[Federal Register Volume 68, Number 62 (Tuesday, April 1, 2003)]
[Proposed Rules]
[Pages 15694-15696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7805]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-202]
RIN 1625-AA00


Safety Zones; Northeast Ohio

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish Safety Zones for annual 
fireworks displays located in Northeast Ohio. These rules are intended 
to manage vessel traffic in Northeast Ohio during each event to protect 
life and property.

DATES: Comments must be received on or before 60 days from the 
publication date of this notice.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office (MSO) Cleveland (CGD09-03-202), 1055 East Ninth 
Street, Cleveland, Ohio, 44114. 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 8 a.m. 
and 3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Allen Turner, U.S. Coast 
Guard Marine Safety Office Cleveland, at (216) 937-0128.

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 (CGD09-03-
202), 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

    A total of eight permanent safety zones would be established in 
Northeast Ohio for annual firework displays. The safety zones would be 
activated only during a firework display at their respective location. 
There is a total of ten separate annual firework events in Northeast 
Ohio. The safety zones would be established to protect the public from 
potential firework debris.

Discussion of Proposed Rule

    The safety zones would be established around the launch site in the 
following areas:
    (1) Cleveland Harbor and Lake Erie, north of Voinovich Park;
    (2) Rocky River and Lake Erie, west of the river entrance;
    (3) Lake Erie, North of Lakewood Park;
    (4) Black River (2 locations);
    (5) Mentor Harbor Beach, west bank of harbor entrance;
    (6) Ashtabula, north of Walnut Beach Park; and
    (7) Fairport Harbor, east of harbor entrance.
    The size of each safety zone was determined using National Fire 
Protection Association, local fire department standards.

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 this 
rule under that order. It is not significant under the regulatory 
policies and procedures of the Department of Homeland Security. We 
expect the economic impact of this proposed rule to be so minimal that 
a full Regulatory Evaluation under the regulatory policies and 
procedures of DHS is unnecessary.
    This determination is based on the short amount of time that 
vessels will be restricted from the zones, and the actual location of 
the safety zones within the waterways.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant 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.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of commercial 
vessels intending to transit a portion of an activated safety zone.
    These safety zones would not have a significant economic impact on 
a substantial number of small entities for the following reasons. The 
proposed zone is only in effect for few hours on the day of the event. 
Vessel traffic can safely pass outside the proposed safety zones during 
the events. In cases where recreational boat traffic congestion is 
greater than expected and consequently obstructs shipping channels, 
commercial traffic may be allowed to pass through the Safety Zone under 
Coast Guard escort with the permission of the Captain of the Port 
Cleveland. Before the effective period, the Coast Guard would issue 
maritime advisories available to users who may be impacted through 
notification in the Federal Register, the Ninth Coast Guard District 
Local Notice to Mariners, and through Marine Information Broadcasts. 
Additionally, the Coast Guard has not received any reports from small 
entities negatively affected during previous events.
    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 rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can

[[Page 15695]]

better evaluate its effects and participate in the rulemaking process. 
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 Marine Safety 
Office Cleveland (see 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) 
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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

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

    The Coast Guard has 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, 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

    The Coast Guard has 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 have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph 32(g) of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. A written 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, 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; Department of Homeland Security Delegation 
No. 0170.

    2. Add Sec.  165.919 to read as follows:


Sec.  165.919  Safety Zones; Annual fireworks events in the Captain of 
the Port Cleveland Zone.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) City of Cleveland 4th of July Fireworks Display, Cleveland, OH.
    (i) Location. All navigable waters of Cleveland Harbor and Lake 
Erie beginning at 41[deg]30.823' N, 081[deg]41.620' W (the northwest 
corner of Burke Lakefront Airport); continuing northwest to 
41[deg]31.176' N, 081[deg]41.884' W; then southwest to 41[deg]30.785' 
N, 081[deg]42.542' W; then southeast to 41[deg]30.450' N, 
081[deg]42.222' W (the northwest corner of dock 28 at the Cleveland 
Port Authority) then northeast back to the starting at 41[deg]30.443' 
N, 081[deg]42.215' W. All geographic coordinates are based upon North 
American Datum 1983 (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (2) Dollar Bank Jamboree Fireworks Display, Cleveland, OH.
    (i) Location. Same as (1)(i).
    (ii) Expected date. One Saturday evening in late July or August.
    (3) Browns Football Halftime Fireworks Display, Cleveland, OH.
    (i) Location. Same as (1)(i).
    (ii) Expected date. One Sunday afternoon during NFL football 
season.
    (4) Lakewood City Fireworks Display, Lakewood, OH.
    (i) Location. All waters and adjacent shoreline of Lake Erie 
bounded by the arc of a circle with a 500-yard radius with its center 
approximate position 41[deg] 29.755' N,081[deg] 47.780' W (off of 
Lakewood Park)(NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (5) Cleveland Yachting Club Fireworks Display, Rocky River, OH.
    (i) Location. All waters and adjacent shoreline of the Rocky River 
and Lake Erie bounded by the arc of a circle with a 200-yard radius 
with its center at Sunset Point on the western side of the mouth of the 
Rocky River in approximate position 41[deg]29.428' N, 081[deg]50.309' W 
(NAD 1983).
    (ii) Expected date. One day during the second or third week of 
July.
    (6) Lorain 4th of July Celebration Fireworks Display, Lorain, OH.
    (i) Location. The waters of Lorain Harbor bounded by the arc of a 
circle with a 300-yard radius with its center east of the harbor 
entrance on the end of the break wall near Spitzer's Marina in 
approximate position 41[deg]28.591' N, 082[deg]10.855' W (NAD 1983).
    (ii) Expected date. One day during the first week of July.
    (7) Lorain Port Fest Fireworks Display, Lorain, OH.
    (i) Location. All waters and adjacent shoreline of Lorain Harbor 
bounded by the arc of a circle with a 250-yard radius with its center 
at approximate position 41[deg]28.040' N, 082[deg]10.365' W.
    (ii) Expected date. One day during the third or fourth week of 
July.

[[Page 15696]]

    (8) Mentor Harbor Yacht Club Fireworks Display, Mentor, OH.
    (i) Location. All waters and adjacent shoreline of Lake Erie and 
Mentor Harbor bounded by the arc of a circle with a 200-yard radius 
with its center in approximate position 41[deg]43.200' N, 
081[deg]21.400' W (west of the harbor entrance)(NAD 1983).
    (ii) Expected date. One day during the first week of July.
    (9) Fairport Mardi Gras Fireworks Display, Fairport Harbor, OH.
    (i) Location. All waters and adjacent shoreline of Fairport Harbor 
and Lake Erie bounded by the arc of a circle with a 300-yard radius 
with its center east of the harbor entrance at Fairport Harbor Beach in 
approximate position 41[deg]45.500' N, 081[deg]16.300' W (NAD 1983).
    (ii) Expected date. One day during the first or second week of 
July.
    (10) Ashtabula Area Fireworks Display, Ashtabula, OH.
    (i) Location. All waters and adjacent shoreline of Lake Erie and 
Ashtabula Harbor bounded by the arc of a circle with a 300-yard radius 
with its center west of the harbor in approximate position 
41[deg]54.167' N, 080[deg]48.416' W (NAD 83).
    (ii) Expected date. One day during the first week of July.
    (b) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. 
Coast Guard vessel via siren, radio, flashing light, or other means, 
the operator shall proceed as directed.
    (3) Several of the safety zones in this regulation encompass 
portions commercial navigation channels but are not expected to 
adversely affect shipping. In cases where shipping is affected, 
commercial vessels may request permission from the Captain of the Port 
Cleveland to transit the safety zone. Approval will be made on a case-
by-case basis. Requests must be made in advance and approved by the 
Captain of the Port before transits will be authorized. The Captain of 
the Port may be contacted via the U.S. Coast Guard Patrol Commander 
(PAT COM) on Channel 16, VHF-FM.
    (c) Effective period. The Captain of the Port Cleveland will 
publish at least 5 days in advance a Notice in the Federal Register as 
well as in the Ninth Coast Guard District Local Notice to Mariners the 
dates and times this section is in effect.

    Dated: March 10, 2003.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 03-7805 Filed 3-31-03; 8:45 am]
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