[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Rules and Regulations]
[Pages 49704-49706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21086]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-258]
RIN 1625-AE11


Regulated Navigation Area; 2003 Gravity Games, Cleveland Harbor, 
Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish a temporary Regulated 
Navigation Area (RNA) during the 2003 Gravity Games in the Port of 
Cleveland, Ohio. This regulation is necessary to manage vessel traffic 
in a portion of Cleveland Harbor. This regulation is intended to 
restrict vessel traffic from a portion of Lake Erie.

DATES: This rule is effective from 12 p.m. on Saturday, September 6, 
2003 until 12 p.m. on Monday, September 15, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD09-03-258 and are available for 
inspection or copying at Coast Guard MSO Cleveland

[[Page 49705]]

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) and under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for not publishing an NPRM and 
for making this rule effective less than 30 days after publication in 
the Federal Register. The permit application was not received in time 
to publish an NPRM followed by a final rule before the effective date. 
Delaying 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 
previously with regard to this event.

Background and Purpose

    During the 2003 Gravity Games, the Wakeboard Competition will take 
place in Cleveland Harbor north of Voinovich Park. A regulated 
navigation area (RNA) will be established inside Cleveland's break wall 
to protect competitors and course obstacles (jumps, rails, etc.) from 
excessive speed and wakes, and to prevent interference with the 
competition.

Discussion of Rule

    The RNA will be established from 12 p.m. on Saturday, September 6, 
2003 until 12 p.m. on Monday, September 15, 2003. The RNA will 
encompass Cleveland Harbor, between Dock 28 of Cleveland Port Authority 
and the western edge of Burke Lake Front Airport, to include the Rock 
and Roll Museum Inner Harbor. No vessel shall exceed 5 mph nor produce 
a wake within the RNA. Any vessel within the RNA shall not pass within 
50 feet of a moored obstacle. Any vessel within the RNA shall not enter 
the Rock and Roll Museum inner harbor. Any vessel within the RNA must 
adhere to the direction of the Patrol Commander or other official 
patrol craft. No vessel shall transit the RNA during the Wakeboard 
Competition without permission from 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 rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10(e) of the regulatory 
policies and procedures of DHS is unnecessary.
    This determination was based on the actual location of the RNA 
within the waterways, since vessels can transit north of the harbor 
break wall to reach the Main Entrance Channel or easternmost entrance 
channel. Vessels will also be allowed to transit through the RNA with 
permission from the Patrol Commander.

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.
    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 RNA.
    This RNA would not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic can safely pass north of the break wall, outside the RNA, 
during the competitions. 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 RNA 
under Coast Guard escort with the permission of the Patrol Commander. 
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.

[[Page 49706]]

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, 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. Add temporary Sec.  165.T09-258 to read as follows:


Sec.  165.T09-258  Regulated Navigation Area; 2003 Gravity Games, 
Cleveland, Ohio.

    (a) Regulated navigation area. All waters of Cleveland Harbor, 
including the Inner Harbor, encompassed by a line starting at 
41[deg]30'49'' N, 081[deg]41'37'' W (northwest corner of Burke 
Lakefront Airport); then northwest to 41[deg]31'02'' N, 081[deg]41'49'' 
W; then southwesterly following the break wall to 41[deg]30'41'' N, 
081[deg]42'26'' W; then southeasterly to 41[deg]30'27'' N, 
081[deg]42'13'' W (extending directly across the harbor from the 
northwestern corner of Dock 28 of the Cleveland Port Authority to the 
break wall); 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).
    (b) Effective period. This section will be in effect from 12 p.m. 
EST on Saturday, September 6, 2003 through 12 p.m. EST on Monday, 
September 15, 2003.
    (c) Special regulations. (1) 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; and maintain headway 
conditions permitting.
    (2) Vessels within the RNA shall not pass within 50 feet of a 
moored obstacle.
    (3) Vessels within the RNA shall not enter the Rock and Roll Museum 
inner harbor.
    (4) Vessels within the RNA must adhere to the direction of the 
Patrol Commander or other official patrol craft.
    (5) No vessel shall transit the RNA during the Wakeboard 
Competition without permission from the Patrol Commander.
    (6) 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: August 8, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-21086 Filed 8-18-03; 8:45 am]
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