[Federal Register Volume 68, Number 135 (Tuesday, July 15, 2003)]
[Rules and Regulations]
[Pages 41719-41721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17835]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-232]
RIN 1625-AA00


Safety Zone; Red Bull Wings Over Cleveland, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish two safety zones during the Red 
Bull Wings Over Cleveland in Lake Erie and the Port of Cleveland, Ohio. 
These safety zones are necessary to control vessel traffic within the 
immediate vicinity of both barges to protect competitors and course 
obstacles (wind blades and landing zone markers) from excessive speed 
and wakes, and to prevent interference with the competition. These 
safety zone are intended to restrict vessel traffic from a portion of 
Cleveland Harbor, Lake Erie.

DATES: This rule is effective from 7 a.m. on Thursday, July 31, 2003 
through 9 p.m. on Saturday, August 2, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD09-03-232 and are 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, Chief Port 
Operations Department, Coast Guard MSO Cleveland at (216) 937-0128.

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. This determination was based 
on the size and location of the safety zones within the waterways, and 
vessels can still transit around the safety zones. More importantly, 
publishing an NPRM, which would incorporate a comment period before a 
final rule could be issued, and delaying the rule's effective date is 
contrary to public safety because immediate action is necessary to 
protect the public, spectators and participants in the event.
    For the same reasons, 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.

Background and Purpose

    Red Bull Wings Over Cleveland is an aerial paragliding and 
skydiving competition over Cleveland Harbor. Competitors will launch 
from either a barge moored approximately one mile off Voinovich Park in 
Lake Erie, or from an airplane, and attempt to land on another barge 
moored approximately 100 ft off Voinovich Park. A safety zone will be 
established around both barges to protect competitors and course 
obstacles (wind blades and landing zone markers) from excessive speed 
and wakes, and to prevent interference with the competition.

Discussion of Proposed Rule

    The safety zones will be established from 7 a.m. on Thursday, July 
31, 2003 until 9 p.m. on Saturday, August 2, 2003. The safety zones 
will be established around the two barges used for the competition. No 
vessel shall enter the safety zone without the permission of the COTP 
or the on-scene representative, the Patrol Commander.

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 this rule 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 size and 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

[[Page 41720]]

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.
    This 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 the safety zones.
    These safety zones would not have a significant economic impact on 
a substantial number of small entities for the following reasons: The 
safety zones do not block a navigable channel and vessels can safely 
transit around the safety zones. Before the effective period, the Coast 
Guard will issue maritime advisories to users who might 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 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 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 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 under 
Commandant Instruction M16475.1C, which guides the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321-4370f), and have concluded that there are no factors in 
this case that would limit the use of categorical exclusion under 
Section 2.B.2 of the Instruction. Therefore, this rule is categorically 
excluded under Figure 2-1, paragraph 35(a) of the Instruction, 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; 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 7 a.m. on July 31, 2003 through 9 p.m. on August 2, 2003 add 
temporary Sec.  165.T09-232 to read as follows:


Sec.  165.T09-232  Safety Zones; Red Bull Wings Over Cleveland, 
Cleveland, OH.

    (a) Location. The following areas are safety zones:
    (1) All waters of Cleveland Harbor bounded by the arc of a circle 
with a 200-yard radius with its center at approximate position 
41[deg]30'41'' N, 081[deg]41'51'' W. These coordinates are based upon 
North American Datum 1983 (NAD 83).
    (2) All waters of Lake Erie bounded by the arc of a circle with a 
200-yard radius with its center at approximate position 41[deg]31'23'' 
N, 081[deg]42'30'' W (NAD 83).
    (b) Enforcement period. This section will be in effect from 7 a.m. 
on Thursday, July 31, 2003 until 9 p.m. on Saturday, August 2, 2003.
    (c) Regulations. No vessel shall enter the safety zones. Permission 
to deviate from the above rules must be obtained from the Captain of 
the Port or the

[[Page 41721]]

Patrol Commander via VHF/FM radio, Channel 16 or by telephone at (216) 
937-0111.

    Dated: July 2, 2003.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 03-17835 Filed 7-14-03; 8:45 am]
BILLING CODE 4910-15-P