[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Rules and Regulations]
[Pages 34113-34114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16184]
[[Page 34113]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-01-034]
RIN 2115-AA97
Safety Zone; Cleveland Harbor, Cleveland, OH
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone encompassing the
navigable waters adjacent to the Cleveland Port Authority, on Cleveland
Harbor, Lake Erie. The Safety Zone is necessary to ensure the safety of
spectator vessels during a fireworks display launched from a barge in
Cleveland Harbor on July 4, 2001. Use of fireworks and related
pyrotechnics require that spectator vessels are kept at a safe distance
from firework launching and landing sites, and well away from any
unexploded pyrotechnics falling into the water and land areas near the
launching site.
DATES: This temporary final rule becomes effective at 9:30 p.m. (e.s.t)
July 4, 2001 and terminates at 10:30 p.m. (e.s.t.), July 4, 2001.
ADDRESSES: Comments and material received from the public are part of
docket CGD09-01-034, and are available for inspection and copying at
Coast Guard Marine Safety Office Cleveland, Ohio, 1055 East Ninth
Street, Cleveland, Ohio, 44114, between 7:30 a.m. and 4 p.m. Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant John Natale, U.S. Coast
Guard Marine Safety Office Cleveland, 1055 East Ninth Street,
Cleveland, Ohio 44114. The telephone number is (216) 937-0111.
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, and, 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. The Coast Guard had
insufficient advance notice to publish an NPRM. Publication of a notice
of proposed rulemaking and delay of effective date would be contrary to
the public interest because immediate action is necessary to prevent
possible loss of life, injury, or damage to property.
Background and Purpose
On July 4, 2001, at approximately 10 p.m., a fireworks and
pyrotechnic display will be launched from a barge in Cleveland Harbor,
approximately 1500 feet north of Voinavich Park at coordinates
41 deg.30'53" N, 081 deg.42'00" W. These coordinates are based on the
North American Datum of 1983 (NAD 83). Spectators are expected to view
the display from various spots along the Lake Erie waterfront, and
private and commercial spectator vessels are also expected in Cleveland
Harbor. A Safety Zone will be in effect on July 4, 2001 from 9:30 p.m.
until 10:30 p.m. The Safety Zone will include the navigable waters of
Cleveland Harbor and Lake Erie beginning at coordinates 41 deg.30'50"
N, 081 deg.41'33" W (the northwest corner of Burke Lakefront Airport);
continuing northwest to coordinates 41 deg.31'11" N, 081 deg.41'55" W;
then southwest to 41 deg.30'48" N, 081 deg.42'34" W; then southeast to
41 deg.30'27" N, 081 deg.42'13" W (the northwest corner of dock 28 at
the Cleveland Port Authority).
Regulatory Evaluation
This temporary rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 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 exempted it from
review under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040 February 26, 1979). The Coast Guard expects the economic
impact of this proposal to be so minimal that a full Regulatory
Evaluation under paragraph 10(e) of the regulatory policies and
procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the
Coast Guard considered whether this rule will have a significant impact
on a substantial number of small businesses and not-for-profit
organizations that are not dominant in their respective fields, and
governmental jurisdictions with populations less than 50,000. This
Safety Zone will not have a significant economic impact on a
substantial number of small entities for the following reason: this
rule will be in effect for approximately one hour. Before the effective
period, we will issue maritime advisories widely available to users of
the waterway.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this rule so that they
can better evaluate its effectiveness and participate in the rulemaking
process. If your small business or organization is affected by this
rule, and you have questions concerning its provisions or options for
compliance, please contact the office listed in ADDRESSES in this
preamble.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the federal government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 13132 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
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
We have 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.
[[Page 34114]]
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments. A
rule with tribal implications has 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 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under figure 2-1, paragraph 34(g) of
Commandant Instruction M16475.1C, this rule is categorically excluded
from further environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. A new temporary Sec. 165.T09-948 is added to read as follows:
Sec. 165.T09-948 Safety Zone: Lake Erie, Cleveland Harbor, Ohio.
(a) Location. The safety zone will include the navigable waters of
Cleveland Harbor and Lake Erie beginning at coordinates 41 deg.30'50"
N, 081 deg.41'33" W (the northwest corner of Burke Lakefront Airport);
continuing northwest to coordinates 41 deg.31'11" N, 081 deg.41'55" W;
thence southwest to 41 deg.30'48" N, 081 deg.42'34" W; then southeast
to 41 deg.30'27" N, 081 deg.42'13" W (the northwest corner of dock 28
at the Cleveland Port Authority). (NAD 83)
(b) Effective dates. This section is effective from 9:30 p.m. until
10:30 p.m. on July 4, 2001.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port, Cleveland or his representative on the Coast Guard vessel
on scene. The Coast Guard Patrol Commander may be contacted on VHF
Channel 16.
Dated: June 2, 2001.
R.J. Perry,
Commander, U.S. Coast Guard, Captain of the Port, Cleveland, Ohio.
[FR Doc. 01-16184 Filed 6-26-01; 8:45 am]
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