[Federal Register Volume 66, Number 118 (Tuesday, June 19, 2001)]
[Rules and Regulations]
[Pages 32908-32913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15394]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-005]
RIN 2115-AE84


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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish a temporary Regulated 
Navigation Area (RNA) during the Huntington Cleveland Harborfest event 
in the Port of Cleveland, OH. The Coast Guard will also establish a 
Moving Safety Zone in conjunction with the parade of ships as they 
transit Cleveland Harbor. 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: This rule is effective from July 11, 2001, until July 16, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD09-01-005) and are available for inspection or 
copying at Coast Guard Marine Safety Office (MSO) Cleveland, 1055 East 
Ninth Street, Cleveland, Ohio, 44114, 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:

Regulatory Information

    On March 22, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Cleveland Harborfest: Regulated Navigation Area and 
Moving Safety Zones, Cuyahoga River and Cleveland Harbor, Cleveland, OH 
in the Federal Register (66 FR 16020). We received no letters 
commenting on the proposed rule. No public hearing was requested and 
none was held.
    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. A 30 day delay in the effective 
date is unnecessary because the public was put on notice of our intent 
to establish a regulated navigation area in conjunction with the 
Huntington Cleveland Harborfest when we published our NPRM on March 22, 
2001. Additionally, this rule will not go into effect until 
approximately three weeks after publication, which provides additional 
notice to the public.
    A 30 day delay in the effective period would also be contrary to 
the public interest. These regulations are needed to ensure the safety 
of life and property during the Harborfest event, which is scheduled 
for July 11, 2001, through July 16, 2001.

Background and Purpose

    During the Huntington Cleveland Harborfest, tall ships will moor at 
the Cleveland Port Authority in Cleveland Harbor. A RNA will be 
established on the Cuyahoga River in the area of the Flats from 12 p.m. 
July 11, 2001, until 1 p.m. July 16, 2001. Although the tall ships will 
not be moored in the

[[Page 32909]]

Cuyahoga River, this area is known for commercial and recreational 
congestion. With the anticipated increase in boaters during the event, 
the Coast Guard wants to make sure navigation on the river remains 
open. The RNA establishes a traffic pattern, limits docking in the 
Flats area of the Cuyahoga River, and asks commercial vessels in the 
harbor and rivers to report traffic conditions so vessel traffic 
throughout the Cleveland area may be managed. The portion of the 
Cuyahoga River between the Norfolk & Southern Number One Lift Bridge 
and Nautica Stage is the area to be designated as an RNA.
    On Wednesday, July 11, 2001 at 3:30 p.m. a parade of 12 ships under 
sail with several other vessels will mark the beginning of Huntington 
Cleveland Harborfest 2001. The parade will start just outside the main 
ship channel. The vessels will enter Cleveland Harbor and proceed east 
along the waterfront past Burke Lakefront Airport. They will then exit 
the harbor at the eastern end of the breakwall, make a loop and return 
through the eastern end and proceed to the Cleveland port Authority 
where they will moor at approximately 6:30 p.m. To help the parade 
participants navigate safely along the parade route, no one will be 
allowed to enter a Moving Safety Zone around the parade of vessels.
    The Moving Safety Zone will include the areas around and between 
all the vessels participating in the parade. 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 
Safety Zone 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 rulemaking is necessary to ensure the safety of life on the 
navigable waters of the United States.

Discussion of 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 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 conditions 
permitting; 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, 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 (July 11-16) by 
contacting ``Coast Guard Cuyahoga River 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 assisted by the 
Coast Guard in determining congestion and, if required, the Coast Guard 
may clear recreational traffic. All commercial vessels must contact 
``Coast Guard Cuyahoga River 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 will be in 
effect 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 3:30 
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 3:30 
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.43'47" W, 
then proceed southeastward to position 41 deg.30'21" N, 081 deg.42'48" 
W inside the Cleveland breakwall. The parade will continue 
northeastward on the inside of the breakwall to position 41 deg.32'39" 
N, 081 deg.38'45" W. The parade will then proceed northwestward into 
Lake Erie to position 41 deg.33'27" N, 081 deg.39'06" W, then 
northeastward to position 41 deg.33'27" N, 081 deg.38'36" W, and then 
southward back to the breakwall at position 41 deg.32'45" N, 
081 deg.38'36" W. The parade will continue soutwestward inside of the 
breakwall to position 41 deg.30'45" 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.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rulemaking. The Coast Guard made the following changes to this 
rulemaking:
    The event name changed from ``Cleveland Harborfest'' to 
``Huntington Cleveland Harborfest.''
    Permission for vessels to coordinate transits in or in the vicinity 
of the moving safety zone and the parade route must be obtained from 
the Captain of the Port or his representative by VHF/FM radio, Channel 
81, vice channel 6.
    The parade course will be slightly shorter than the parade route 
published in the NPRM. After the vessels exit the breakwall and head 
northwest, they will make a northeastward turn at point 41 deg.33'27" 
N, 081 deg.39'06" W, vice 41 deg.32'45" N, 081 deg.38'36" W. The course 
will proceed to 41 deg.33'27" N, 081 deg.38'36" W, vice 41 deg.35'18" 
N, 081 deg.38'39" W. The shortened course will allow the parade to be 
completed in a shorter period of time.
    Several of the other parade coordinates were slightly adjusted to 
allow for better course alignment.
    The telephone number to contact the Coast Guard during the parade 
for vessels to coordinate transits in or in the vicinity of the moving 
safety zone and the parade route is (216) 695-9794 vice (216) 701-8389.
    Vessels entering the Cuyahoga River to transit through the RNA 
should make the radio call ``Coast Guard Cuyahoga River Traffic'' vice 
``Coast Guard Cleveland Harbor Traffic.'' The new radio call will avoid 
confusion with Coast Guard Station Cleveland Harbor's radio calls.
    The parade will begin at 3:30 p.m. vice 3 p.m. on July 11, 2001.
    The moving safety zone will begin at 3:30 p.m. vice 1 p.m. on July 
11, 2001.
    The RNA will begin at 12 p.m. vice 4 p.m. on July 11, 2001.
    The RNA will terminate at 1 p.m. vice 4 p.m. on July 16, 2001.

[[Page 32910]]

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 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 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 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 rule will 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 12 p.m. on Wednesday, July 11, 2001 through 12 
p.m. on Monday, July 16, 2001. This rule will 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 will apply to the entire width of the river or harbor 
channel, commercial traffic will 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.

Assistance for Small Entities

    Under Section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. However, 
we received no requests for assistance from small entities.
    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's 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 Executive Order 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.

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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this rule and concluded 
that under figure 2-1, paragraph 34(g) and (h), and paragraph 35(a) of 
Commandant Instruction M16475.1C, this 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 inconsistencies with State, local or Federal 
laws. A ``Categorical Exclusion Determination'' is available in the 
docket where indicated under ADDRESSES.

[[Page 32911]]

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 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; 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: Huntington 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 1.
    (b) Effective Date: These regulations are in effect from 12 p.m. on 
Wednesday, July 11, 2001 through 1 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 conditions permitting; 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 (July 11-16) by 
contacting ``Coast Guard Cuyahoga River 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 Cuyahoga River 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: Huntington 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 3:30 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 and parade will begin at 3:30 
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 proceed eastward 
to position 41 deg.31'30" N, 081 deg.43'47" W, then proceed 
southeastward to position 41 deg.30'21" N, 081 deg.42'48" W inside the 
Cleveland breakwall. The parade will continue northeastward on the 
inside of the breakwall to position 41 deg.32'39" N, 081 deg.38'45" W. 
The parade will then proceed northwestward into Lake Erie to position 
41 deg.33'27" N, 081 deg.39'06" W, then northeastward to position 
41 deg.33'27" N, 081 deg.38'36" W, and then southward back to the 
breakwall at position 41 deg.32'45" N, 081 deg.38'36" W. The parade 
will continue soutwestward inside of the breakwall to position 
41 deg.30'45" 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 for vessels to coordinate 
transits in or in the vicinity of the moving safety zone and the parade 
route must be obtained from the Captain of the Port or his 
representative by VHF/FM radio, Channel 81 or by telephone at (216) 
695-9794.

    Dated: June 13, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District, 
Cleveland, Ohio
[FR Doc. 01-15394 Filed 6-18-01; 8:45 am]
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