[Federal Register Volume 69, Number 140 (Thursday, July 22, 2004)]
[Rules and Regulations]
[Pages 43748-43751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16651]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-202]
RIN 1625-AA00


Safety Zones; Northeast Ohio

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing safety zones for annual 
fireworks displays located in Northeast Ohio. These regulations are 
needed to manage vessel traffic in Northeast Ohio during each event to 
protect life and property.

DATES: This rule is effective from July 1, 2004.

ADDRESSES: 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. (local) and 3:30 p.m. 
(local), 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.

[[Page 43749]]


SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On April 1, 2003, we published a notice of public rulemaking 
entitled Safety Zones: Northeast Ohio in the Federal Register (68 FR 
62). No comments on the proposed rule were received. 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 since we 
received no public comment, and the zones are needed immediately to 
protect life and property.

Background and Purpose

    A total of eight permanent safety zones are being established in 
Northeast Ohio for annual firework displays. The safety zones will be 
enforced only during a firework display at their respective location. 
There are a total of ten separate annual firework events in Northeast 
Ohio.

Discussion of Rule

    The safety zones will be enforced around the launch site in the 
following areas:
    (1) Cleveland Harbor and Lake Erie, north of Voinovich Park;
    (2) Rocky River and Lake Erie, west of the river entrance;
    (3) Lake Erie, North of Lakewood Park;
    (4) Black River (2 locations);
    (5) Mentor Harbor Beach, west bank of harbor entrance;
    (6) Ashtabula, north of Walnut Beach Park; and
    (7) Fairport Harbor, east of harbor entrance.
    The size of each safety zone was determined using National Fire 
Protection Association and local fire department standards.

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 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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule may affect the following entities, some of which might be 
small entities: The owners or operators of commercial vessels intending 
to transit a portion of a safety zone.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
zones will only be enforced for a few hours on the day of the event. 
Vessel traffic can safely pass outside the safety zones during the 
events. In cases where recreational boat traffic congestion is greater 
than expected and consequently obstructs shipping channels, the Captain 
of the Port or the Patrol Commander may permit commercial traffic to 
pass through the safety zone. Before the enforcement period, the Coast 
Guard will issue maritime advisories available to users who may be 
impacted through notification in the Federal Register, the Ninth Coast 
Guard District Local Notice to Mariners, Marine Information Broadcasts 
and posted signs on barges or at launch sites labeled ``FIREWORKS-STAY 
AWAY''. Additionally, the Coast Guard has not received any reports from 
small entities negatively affected during previous 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 (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 will 
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 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 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 does not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule does 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 does not have a substantial direct effect on one or more 
Indian

[[Page 43750]]

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 34(g) of Commandant 
Instruction M16475.1D, 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, Security measures, 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 Sec.  165.202 to read as follows:


Sec.  165.202  Safety Zones: Annual fireworks Events in the Captain of 
the Port Cleveland Zone.

    (a) Safety zones. The following areas are designated safety zones:
    (1) City of Cleveland 4th of July Fireworks Display, Cleveland, OH: 
All navigable waters of Cleveland Harbor and Lake Erie beginning at 
41[deg]30.823' N, 081[deg]41.620' W (the northwest corner of Burke 
Lakefront Airport); continuing northwest to 41[deg]31.176 N, 
081[deg]41.884' W; then southwest to 41[deg]30.810' N, 081[deg]42.515' 
W; then southeast to 41[deg]30.450' N, 081[deg]42.222' W (the northwest 
corner of dock 28 at the Cleveland Port Authority) then northeast back 
to the starting point at 41[deg]30.443' N, 081[deg]41.620' W. All 
geographic coordinates are based upon North American Datum 1983 (NAD 
1983).
    (2) Dollar Bank Jamboree Fireworks Display, Cleveland, OH: All 
navigable waters of Cleveland Harbor and Lake Erie beginning at 
41[deg]30.823' N, 081[deg]41.620' W (the northwest corner of Burke 
Lakefront Airport); continuing northwest to 41[deg]31.176 N, 
081[deg]41.884' W; then southwest to 41[deg]30.810' N, 081[deg]42.515' 
W; then southeast to 41[deg]30.450' N, 081[deg]42.222' W (the northwest 
corner of dock 28 at the Cleveland Port Authority) then northeast back 
to the starting point at 41[deg]30.443' N, 081[deg]41.620' W (NAD 
1983).
    (3) Browns Football Halftime Fireworks Display, Cleveland, OH: All 
navigable waters of Cleveland Harbor and Lake Erie beginning at 
41[deg]30.823' N, 081[deg]41.620' W (the northwest corner of Burke 
Lakefront Airport); continuing northwest to 41[deg]31.176 N, 
081[deg]41.884' W; then southwest to 41[deg]30.810' N, 081[deg]42.515' 
W; then southeast to 41[deg]30.450' N, 081[deg]42.222' W (the northwest 
corner of dock 28 at the Cleveland Port Authority) then northeast back 
to the starting point at 41[deg]30.443' N, 081[deg]41.620' W (NAD 
1983).
    (4) Lakewood City Fireworks Display, Lakewood, OH: All waters and 
adjacent shoreline of Lake Erie bounded by the arc of a circle with a 
500-yard radius with its center approximate position 41[deg]29.755' N, 
081[deg]47.780' W (off of Lakewood Park) (NAD 1983).
    (5) Cleveland Yachting Club Fireworks Display, Rocky River, OH: All 
waters and adjacent shoreline of the Rocky River and Lake Erie bounded 
by the arc of a circle with a 200-yard radius with its center at Sunset 
Point on the western side of the mouth of the Rocky River in 
approximate position 41[deg]29.428' N, 081[deg]50.309' W (NAD 1983).
    (6) Lorain 4th of July Celebration Fireworks Display, Lorain, OH: 
The waters of Lorain Harbor bounded by the arc of a circle with a 300-
yard radius with its center east of the harbor entrance on the end of 
the break wall near Spitzer's Marina in approximate position 
41[deg]28.591' N, 082[deg]10.855' W (NAD 1983).
    (7) Lorain Port Fest Fireworks Display, Lorain, OH: All waters and 
adjacent shoreline of Lorain Harbor bounded by the arc of a circle with 
a 250-yard radius with its center at approximate position 
41[deg]28.040' N, 082[deg]10.365' W (NAD 1983).
    (8) Mentor Harbor Yacht Club Fireworks Display, Mentor, OH: All 
waters and adjacent shoreline of Lake Erie and Mentor Harbor bounded by 
the arc of a circle with a 200-yard radius with its center in 
approximate position 41[deg]43.200' N, 081[deg]21.400' W (west of the 
harbor entrance) (NAD 1983).
    (9) Fairport Mardi Gras Fireworks Display, Fairport Harbor, OH: All 
waters and adjacent shoreline of Fairport Harbor and Lake Erie bounded 
by the arc of a circle with a 300-yard radius with its center east of 
the harbor entrance at Fairport Harbor Beach in approximate position 
41[deg]45.500' N, 081[deg]16.300' W (NAD 1983).
    (10) Ashtabula Area Fireworks Display, Ashtabula, OH: All waters 
and adjacent shoreline of Lake Erie and Ashtabula Harbor bounded by the 
arc of a circle with a 300-yard radius with its center west of the 
harbor in approximate position 41[deg]54.167' N, 080[deg]48.416' W (NAD 
1983).
    (b) Notification. Captain of the Port Cleveland will cause notice 
of the enforcement of these safety zones to be made by all appropriate 
means to effect the widest publicity among the affected segments of the 
public, including publication on the local notice to mariners, marine 
information broadcasts, and facsimile. Fireworks barges used in these 
locations will also have a sign on their port and starboard side 
labeled ``FIREWORKS-STAY AWAY''. This sign will consist of 10[sec] high 
by 1.5[sec] wide red lettering on a white background. Shore sites used 
in these locations will display a sign labeled ``FIREWORKS-STAY AWAY'' 
with the same dimensions.
    (c) Enforcement period. This section will be enforced from 6 p.m. 
(local) to 1 a.m. (local) each day a barge with ``FIREWORKS-STAY AWAY'' 
sign on the port and starboard side is on-scene or a ``FIREWORKS-STAY 
AWAY'' sign is posted in a location listed in paragraph (a) of this 
section. Vessels may enter, remain in, or transit through these safety 
zones during this time frame if authorized by the Captain of the Port 
Cleveland or the designated Coast Guard Patrol Commander on scene.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the

[[Page 43751]]

designated on scene Patrol Commander. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, 
flashing light, or other means, the operator shall proceed as directed.
    (3) Several of the safety zones in this regulation encompass 
portions commercial navigation channels but are not expected to 
adversely affect shipping. In cases where shipping is affected, 
commercial vessels may request permission from the Patrol Commander or 
Captain of the Port to transit the safety zone. Approval will be made 
on a case-by-case basis. Requests must be made in advance and approved 
by the Captain of the Port before transits will be authorized. The 
Captain of the Port may be contacted via the U.S. Coast Guard Patrol 
Commander (PAT COM) on Channel 16, VHF-FM.

    Dated: June 21, 2004.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 04-16651 Filed 7-21-04; 8:45 am]
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