[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Rules and Regulations]
[Pages 27836-27837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11148]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-04-009]
RIN 2115-AA00


Security Zone; Cleveland Harbor, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone in 
Cleveland's inner harbor for the Ninth District Commander's change of 
command ceremony. The security zone is necessary to ensure the security 
of dignitaries attending this ceremony on May 21, 2004. The security 
zone is intended to restrict vessels from a portion of Cleveland Harbor 
in Cleveland, Ohio.

DATES: This rule is effective from noon (local) until 3 p.m., May 21, 
2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD09-04-009] and are available for inspection or 
copying at the U.S. Coast Guard Marine Safety Office Cleveland, 1055 
East Ninth Street, Cleveland, Ohio 44114, between the hours of 7:30 
a.m. and 3:30 p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LT Allen Turner, U.S. Coast Guard 
Marine Safety Office 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. The exact date of the event 
was not known with sufficient time to allow for the publication of an 
NPRM followed by an effective date before the event. Any delay in the 
effective date of the event could pose unnecessary risks to those 
dignitaries attending the event.

Background and Purpose

    The security zone will encompass all waters of Cleveland Harbor 
south of a line drawn from the northeast corner of Voinovich Park 
(41[deg]30'40.5'' N, 081[deg]41'47.5'' W) to the northwest corner of 
Burke Lakefront Airport (41[deg]30'48.5'' N, 081[deg]41'37'' W). These 
coordinates are based upon North American Datum (NAD 1983).
    Entry into, transit through, or anchoring within this security zone 
is prohibited unless authorized by the Captain of the Port Cleveland or 
his designated on-scene representative. The designated on-scene 
representative will be the Coast Guard Patrol Commander. The Coast 
Guard Patrol Commander may be contacted via VHF Channel 16.

Regulatory Evaluation

    This 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).
    The security zone will only be in effect for a few hours on the day 
of the event and vessels may easily still transit inside the Cleveland 
Harbor breakwall.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic 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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities: The owners or 
operators of vessels intending to transit or anchor in this portion of 
Cleveland Harbor from noon (local) to 3 p.m. on May 21, 2004. This 
regulation will not have a significant economic impact for the 
following reasons. The regulation is only in effect for one day of the 
event. The designated area is being established to allow for maximum 
use of the waterway for commercial and recreational vessels. The Coast 
Guard will inform the public that the regulation is in effect via 
Marine Information Broadcasts.

Assistance for Small Entities

    Under Section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the U.S. Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls 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, Federalism, 
and have determined that this rule does not have implications for 
federalism under that Order.

[[Page 27837]]

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 rule will not affect 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 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulation 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(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 record 
keeping requirements, Security measures, Waterways.


0
For the reasons set out 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. A new temporary Sec.  165.T09-009 is added to read as follows:


Sec.  165.T09-009  Security Zone; Cleveland Harbor, Cleveland, Ohio.

    (a) Location. The following area is a security zone: All waters of 
Cleveland Harbor south of a line drawn from the northeast corner of 
Voinovich Park (41[deg]30'40.5'' N, 081[deg]41'47.5'' W) to the 
northwest corner of Burke Lakefront Airport (41[deg]30'48.5'' N, 
081[deg]41'37'' W) (NAD 83).
    (b) Effective time and date. This regulation is effective from noon 
(local) until 3 p.m. (local), on May 21, 2004.
    (c) Regulations. Entry into, transit through, or anchoring within 
the security zone is prohibited unless authorized by the Captain of the 
Port Cleveland or the Coast Guard Patrol Commander.

    Dated: April 20, 2004.
L.W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 04-11148 Filed 5-14-04; 8:45 am]
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