[Federal Register Volume 68, Number 73 (Wednesday, April 16, 2003)]
[Proposed Rules]
[Pages 18579-18581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9358]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-206]
RIN 1625-AA00
RIN 1625-AA11


Regulated Navigation Area and Safety Zone; Huntington Cleveland 
Harborfest and Parade of Sail, Cleveland Harbor, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary regulated 
navigation area during the Huntington Cleveland Harborfest, and a 
moving safety zone for the Parade of Sail in the Port of Cleveland, 
Ohio. These regulations are necessary to manage vessel traffic and 
ensure the safety of both spectators and participant vessels. These 
regulations are intended to restrict vessel traffic from a portion of 
Lake Erie in the vicinity of Cleveland, Ohio.

DATES: Comments must reach the Coast Guard on or before May 10, 2003.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Marine Safety Office (MSO) Cleveland, 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 MSO Cleveland between 8 a.m. and 3:30 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Allen Turner, Chief, Port 
Operations Department, MSO 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-
206), 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 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 Huntington Cleveland Harborfest, tall ships will moor in 
Cleveland Harbor at the Cleveland Port Authority and along Cleveland's 
Inner Harbor. A regulated navigation area (RNA) will be established 
inside Cleveland's break wall to protect those boarding the tall ships 
and spectator vessels from vessels transiting at excessive speeds 
creating large wakes, and also to prevent obstructed waterways.
    A moving safety zone will be established around the Parade of Sail 
during the transit through Cleveland Harbor and Lake Erie in the 
vicinity of Cleveland, Ohio. A large number of spectator craft is 
expected which would result in congestion, the safety zone will ensure 
that spectator craft do not impede the path of the parade vessels.

Discussion of Proposed Rule

    The RNA would be established from 12 p.m. on Wednesday, July 9, 
2003, until 1 p.m. on Monday, July 14, 2003. The RNA would encompass 
all of Cleveland Harbor between a perpendicular line drawn from Dock 28 
of Cleveland Port Authority across the breakwall; and a perpendicular 
line drawn from the northwestern edge of Burke Lake Front Airport 
across to the breakwall. Within the RNA, no vessel shall exceed 5 mph 
nor produce a wake. Any vessel within the RNA shall not pass within 50 
feet of a moored tall ship. Any vessel within the RNA must adhere to 
the direction of the Captain of the Port or the on scene representative 
who will be the Patrol Commander.
    On July 9, 2003, from 2 p.m. until the 8 p.m. the Parade of Sail, a 
moving safety zone would be established around all tall ships 
participating in the parade. The safety zone would extend 100 yards in 
all directions of each vessel officially participating in the parade. 
The parade will begin approximately 2 miles northwest of Cleveland 
Harbor inlet and pass through Cleveland Harbor via the main entrance 
channel. After coming through the main entrance, the parade will travel 
east down the inner harbor to the eastern end of the break wall and 
exit through the eastern inlet. The parade will turn around in Lake 
Erie east of the harbor, and then reenter the harbor through the 
eastern inlet of the break wall south of the original track. The safety 
zone will be in effect until the last vessel moors at approximately 8 
p.m.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 
Homeland Security (DHS).
    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.

[[Page 18580]]

    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.
    This safety zone 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 zone 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 with 
the permission of the Captain of the Port Cleveland. Before the 
effective period, the Coast Guard will issue maritime advisories to 
users who might be impacted through notification in the Ninth Coast 
Guard District Local Notice to Mariners, and through Marine Information 
Broadcasts. The Coast Guard has not received any reports from small 
entities negatively affected during previous similar 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 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, 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 temporary Sec.  165.T09-206 to read as follows:


Sec.  165.T09-206  Huntington Cleveland Harborfest and Parade of Sail.

    (a) Regulated navigation area. (1) Location. All waters of 
Cleveland Harbor, including the Inner Harbor, encompassed by a line 
starting at 41[deg]30'49.38'' N, 081[deg]41'37.2'' W (northwest corner 
of Burke Lakefront Airport); then northwest to 41[deg]31'1.2'' N, 
081[deg]41'49.2 W; then southwesterly following the breakwall to 
41[deg]30'41.4'' N, 081[deg]42'25.2'' W; then southeasterly to 
41[deg]30'27'' N, 081[deg]42'13.3 W (extending directly across the 
harbor from the northwestern corner of Dock 28 of the Cleveland Port 
Authority to the breakwall); then following the contours of the 
waterfront back to the point of origin including all portions of the 
Rock and Roll Museum inner harbor. All coordinates are North American 
Datum 1983.

[[Page 18581]]

    (2) Enforcement period. This section is effective from 12 p.m. on 
Wednesday, July 9, 2003 through 1 p.m. on Monday, July 14, 2003. The 
section is effective during that same period.
    (3) Special regulations. Vessels within the regulated navigation 
area (RNA) shall not exceed 5 miles per hour or shall proceed at no-
wake speed, which ever is slower. Vessels within the RNA shall not pass 
within 20 feet of a moored tall ship. Vessels within the RNA must 
adhere to the direction of the Patrol Commander or other official 
patrol craft.
    (b) Safety zone.--(1) Location. The following is a moving safety 
zone: All navigable waters and adjacent shoreline 100 yards ahead of 
the first official parade vessel, 50 yards abeam of each parade vessel, 
and 50 yards astern of the last vessel in the parade between the muster 
point at 41[deg]31'30'' N, 081[deg]45'00'' W until each official parade 
vessel is moored.
    (2) Enforcement period. This section is effective from 12 p.m. on 
Wednesday, July 9, 2003 through 1 p.m. on Monday, July 14, 2003. 
Paragraph (b)(1) of this section will be enforced from 2 p.m. until 8 
p.m. on Wednesday, July 9, 2003.
    (c) Regulations. All vessel operators shall comply with the 
instructions of the U.S. Coast Guard Captain of the Port Cleveland or 
his on-scene representative which will be the Patrol Commander. 
Permission to deviate from the above rules must be obtained from the 
Captain of the Port or the Patrol Commander via VHF/FM radio, Channel 6 
or by telephone at (216) 937-0111.

    Dated: April 2, 2003.
Ronald F. Silva,
Rear Admiral, Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-9358 Filed 4-15-03; 8:45 am]
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