[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Proposed Rules]
[Pages 14432-14434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4098]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-004]
RIN 1625-AA00


Safety Zone; Greater Cleveland Area Triathlon

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the establishment of a safety zone 
for the annual Greater Cleveland area Triathlon located in the Captain 
of the Port Buffalo Zone. This safety zone is necessary to provide for 
the safety of life during the swimming portion of this event. This 
action is intended to restrict vessel traffic within the immediate 
vicinity of the event from 6 a.m. (local) until noon (local) on the 
12th and 13th of August 2006.

DATES: Comments and related material must reach the Coast Guard on or 
before April 21, 2006.

ADDRESSES: You may mail comments and related material to MSU Cleveland, 
1055 East 9th Street, Cleveland, OH 44114. MSU Cleveland maintains the 
public docket for this rule making. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket CGD09-06-004, will become part of this docket 
and will be available for inspection or copying at MSU Cleveland, 1055 
East 9th Street, Cleveland, OH 44114 between 8 a.m. and 3:30 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Nicole Starr, U.S. Coast 
Guard Marine Safety Unit Cleveland, at (216) 937-0128.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. If you do so, please include your name 
and address, identify the docket number for this rulemaking, 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 that 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 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 manage vessel traffic in order to 
provide for the safety of life and property on navigable waters during 
the event. The combination of swimmers and the large number of 
inexperienced, recreational boaters that transit this area could easily 
result in serious injuries or fatalities.

Discussion of Proposed Rule

    This safety zone is necessary to provide for the safety of life on 
navigable waters during the swimming portion of this event. This action 
is intended to restrict vessel traffic within the immediate vicinity of 
the event in a portion of Lake Erie. This safety zone is extending the 
currently established swim zone at Headlands Beach State Park in 
Painesville Township, Ohio. The safety zone will include all waters of 
Lake Erie within a line drawn from 41[deg]45[min]19[sec] N, 
081[deg]17[min]38[sec] W to 41[deg]45[min]22[sec] N, 
081[deg]17[min]46[sec] W then easterly to 41[deg]45[min]55[sec] N, 
081[deg]17[min]09[sec] W and thence to 41[deg]45[min]50[sec] N, 
081[deg]17[min]01[sec] W then following the shoreline to origin. These 
coordinates are based on North American Datum 1983 (NAD 83). The Coast 
Guard will 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 Unit 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 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 size and location of the safety 
zone within the water. Vessels will not be allowed to transit through 
the designated safety zone only during the specified times.

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 
proposed zone is only in effect for 6 hours on the days of the event. 
Before the activation of the safety zone, the Coast Guard will issue 
maritime advisories available to users who may be impacted through 
notification in the Federal Register, the Ninth District Coast Guard 
Local Notice to Mariners, 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 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects and participate

[[Page 14433]]

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 Lieutenant Nicole Starr, U.S. Coast Guard Marine Safety Unit 
Cleveland, 1055 East 9th Street, Cleveland, OH 44114. The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

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

Taking of Private Property

    This proposed 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 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 
does not concern an environmental risk to health or risk to safety that 
may disproportionately affect children.

Indian Tribal Governments

    This proposed 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. 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.

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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 
Instruction, from further environmental documentation. This event 
establishes a safety zone therefore paragraph (34)(g) of the 
Instruction applies.
    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 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. A new temporary Sec.  165.T09-004 is added to read as follows:


Sec.  165.T09-004  Safety Zone; 2006 Headlands State Park, Lake Erie, 
Painesville Township, Ohio.

    (a) Location. The Coast Guard will establish a safety zone for the 
annual Greater Cleveland Area Triathlon. All waters within a line drawn 
from 41[deg]45[min]19[sec] N 081[deg]17[min]38[sec] W to 
41[deg]45[min]22[sec] N 081[deg]17[min]46[sec] W then easterly to 
41[deg]45[min]55[sec] N 081[deg]17[min]09[sec] W and thence to 
41[deg]45[min]50[sec] N 081[deg]17[min]01[sec] W then following the 
shoreline to origin. These coordinates are based on North American 
Datum 1983 (NAD 83).
    (b) Effective Period. This section is effective from 6 a.m. (local) 
through noon (local) on the 12th and the 13th of August, 2006.

[[Page 14434]]

    (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 designated 
on-scene representative will be the Coast Guard Patrol Commander. The 
Coast Guard Patrol Commander may be contacted via VHF Channel 16.

    Dated: February 28, 2006.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E6-4098 Filed 3-21-06; 8:45 am]
BILLING CODE 4910-15-P