[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Rules and Regulations]
[Pages 45393-45395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12937]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-114]
RIN 1625-AA00


Safety Zone; Cleveland National Air Show, Lake Erie, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie. This zone is intended to restrict vessels from a portion of 
Lake Erie and Cleveland Harbor during the Cleveland National Air Show 
from August 31, 2006 to September 4, 2006. This safety zone is 
necessary to protect persons and vessels from the potential safety 
hazards associated with high speed, low altitude acrobatic and military 
aircraft.

DATES: This rule is effective from 10 a.m. on August 31, 2006 through 6 
p.m. on September 4, 2006. The rule will be enforced from 10 a.m. to 6 
p.m. on August 31, 2006; from 10 a.m. to 6 p.m. on September 1, 2006; 
from 10 a.m. to 6 p.m. on September 2, 2006; from 10 a.m. to 6 p.m. on 
September 3, 2006; and from 10 a.m. to 6 p.m. on September 4, 2006. All 
times are local.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD09-06-114 and are 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 (LT) Nicole 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 permit application was not 
received in time to publish an NPRM followed by a final rule before the 
effective date.

[[Page 45394]]

    Under 5 U.S.C. 533(d)(3), good cause also 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 spectators and vessels during this event, and 
immediate action is necessary to prevent possible loss of life or 
property. The Coast Guard has not received any complaints or negative 
comments previously with regard to this event.

Background and Purpose

    This safety zone is necessary to protect persons and vessels from 
the potential safety hazards associated with high speed, low altitude 
acrobatic and military aircraft.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone for the 
Cleveland National Air Show. The zone covers the waters of Lake Erie 
and Cleveland Harbor (near Burke Lakefront Airport) from position 
41[deg]30.34' N 081[deg]42.33' W to 41[deg]30.84' N 081[deg]42.82' W 
then to 41[deg] 32.15' N 081[deg]39.82' W then to 41[deg]31.88' N 
081[deg]39.40' W then east to 41[deg]31.71'N 081[deg]39.76' W. The 
event sponsor will establish marker buoys to outline the safety zone at 
regular intervals to assist vessels in recognizing this area as a 
safety zone during the times of enforcement. These coordinates are 
based upon 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 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.
    We expect the economic impact of this rule to be so minimal that a 
full regulatory evaluation is unnecessary.
    This determination is based on the size and location of the safety 
zone within the water. Commercial vessels will not be hindered by the 
safety zone, as all commercial traffic will be diverted through the 
Lake Approach Channel. Recreational vessels will not be allowed to 
transit through the designated safety zone during the specified times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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. 05(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will 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 safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: the 
zone is only in effect for the Labor Day Weekend, a holiday known to 
have minimal commercial traffic in the area of the safety zone. 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.

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 will 
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.
    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 calls 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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,

[[Page 45395]]

because it will 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. 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.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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. Because this event establishes a safety zone, paragraph 
(34)(g) of the Instruction applies.
    A final ``Environmental Analysis Check List'' and final 
``Categorical Exclusion Determination'' are available in the docket 
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; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. A new temporary Sec.  165.T09-114 is added to read as follows:


Sec.  165.T09-114  Safety Zone; Cleveland National Air Show, Lake Erie, 
OH.

    (a) Location. The following is a safety zone: All waters of Lake 
Erie and Cleveland Harbor (near Burke Lakefront Airport) from position 
41[deg]30.34' N 081[deg]42.33' W to 41[deg]30.84' N 081[deg]42.82' W 
then to 41[deg]32.15' N 081[deg]39.82' W then to 41[deg]31.88' N 
081[deg]39.40' W then east to 41[deg]31.71' N 081[deg]39.76' W. These 
coordinates are based upon North American Datum 1983 (NAD 83). The 
event sponsor will establish marker buoys to outline the safety zone at 
regular intervals to assist vessels in recognizing this area as a 
safety zone during the times of enforcement.
    (b) Effective Period. The safety zone in paragraph (a) of this 
section is effective from 10 a.m. on August 31, 2006 through 6 p.m. on 
September 4, 2006. The rule will be enforced from 10 a.m. to 6 p.m. on 
August 31, 2006; from 10 a.m. to 6 p.m. on September 1, 2006; from 10 
a.m. to 6 p.m. on September 2, 2006; from 10 a.m. to 6 p.m. on 
September 3, 2006; and from 10 a.m. to 6 p.m. on September 4, 2006. All 
times are local.
    (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: July 6, 2006.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E6-12937 Filed 8-8-06; 8:45 am]
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