[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Rules and Regulations]
[Pages 6976-6978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1254]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-002]
RIN 1625-AA00


Safety Zone; Cuyahoga River, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
installing the West Third Street Bridge on the Cuyahoga River. The 
safety zone is limited to the area surrounding the bridge span during 
the installment process. The safety zone is necessary to ensure the 
safety of those working on the bridge. All other portions of the 
Cuyahoga River are unaffected. If the installment process is completed 
ahead of schedule this safety zone will be canceled immediately and 
notices made to the public by means of Local Notice to Mariners 
Broadcasts.

DATES: This rule is effective from 7 a.m. (local) Wednesday, February 
1, 2006 through 1 p.m. (local) on Tuesday, February 28, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are parts of docket [CGD09-06-002] and are available for 
inspection or copying at the U.S. Coast Guard Marine Safety Unit 
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 Nichol Starr, U.S. Coast Guard 
Marine Safety Unit 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 timing of this 
construction evolution did not allow sufficient time for the 
publication of an NPRM followed by an effective

[[Page 6977]]

date before the event. 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. Delaying this rule would be 
contrary to the public interest of ensuring the safety of work crews, 
vessels and the general public during this event, and immediate action 
is necessary to prevent possible loss of life or property.

Background and Purpose

    This safety zone is necessary and intended to manage vessel traffic 
in order to provide for the safety of life and property on the Cuyahoga 
River during the West Third Street Bridge Replacement process. The 
Captain of the Port has determined that this evolution poses a threat 
to vessel operators due to the navigational risks associated with the 
replacement process. The Captain of the Port has determined that 
vessels operating in close proximity to the tug and barge replacing the 
bridge span pose a risk to safety and property.

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 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 paragraph 10(e) of the regulatory 
policies and procedures of DHS is unnecessary.
    This determination is based on the time that the safety zone will 
be in effect, schedules from the Great Lakes Commercial Shipping 
Agents, and that advance notice will be made to the maritime community 
via Local Notice to Mariners and marine safety information broadcasts. 
This regulation is tailored to impose a minimal impact on maritime 
interests without compromising safety.

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 commercial vessels 
intending to transit a portion of the activated safety zone.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
U.S. Coast Guard has made agreements between the Lake Carriers 
Association, Canadian Steamship Association and the local businesses so 
as not to interrupt commerce. All parties mentioned agree that this 
safety zone will not impede commerce. Businesses affected are not 
planning on receiving any goods during this period from commercial 
vessels. All navigable waters above and below the safety zone are open 
to navigation. Before the activation of the safety zone, the Coast 
Guard will issue maritime advisories available to users who may be 
impacted through Local Notice to Mariners, facsimile, and marine safety 
information broadcasts. Additionally, the Coast Guard has not received 
any reports from small entities that will be negatively affected.
    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 (Pub. L. 104-121), we offered 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 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 
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 
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

    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

[[Page 6978]]

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 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.

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 procedure; and related management 
system 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 M16475.1D, 
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 
Commandant Instruction M16475.1D, from further environmental 
documentation.
    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether the 
rule should be categorically excluded from further review.

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 proposes to 
amend 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.T09-002 to read as follows:


Sec.  165.T09-002  Safety Zone; West Third Street Bridge replacement 
project, Cuyahoga River, Cleveland, OH.

    (a) Location. The following area is a safety zone: All waters of 
the Cuyahoga River from Mile 3.59 to Mile 3.79.
    (b) Effective Period. This rule is effective from 7 a.m. (local) 
Wednesday, February 1, 2006 through 1 p.m. (local) on Tuesday, February 
28, 2006.
    (c) Regulations. Entry into, transit through or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his designated on-scene representative. The Coast Guard 
may be contacted via VHF Channel 16.

    Dated: February 1, 2006.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 06-1254 Filed 2-9-06; 8:45 am]
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