[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Rules and Regulations]
[Pages 23351-23353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9479]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2008-0329]
RIN 1625-AA87


Security Zone; Cleveland Harbor, Dock 32, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone in 
the eastern basin section of Lake Erie adjacent to Dock 32 in 
Cleveland, OH. This zone is intended to restrict vessels during the 
Ninth Coast Guard District Change of Command Ceremony on May 22, 2008. 
This security zone is necessary to provide for the security and safety 
of life for event participants. Entry into this zone is prohibited 
unless authorized by the Captain of the Port, Buffalo, NY, or a 
designated representative.

DATES: This rule is effective from 12 noon until 5 p.m. on May 22, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket USCG-2008-0329 are part of this docket are available online 
at http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays and at the U.S. Coast Guard Marine Safety Unit 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. If you 
have questions about viewing the online docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

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. 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. Delaying this rule would be 
contrary to the public interest of ensuring the security of event 
participants.

Background and Purpose

    The Coast Guard will conduct a Change of Command ceremony along 
Lake Erie at dock 32 in Cleveland, OH, on May 22, 2008. A security zone 
is needed from 12 noon through 5 p.m. on that date to protect 
dignitaries taking part in this high-level military ceremony and 
spectators from potential threats posed by waterborne acts of sabotage 
or other subversive acts.
    The event will consist of a background comprised of two U.S. Coast 
Guard vessels anchored perpendicular to the stern of the SS MATHER on 
the waters of Cleveland Harbor at dock 32. U.S. Coast Guard patrol 
vessels will be provided to prevent the movement of persons and 
vessels.

Discussion of Rule

    The Coast Guard is establishing a temporary security zone for the 
Ninth Coast Guard District Change of Command on May 22, 2008. The zone 
encompasses all waters of Lake Erie adjacent to Dock 32 in Cleveland, 
OH, within a 200-yard radius originating from the north east corner of 
Dock 32.
    Entry into this zone is prohibited unless authorized by the Captain 
of the Port or his designated representative. This security zone will 
be in effect from 12 noon through 5 p.m. on May 22, 2008 to safeguard 
event participants and spectators. All persons other than those 
approved by the Captain of the Port Buffalo, or his on-scene 
representative, are prohibited from entering or moving within this 
security zone. In addition to today's publication of this temporary

[[Page 23352]]

final rule, the Coast Guard will provide notice of this security zone 
and its restrictions involved via Broadcast Notice to Mariners.

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.
    This determination is based on the size and location of the 
security zone within the water. Commercial vessels will not be hindered 
by the security zone. Recreational vessels will be allowed to transit 
through the designated security zone during the specified times if 
approved by the Captain of the Port, Buffalo or his designated 
representative.

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. 605(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 security zone from 12 noon until 
5 p.m. on May 22, 2008. The zone will only encompass a limited area. 
Shallow water vessel traffic not constrained by draft can pass safely 
around the security zone. A lack of commercial vessel traffic exists in 
the area during the effective period. Maritime advisories on the Change 
of Command ceremony have been advertised and made widely available to 
users of the waterway and will continue until the ceremony is complete.

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; telephone (216) 937-0128.
    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 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

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that these special local regulations and 
fishing rights protection need not be incompatible. We have also 
determined that this Rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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. 
Nevertheless, Indian Tribes that have questions concerning the 
provisions of this Rule or options for compliance are encourage to 
contact the point of contact listed under FOR FURTHER INFORMATION 
CONTACT.

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.

[[Page 23353]]

    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 establishes a security zone and 
as such is covered by this paragraph. A final ``Environmental Analysis 
Check List'' and a 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 record 
keeping 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, 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. A new temporary Sec.  165.T09-004 is added as follows:


Sec.  165.T09-004  Security Zone; Cleveland Harbor, Dock 32.

    (a) Location. The following area is a temporary security zone: all 
waters of Cleveland Harbor, Cleveland, OH, within a 200 yard radius 
originating from the north east corner of dock 32.
    (b) Effective period. This section is effective from 12 noon until 
5 p.m. on May 22, 2008.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33 of this part, entry into, transiting, or anchoring within 
this security zone is prohibited unless authorized by the Captain of 
the Port Buffalo, or his on-scene representative.
    (2) The security zone described in paragraph (a) of this section is 
closed to all vessel traffic, except as may be permitted by the Captain 
of the Port Buffalo or his on-scene representative.
    (3) The on-scene representative of the Captain of the Port is any 
Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be onboard either 
a Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within the 
security zone shall contact the Captain of the Port Buffalo or his on-
scene representative to obtain permission to do so. The Captain of the 
Port or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the 
security zone shall comply with all directions given to them by the 
Captain of the Port Buffalo or his on-scene representative.

    Dated: April 14, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E8-9479 Filed 4-29-08; 8:45 am]
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