[Federal Register Volume 69, Number 145 (Thursday, July 29, 2004)]
[Rules and Regulations]
[Pages 45257-45258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17323]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-04-095]
RIN 1625-AA87


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 for 
the 2004 International Children's Games--Festivities and Barbeque. The 
security zone is necessary to ensure the security of the people 
attending this event on July 29, 2004. The security zone will restrict 
vessels from the North Coast Harbor and portions of Cleveland Harbor.

DATES: This rule is effective from 9 a.m. (local) until 11 p.m. 
(local), Thursday, July 29, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD09-04-095] 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 permit application was not 
received in time to publish an NPRM followed by a final rule before the 
2004 International Children's Games-Festivities and Barbeque takes 
place. Under 5 U.S.C. 553(d)(3), good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register. 
Publication of a notice of proposed rulemaking and delay of effective 
date would be contrary to the public interest because immediate action 
is necessary to prevent possible loss of life, injury, or damage to 
property.

Background and Purpose

    The following area is a security zone: All waters located within 
300 feet of Voinovich Park and East 9th Street Pier, to include the 
entire Rock and Roll Inner Harbor.
    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 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 limited time 
that the security zone will be in effect, and the extensive advance 
notice that will be made to the maritime community via Local Notice to 
Mariners, facsimile, and marine safety information broadcasts. This 
regulation is tailored to impose a minimal impact on maritime interests 
without compromising security.

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 recreational or 
commercial vessels intending to transit a portion of the activated 
security zone.
    This security zone would not have a significant economic impact on 
a substantial number of small entities for the following reasons: The 
proposed zone is only in effect for the duration of the event. Before 
enforcing the security zone, the Coast Guard will issue maritime 
advisories available to users who may be impacted through notification 
in the Federal Register, Local Notice to Mariners, facsimile, and 
marine safety information broadcasts.
    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).
    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

[[Page 45258]]

annually and rates each agency's responsiveness to small business. If 
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247).

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This rule would 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

    We have 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

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Coast Guard has 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. The administrator of the Office of 
Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
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 a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. This rule fits the category from paragraph 
(34)(g) because it establishes a security zone. Under figure 2-1, 
paragraph (34)(g), of the Instruction, an ``Environmental Analysis 
Check List'' and a ``Categorical Exclusion Determination'' are not 
required for this rule.

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 Sec.  165.T09-095 to read as follows:


Sec.  165.T09-095  Security Zone; 2004 International Children's Games-
Festivities and Barbeque, Cleveland, OH.

    (a) Location. The following area is a security zone: All waters 
located within 300 feet of Voinovich Park and East 9th Street Pier, to 
include the entire Rock and Roll Inner Harbor.
    (b) Effective period. This section is effective from 9 a.m. (local) 
until 11 p.m. (local) on Thursday, July 29, 2004.
    (c) Regulations. 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.

    Dated: July 20, 2004.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 04-17323 Filed 7-28-04; 8:45 am]
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