[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Proposed Rules]
[Pages 17627-17629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6952]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-05-005]
RIN 1625-AA00


Safety Zone; Cleveland Triathlon, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish an annual safety zone 
for the Cleveland Triathlon located in the Captain of the Port 
Cleveland Zone. This safety zone will manage vessel traffic in order to 
provide for the safety of life and property on navigable waters during 
the event. Entry of vessels or persons into this zone would be 
prohibited unless specifically authorized by the Coast Guard Captain of 
the Port or their on-scene representative.

DATES: Comments and related material must reach the Coast Guard on or 
before May 9, 2005.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office Cleveland (CGD09-05-005), 1055 East 9th Street, 
Cleveland, OH 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 will be 
available for inspection or copying at 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 (CGD09-05-
005), 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 
your submission reached us, please enclose 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 now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Coast Guard Marine Safety Office 
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

    This safety zone is necessary to protect the participants in the 
Cleveland Triathlon, held annually on the third Sunday of July, from 
hazards associated with swimming in close proximity to recreational 
watercraft in Cleveland Harbor off of Voinovich Park in Cleveland, OH. 
The Captain of the Port has determined that this event poses a threat 
to the participants as well as spectator vessels due to the hazards 
associated with these events. The Captain of the Port has determined 
that

[[Page 17628]]

swimming in close proximity to watercraft poses a risk to safety and 
property.
    The combination of large numbers of inexperienced recreational 
boaters, congested waterways, and the use of commercially transited 
waterways could easily result in serious injuries or fatalities.
    Establishing a safety zone by notice and comment rulemaking gives 
the public an opportunity to comment on the proposed zone and provides 
better notice than promulgating temporary final rules each year.

Discussion of Proposed Rule

    The Coast Guard is proposing a safety zone in Cleveland Harbor, 
Cleveland, Ohio. The Safety would be enforced from 5 a.m. until 11 a.m. 
each year on the third Sunday in July. The safety zone would encompass 
all waters in Cleveland Harbor, to include the North Coast Harbor, 
originating at a line drawn from Pier 32, at position 41[deg]30'36'' N, 
081[deg]42'56'' W, extending to position 41[deg]30'43'' N, 
081[deg]42'03'' W, thence to Buoy 11 (LLNR 4135) at position 
41[deg]30'49'' N, 081[deg]41'53'' W in Cleveland Harbor, thence to the 
Northeast corner of Municipal Pier at position 41[deg]30'43'' N, 
081[deg]41'47'' W. These coordinates are based upon North American 
Datum 1983 (NAD 83).
    The Coast Guard would notify the public in advance by way of Ninth 
Coast Guard District Local Notice to Mariners, marine information 
broadcasts, and for those who request it from Marine Safety Office 
Cleveland, by facsimile.

Regulatory Evaluation

    This proposed 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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    This determination is based upon the size and location of the 
safety zone within the waterway. Commercial vessels will not be 
hindered by the safety zone, as only a portion of the East Basin 
channel is restricted. Recreational vessels may transit through the 
safety zone with permission from the COTP Cleveland or his designated 
on-scene patrol commander.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
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 vessels intending to 
transit or anchor in a portion of the East Basin of Cleveland Harbor.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: 
Although the safety zone restricts the movement of vessels through a 
navigable channel, commercial vessels will be able to transit along the 
northern edge of the zone and all other recreational vessels will be 
able to transit the zone with the permission of the COTP Cleveland or 
his designated on-scene Patrol Commander. Before the effective period, 
the Coast Guard will issue maritime advisories to users who may be 
impacted through notification in the Federal Register, the Ninth 
District Coast Guard District Local Notice to Mariners, and through 
Marine Information Broadcasts and when requested by facsimile.
    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Allen Turner, U.S. 
Coast Guard Marine Safety Office Cleveland, 1055 East 9th Street, 
Cleveland, OH 44114.

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

    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 proposed 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 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 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive

[[Page 17629]]

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. We 
invite your comments on how this proposed rule might impact tribal 
government, even if that impact may not constitute a ``tribal 
implication'' under that Order.

Energy Effects

    We have analyzed this proposed 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. 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.

Environment

    We have analyzed this proposed 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 made a preliminary determination 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation.
    Event participants swimming in the water pose no inherent risk to 
the surrounding environment, and a safety zone is needed to protect the 
participants. Under figure 2-1, paragraph (34)(g), of the Instruction, 
an ``Environmental Analysis Check List'' is not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.

    2. Add Sec.  165.922 to read as follows:


165.922   Safety Zone; Cleveland Triathlon Swimming Event in the 
Captain of the Port Cleveland Zone.

    (a) Location. The following area is a safety zone:
    (1) All waters in Cleveland Harbor, to include the North Coast 
Harbor, originating at a line drawn from Pier 32, at position 
41[deg]30'36'' N, 081[deg]42'56'' W, extending to position 
41[deg]30'43'' N, 081[deg]42'03'' W, thence to Buoy 11 (LLNR 4135) at 
position 41[deg]30'49'' N, 081[deg]41'53'' W in Cleveland Harbor, 
thence to the Northeast corner of Municipal Pier at position 
41[deg]30'43'' N, 081[deg]41'47'' W. These coordinates are based upon 
North American Datum 1983 (NAD 83).
    (b) Enforcement Period. This safety zone will be enforced from 5 
a.m. (local) until 11 a.m., annually on the third Sunday of July.
    (c) Regulations. No vessel shall enter the safety zone. Permission 
to deviate from the above rules must be obtained from the Captain of 
the Port or the on-scene Coast Guard Patrol Commander via VHF/FM radio, 
Channel 16 or by telephone at 216-937-0111.

    Dated: March 28, 2005.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 05-6952 Filed 4-6-05; 8:45 am]
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