[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Rules and Regulations]
[Pages 34832-34834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16486]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-033]
RIN 2115-AA97


Safety Zone: Northcoast Rockin' & Roarin' Offshore Grand Prix, 
Lake Erie and Cleveland Harbor, Cleveland, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary Safety Zone during 
the Northcoast Rockin' & Roarin' Offshore Grand Prix, Lake Erie and 
Cleveland Harbor, Cleveland, OH, between 12:30 p.m. and 4:30 p.m. on 
Saturday, August 11 and Sunday, August 12, 2001. The event will involve 
approximately 90 race boats traveling at speeds up to 125 m.p.h. These 
Safety Zone regulations are necessary to ensure the safe navigation of 
vessels and the safety of life and property. This safety zone is 
intended to restrict vessel traffic from a portion of the Cleveland 
Harbor and Lake Erie.

DATES: This rule is effective from 12:30 p.m. until 4:30 p.m. daily on 
Saturday, August 11 and on Sunday, August 12, 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 CDG09-01-033 and are available for copying at U.S. 
Coast Guard Marine Safety Office 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, U.S. Coast Guard Marine Safety Office, 1055 East 
Ninth Street, Cleveland, Ohio 44114; (216) 937-0111.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The Coast Guard had 
insufficient time to comply with the time requirements for publishing 
an NPRM. Publication of a notice of proposed rulemaking would be 
contrary to the public interest because immediate action is necessary 
to prevent possible loss of life, injury, or damage to property due to 
spectator vessel coming into close proximity with racing boats 
traveling at excessive speeds.

Background and Purpose

    During this event, approximately 90 boats ranging from 24' to 40' 
will participate in a series of races. The race course will be a 9.9 
mile loop including the waters of Lake Erie and Cleveland Harbor. The 
race course will consist of a loop beginning at a point just east of 
the eastern end of the Cleveland Harbor breakwall, proceed in a 
northwesterly

[[Page 34833]]

direction toward the Cleveland Water Crib, then south through the 
Cleveland Harbor main entrance and east to the starting point. Races 
consist of 7 to 12 laps per race. The race boats will travel at speeds 
up to 125 miles per hour. Hazards will consist of the potential for 
collision with other race vessels, spectator boats or on-shore 
structures. A perimeter of patrol boats will be placed around the 
course to help ensure the safety of spectators and race boats. There 
will be a minimum of six anchored turn boats to mark the course, six 
medical boats and four or five pace boats. There will be a 1 hour and 
15 minute break between the two races on each day if the request is 
made by commercial shipping vessels to allow commercial shipping 
traffic to enter and exit the harbor. Such requests can be made by 
calling Captain of the Port Cleveland or his designated on scene 
representative on VHF/FM channel 16.
    The vessel congestion due to the large number of participating and 
spectator vessels poses a significant threat to the safety of life. 
This safety zone is necessary to ensure the safety of life on the 
navigable waters of the United States.

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 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 safety 
zone 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    The rule will affect the following entities, some of which might be 
small entities: the owners or operators of vessels intending to transit 
within the area of the safety zone between 12:30 p.m. and 4:30 p.m. on 
Saturday, August 11 or Sunday, August 12, 2001. The 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 would apply to the harbor channel and entrance, 
commercial traffic may be allowed to pass through during a 1 hour and 
15 minute break between races. 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 want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. If this 
rule will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact U.S. Coast Guard Marine Safety 
Office Cleveland (see ADDRESSES).

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 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

[[Page 34834]]

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 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 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 section 165.T09-950 to read as follows:


Sec. 165.T09-950  Safety zone: Northcoast Rockin' & Roarin' Offshore 
Grand Prix, Lake Erie and Cleveland harbor, Cleveland, OH.

    (a) Location. This safety zone includes all waters of Lake Erie 
within 300-yards of the powerboat race course which is defined by an 
imaginary line connecting the course turn markers. The race will 
proceed around the following turn markers, from race start to finish: 
Beginning at 41 deg.32'34" N, 081 deg.39'02" W, proceeding in a 
northerly direction to 41 deg.32'37" N, 081 deg.39'02" W; going 
westerly to 41 deg.32'37" N, 081 deg.39'06" W; continuing northwesterly 
to 41 deg.31'24.5" N, 081 deg.41'50" W, and then northwesterly to 
41 deg.31'33" N, 081 deg.43'38" W; and continuing to 041 deg.31'33" N, 
081 deg.43'41" W; then to 041 deg.31'31" N, 081 deg.43'42" W; then 
southerly to 41 deg.30'27" N, 081 deg.42'48" W; and back to the 
starting point. These coordinates are based on North American Datum 
1983 (NAD 83).
    (b) Effective Dates. These regulations are in effect between 12:30 
and 4:30 p.m. on Saturday, August 11; and during these same times on 
Sunday, August 12, 2001.
    (c) Regulations. (1) No vessels shall enter the Safety Zone during 
the specified times. Permission to deviate from this rule must be 
obtained from the Coast Guard Captain of the Port or his representative 
at (216)-937-0111, any time before August 11, 2001; and during the days 
of the event (August 11-12) by contacting the Captain of the Port 
designated on scene representative via VHF/FM radio Channel 16.


    Dated: June 22, 2001.
R.J. Perry,
Commander, U.S. Coast Guard, Captain of the Port, Cleveland, Ohio.
[FR Doc. 01-16486 Filed 6-29-01; 8:45 am]
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