[Federal Register Volume 66, Number 154 (Thursday, August 9, 2001)]
[Rules and Regulations]
[Pages 41784-41785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19935]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-104]
RIN 2115-AA97


Safety Zone; Lake Erie, Cleveland Harbor, Cleveland, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a Safety Zone encompassing the 
navigable waters adjacent to the Cleveland Port Authority, on Cleveland 
Harbor, Lake Erie. The Safety Zone is necessary to ensure the safety of 
spectator vessels during a fireworks display launched from a barge 
moored to the Cleveland Port Authority property on August 18, 2001. 
This regulation is intended to restrict vessel traffic from a portion 
of Lake Erie and Cleveland Harbor. Entry into, transit through or 
anchoring within this Safety Zone is prohibited unless authorized by 
the Coast Guard Patrol Commander, which may be contacted on VHF/FM 
Channel 16.

DATES: This temporary final rule is effective 9 p.m. until 10:15 p.m. 
(e.s.t.), August 18, 2001.

ADDRESSES: Comments and material that may be received from the public 
will be made part of docket CGD09-01-104, and will be available for 
inspection and copying at Coast Guard Marine Safety Office Cleveland, 
Ohio, 1055 East Ninth Street, Cleveland, Ohio, 44114, between 7:30 a.m. 
and 4 p.m. Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant John Natale, U.S. Coast 
Guard Marine Safety Office Cleveland, 1055 East Ninth Street, 
Cleveland, Ohio 44114. The telephone number is (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, and, under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. The Coast Guard had 
insufficient advance notice to publish an NPRM followed by a temporary 
final rule. Publication of a notice of proposed rulemaking and delay of 
effective date would be contrary to the public interest because 
immediate action is necessary to prevent possible loss of life, injury, 
or damage to property. The Coast Guard has not received any complaints 
or negative comments with regard to this event.

Background and Purpose

    On August 18, 2001, at approximately 9:30 p.m. a fireworks and 
pyrotechnic display will be launched from a barge moored to the end of 
dock 26 at the Cleveland Port Authority. Spectators are expected to 
view the display from the adjacent Cleveland Browns football stadium, 
and private and commercial spectator vessels are expected in Cleveland 
Harbor. A safety zone will be in effect on August 18, 2001, from 9 p.m. 
until 10:15 p.m. The safety zone will include the navigable waters of 
Cleveland Harbor: East Basin, Eastern Section bounded by a line 
beginning at coordinates 41 deg.30'29"N, 081 deg.42'08"W; continuing 
north to coordinates 41 deg.30'44"N, 081 deg.42'19"W; then southwest 
along the breakwall to 41 deg.30'34"N, 081 deg.42'41"W then proceeding 
southeast to 41 deg.30'19"N, 081 deg.42'26"W, and then along the 
shoreline back to the beginning. These coordinates are based upon North 
American Datum 1983 (NAD 83).

Regulatory Evaluation

    This temporary 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

[[Page 41785]]

section 6(a)(3) of that order. The Office of Management and Budget has 
exempted it from review 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). The Coast Guard 
expects the economic impact of this proposal to be so minimal that a 
full Regulatory Evaluation under paragraph 10(e) of the regulatory 
policies and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the 
Coast Guard considered whether this rule will have a significant impact 
on a substantial number of small businesses and not-for-profit 
organizations that are not dominant in their respective fields, and 
governmental jurisdictions with populations less than 50,000. For the 
same reasons set forth in the above regulatory evaluation, the Coast 
Guard certifies under section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601 et esq.) that this temporary final 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 reason: this 
rule will be in effect for approximately one hour. Before the effective 
period, we will issue maritime advisories widely available to users of 
the waterway.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effectiveness and participate in the rulemaking 
process. If your small business or organization is affected by this 
rule, and you have questions concerning its provisions or options for 
compliance, please contact the office listed in ADDRESSES in this 
preamble.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 13132 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

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

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1C, this rule is categorically excluded 
from further environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons set out 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, 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T09-983 is added to read as follows:


Sec. 165.T09-983  Safety Zone; Lake Erie, Cleveland Harbor, Ohio.

    (a) Location. The safety zone will include the navigable waters of 
Cleveland Harbor and Lake Erie beginning at coordinates 41 deg.30'29" 
N, 081 deg.42'08" W; continuing north to coordinates 41 deg.30'44" N, 
081 deg.42'19" W; thence southwest along the breakwall to 41 deg.30'34" 
N, 081 deg.42'41" W; then southeast to 41 deg.30'19" N, 081 deg.42'26" 
W, and then along the shoreline back to the beginning. All coordinates 
are based on North American Datum 1983 (NAD 83).
    (b) Effective dates. This section is effective from 9 p.m. until 
10:15 p.m. on August 18, 2001.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through, or anchoring 
within this Safety Zone is prohibited unless authorized by the Captain 
of the Port, Cleveland or his representative on the Coast Guard vessel 
on scene. The Coast Guard Patrol Commander may be contacted on VHF 
Channel 16.

    Dated: July 31, 2001.
R. J. Perry,
Commander, U.S. Coast Guard, Captain of the Port, Cleveland, Ohio.
[FR Doc. 01-19935 Filed 8-8-01; 8:45 am]
BILLING CODE 4910-15-U