[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Proposed Rules]
[Pages 11564-11566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5466]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD09-03-233]
RIN 1625-AA08 [Previously AA00]


Special Local Regulations; Head of the Cuyahoga Regatta, 
Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: On July 16, 2003, the Coast Guard published a notice of 
proposed rulemaking (NPRM) requesting comments on the proposed safety 
zone for the annual Head of the Cuyahoga Rowing Regatta in Cleveland, 
Ohio. The Coast Guard received four letters with several substantive 
comments. Based upon the comments, a new final rule is being proposed 
under 33 CFR part 100, in lieu of a safety zone under part 165.

DATES: Comments and related material must reach the Coast Guard on or 
before April 26, 2004.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office Cleveland (CGD09-03-233), 1055 East Ninth Street, 
Cleveland, Ohio, 44114. Marine Safety Office Cleveland maintains the 
public docket for this rulemaking. 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-
233), 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

    On July 16, 2003, the Coast Guard published an NPRM in the Federal 
Register proposing a safety zone for the annual Head of the Cuyahoga 
Rowing Regatta event (68 FR 41982). The proposed safety zone was 
introduced to control vessel traffic within the immediate location of 
the regatta to ensure the safety of life and property on the navigable 
waters of the United States during the event. The Coast Guard received 
four comments in response to the July 16, 2003 NPRM.
    The first comment addressed the appropriate use of a safety zone 
for this event. The proposed safety zone restricted commercial vessel 
traffic on the Cuyahoga River during the event, with the exception of a 
two-hour window to allow for commercial transits. We agree that the use 
of a safety zone to restrict vessel traffic in the vicinity of a 
regatta is not the most appropriate type of waterway regulation for 
this event. Therefore, the safety zone will not be implemented. 
Alternatively, a proposal to manage vessel traffic using special local 
regulations under 33 CFR part 100 is presented below.
    The second comment addressed the two-hour window intended to 
facilitate commercial vessel traffic during the event. Commercial 
entities have determined that the two-hour window was insufficient for 
safe passage. We concur with this statement, and the two-hour window 
will be withdrawn. The event will now run continuous from 8 a.m. until 
3 p.m. The Coast Guard will provide sufficient notice to the public so 
commercial entities will have ample opportunity to schedule around the 
event.
    The third comment addressed the necessity of a Final Rule for this 
event, stating that a recurring temporary final rule would be 
advantageous to all parties involved because it would allow for 
comments each year. We disagree. There is no need to initiate a 
separate rulemaking process every time for this annual event. Since 
1996, this event has

[[Page 11565]]

been held annually and is expected to continue into the foreseeable 
future. The event sponsors will still be required to submit a marine 
event permit and the dates will be published annually. However, since 
the event is not temporary in nature, a permanent rule should be 
established. Furthermore, the final rule can be cancelled if there are 
any significant changes.
    The fourth comment stated that commercial vessel restrictions on 
the river during the event were necessary to ensure the safety of 
participants. We agree that vessel traffic on the Cuyahoga River must 
be managed to ensure safety of life and property on the navigable 
waters of the United States during this event. Using special local 
regulations under 33 CFR part 100 allows the Coast Guard to manage 
vessel traffic during the event and ensure safety of competitors, 
shells, and course markings from recreational and commercial vessels.

Discussion of Proposed Rule

    This proposed rule would establish special local regulations for an 
annual event on the third Saturday of September from 8 a.m. until 3 
p.m. We intend to maintain positive control over all vessel movement in 
the vicinity of the event, and therefore all vessels are required to 
obtain permission from the Coast Guard Patrol Commander prior to 
transiting the area.

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 Transportation (DOT) (44 
FR 11040, February 26, 1979). We expect the economic impact of this 
proposed rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DHS is 
unnecessary.
    The Coast Guard will publish full and adequate notice of the dates 
of the regatta, together with full and complete information of the 
special local regulations to ensure commercial entities have ample time 
to schedule around the event.

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 the regulated area.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons: The 
proposed special local regulations are only in effect for a few hours 
on the day of the event and the Coast Guard will provide full and 
adequate notice of the dates of the regatta, together with full and 
complete information of the special local regulations to ensure 
commercial entities have ample time to schedule around the event. 
Recreational vessels can safely pass through the regulated area under 
sponsor or Coast Guard escort.
    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 (Public Law 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 
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

[[Page 11566]]

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 
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(h) 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 100

    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 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; and Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  100.903 to read as follows:


Sec.  100.903  Head of the Cuyahoga Regatta, Cleveland, OH.

    (a) Regulated Area. All portions of the Cuyahoga River between a 
line drawn perpendicular to each riverbank at 41[deg]29'19'' N, 
81[deg]40'50'' W (Marathon Bend), to a line drawn perpendicular to each 
riverbank at 41[deg]29'56'' N, 81[deg]42'27'' W (confluence with the 
Old River). These coordinates are based upon North American Datum (NAD 
1983).
    (b) Enforcement Period. This section will be enforced annually on 
the third Saturday of September from 8 a.m. until 3 p.m. The Coast 
Guard will publish the dates annually.
    (c) Special Local Regulations. All vessels are prohibited from 
transiting the area without permission from Coast Guard Patrol 
Commander via VHF/FM Radio, Channel 16, to transit the area.

    Dated: February 23, 2004.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 04-5466 Filed 3-10-04; 8:45 am]
BILLING CODE 4910-15-P