temporary regulations are tailored to impose a minimal impact on 
maritime interests without compromising safety. Compensating for any 
adverse impacts are the favorable economic impacts that these events 
will have on commercial activity in the area as a whole from the 
boaters and tourists these events are expected to attract.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. The proposed rule would affect the following 
entities, some of which might be small entities: the owners of 
businesses along the regulated portion of Cuyahoga River, and the 
owners or operators of vessels intending to transit in the regulated 
portion of the Cuyahoga River or Cleveland Harbor from 3 p.m. on 
Wednesday, July 11, 2001 through 4 p.m. on Monday, July 16, 2001. The 
proposed rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
rule will be in effect for a short time, and though it would apply to 
the entire width of the river or harbor channel, commercial traffic 
would be allowed to pass through with the permission of the Coast Guard 
Patrol Commander. Before the effective period, we will issue an 
extensive advance notice of the event to the maritime community via 
Local Notice to Mariners, facsimile, marine safety information 
broadcasts, and through the local Harbor Safety Committee.
    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 proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Coast Guard MSO Cleveland at the 
address listed under ADDRESSES.

Collection of Information

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

Federalism

    We have analyzed this proposed 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's having first provided the funds to pay 
those costs. The proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed 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 proposed 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 proposed 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. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribe, 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.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that under figure 2-1, paragraph 34(g) and (h), and paragraph 
35(a) of Commandant Instruction M16475.1C, this proposed rule is 
categorically excluded from further environmental documentation. This 
rule will not cause significant impacts on the environment; 
significantly change existing environmental conditions; have more than 
a minimal impact on protected properties; or provide

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inconsistencies with State, local or Federal laws. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T09-005 to read as follows:


Sec. 165.T09-005  Regulated Navigation Area: Cleveland Harborfest, 
Cuyahoga River, Cleveland, Ohio.

    (a) Location: The following area is a Regulated Navigation Area 
(RNA): All waters on the Cuyahoga River between the Norfolk and 
Southern Number One lift bridge, river mile 0.76, and Nautica Stage, 
Cleveland, Ohio as shown in Figure 165.T09-005(d).
    (b) Effective Date: These regulations are in effect from 4 p.m. on 
Wednesday, July 11, 2001 through 4 p.m. on Monday, July 16, 2001.
    (c) Regulations:
    (1) Recreational vessels within the RNA shall remain on the west 
bank of the river channel during southbound transits and on the east 
bank during northbound transits.
    (2) Recreational vessels shall proceed at no-wake speed; maintain 
headway if conditions permit; and will not cross the center of the 
channel except at the northern and southern ends of the RNA. The 
provision restricting recreational vessels from crossing the channel 
centerline does not apply to vessels getting underway from a berth 
within the RNA, or to vessels outbound from the Old River.
    (3) The permanent Safety Zones currently in effect on the Cuyahoga 
River (33 CFR 165.903) remain unchanged. In addition, recreational 
vessels may not moor more than six vessels abeam anywhere in the RNA, 
and must depart the area when directed. These additional mooring and 
departure requirements apply to all vessels within the RNA, including 
those moored under pre-existing waivers granted under 33 CFR 
165.903(b)(3). Recreational vessels docking in the RNA may maneuver to 
do so, but shall not linger awaiting availability of a mooring. 
Permission to deviate from the above rules must be obtained from the 
Coast Guard Captain of the Port or his representative at (216) 937-0111 
any time before July 11, 2001, and during the event (Jul 11-16) by 
contacting ``Coast Guard Cleveland Harbor Traffic'' by VHF/FM radio 
Channel 6 or by telephone at (216) 695-9794.
    (4) Commercial vessels will be allowed to transit the center of the 
channel and may be escorted by a Coast Guard vessel. All commercial 
vessels must contact ``Coast Guard Cleveland Harbor Traffic'' on VHF/FM 
radio Channel 6 at least 30 minutes before entering the RNA.
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    3. Add temporary Sec. 165.T09-006 to read as follows:


Sec. 165.T09-006  Moving Safety Zones: Cleveland Harborfest, Cleveland 
Harbor and Lake Erie, Cleveland, Ohio.

    (a) Location: The waters of Cleveland Harbor and Lake Erie, 
Cleveland, Ohio.
    (b) Effective Date: These regulations are in effect from 1 p.m. 
until 7 p.m. on Wednesday, July 11, 2001.
    (c) Regulations:
    (1) The following areas are designated as Moving Safety Zones: All 
waters within and bounded by an imaginary boundary extending a distance 
of 100 yards ahead of the line of vessels in the parade, 50 yards abeam 
each vessel and the line formed by the parade of vessels, and 50 yards 
astern of the last vessel in the parade. The Moving Safety Zone will be 
in effect around the vessels participating in the parade. The Moving 
Safety Zone will begin at 3 p.m. on Wednesday, July 11, 2001 at 
mustering point 41 deg.31'30" N, 081 deg.45'00" W, in Lake Erie 
approximately two miles northwest of the Cleveland Harbor West Pierhead 
light. The parade will begin at 3 p.m. on Wednesday, July 11, 2001 at 
the mustering point. The parade will proceed eastward to position 
41 deg.31'30" N, 081 deg.43'54" W, then proceed southeastward to 
position 41 deg.30'21" N, 081 deg.42'45" W inside the Cleveland 
breakwall. The parade will continue northeastward on the inside of the 
breakwall to position 41 deg.32'36" N, 081 deg.38'45" W. The parade 
will then proceed northwestward into Lake Erie to position 41 deg.34' 
39" N, 081 deg.39'42" W, then northeastward to position 41 deg.35'18" 
N, 081 deg.38'39" W, and then southward back to the breakwall at 
position 41 deg.32'39" N, 081 deg.38'39" W. The parade will continue 
soutwestward inside of the breakwall to position 41 deg.30'49" N, 
081 deg.42' 00" W, and the parade vessels will then moor in the 
vicinity of Cleveland Port Authority Dock Number 32. The Moving Safety 
Zone will terminate at Cleveland Port Authority Dock Number 32 at 7 
p.m. on Wednesday, July 11, 2001.
    (2) All vessel operators shall comply with the instructions of the 
U.S. Coast Guard Captain of the Port Cleveland, Ohio, or the designated 
on-scene U.S. Coast Guard patrol personnel including commissioned, 
warrant, and petty officers. Permission to deviate from the above rules 
must be obtained from the Captain of the Port or his representative by 
VHF/FM radio, Channel 6 or by telephone at (216) 701-8389.

    Dated: March 13, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District, 
Cleveland, Ohio.
[FR Doc. 01-7078 Filed 3-21-01; 8:45 am]
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