[Federal Register Volume 68, Number 133 (Friday, July 11, 2003)]
[Rules and Regulations]
[Pages 41268-41269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17598]



[[Page 41268]]

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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, OH, July 9-14, 2003

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary Regulated 
Navigation Area (RNA) during the Huntington Cleveland Harborfest and a 
moving safety zone during 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 Harbor.

DATES: This rule is effective from 12 p.m. on Wednesday, July 9, 2003 
through 1 p.m. on Monday, July 14, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD09-03-206) and are available for 
inspection or copying at U.S. Coast Guard Marine Safety Office (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, Coast Guard MSO Cleveland (216) 937-0128.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On Wednesday, April 16, 2003, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled Regulated Navigation Area and 
Safety Zone; Huntington Cleveland Harborfest and Parade of Sail, 
Cleveland Harbor, Cleveland, OH in the Federal Register (68 FR 18579). 
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. Delaying the effective date of 
this rule would be contrary to the public interest of ensuring the 
safety of spectators and vessels during this event and immediate action 
is necessary to prevent possible loss of life or property. The Coast 
Guard has not received any complaints or negative comments with regard 
to this event.

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 tall ships and spectators from 
other vessels passing at excessive speed and creating large wakes. The 
RNA will also aid in preventing obstructed waterways.
    A moving Safety Zone will be established around the Parade of Sail 
during the transit through Cleveland Harbor and Lake Erie. Vessel 
congestion is expected, and the Safety Zone will ensure that spectator 
craft do not impede the path of the parade vessels.

Discussion of Rule

    The RNA will be established from 12 p.m. (noon) on Wednesday, July 
9, 2003 until 1 p.m. on Monday, July 14, 2003. The RNA will encompass 
Cleveland Harbor, between Dock 28 of Cleveland Port Authority and the 
western edge of Burke Lake Front Airport, and include the Inner Harbor. 
No vessel shall exceed 5 mph nor produce a wake within the RNA. Any 
vessel within the RNA shall not pass within 20 feet of a moored tall 
ship. Any vessel within the RNA must adhere to the direction of the 
Patrol Commander or other official patrol craft.
    On July 9, 2003, from 2 p.m. until the conclusion of the Parade of 
Sail, the moving Safety Zone will be established around and between all 
tall ships participating in the parade. The Safety Zone will extend 100 
yards ahead of the first vessel in the parade, 50 yards abeam each 
vessel and the line formed by the parade, and 50 yards astern of the 
last vessel 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. The parade will travel east through the 
harbor inside 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 parade will terminate once 
the vessels are moored. The Safety Zone will be in effect until the 
last vessel moors at approximately 6 p.m.

Regulatory Evaluation

    This rule is not ``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 the 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.
    We expect the economic impact of this temporary final 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 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 rule 
would not have a significant economic impact on a substantial number of 
small entities. 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 rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 41269]]

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) 
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.

Taking of Private Property

    This 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 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 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, 
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 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 rule and 
concluded that, under figure 2-1, paragraph 32(g) of Commandant 
Instruction M16475.1C, this 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.


0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From 12 p.m. on July 9, 2003 through 1 p.m. on July 14, 2003 add 
temporary Sec.  165.T09-206 to read as follows:


Sec.  165.T09-206  Regulated Navigation Area: Huntington Cleveland 
Harborfest, Cleveland, Ohio.

    (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. These coordinates are based upon 
North American Datum 1983 (NAD 83).
    (2) Enforcement period. This section is effective from 12 p.m. 
(noon) on Wednesday, July 9, 2003 through 1 p.m. on Monday, July 14, 
2003. Paragraph (a) of this section will be enforced during this 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. All coordinates are NAD 83.
    (2) Enforcement period. This rule is effective from 12 p.m. on 
Wednesday, July 9, 2003 through 1 p.m. on Monday, July 14, 2003. 
Paragraph (b) of this section enforced from 2 p.m. through 8 p.m., or 
until the conclusion of the parade when the last tall ship has moored, 
whichever is later, on Wednesday, July 9, 2003.
    (3) Regulations. All vessel operators shall comply with the 
instructions of the U.S. Coast Guard Captain of the Port Cleveland, 
Ohio, or his on scene representative, 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: July 1, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-17598 Filed 7-10-03; 8:45 am]
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