[Federal Register: July 16, 2003 (Volume 68, Number 136)]
[Proposed Rules]
[Page 41982-41984]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy03-35]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-233]
RIN 1625-AA00
Safety Zone; Head of the Cuyahoga Regatta, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone for the
annual Head of the Cuyahoga Regatta in Cleveland, Ohio. This safety
zone is necessary to control vessel traffic within the immediate
location of the regatta and to ensure the safety of life and property
during the event. This safety zone is intended to restrict vessel
traffic from a portion of the Cuyahoga River.
DATES: Comments and related material must reach the Coast Guard on or
before August 15, 2003.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Cleveland (CGD09-03-233), 1055 East Ninth Street,
Cleveland, Ohio 44114. Marine Safety Office Cleveland maintains the
public docket for this rulemaking. Comments and material received from
the public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and available
for inspection or copying at Coast Guard MSO Cleveland between 8 a.m.
and 3:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Allen Turner, U.S. Coast
Guard Marine Safety Office Cleveland, at (216) 937-0128.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD09-03-
233), 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
they reached us, please include 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 plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard MSO Cleveland at 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
The Head of the Cuyahoga Regatta will take place annually on the
Cuyahoga River. A permanent safety zone will be established on the
Cuyahoga River to protect competitors and course markings from
recreational and commercial vessels, and to prevent interference with
the competition. The safety zone will only be activated during the
regatta.
Discussion of Proposed Rule
The safety zone will be activated annually on the third Saturday of
September from 8 a.m. until 5 p.m. The safety zone will encompass the
Cuyahoga River from Collision Bend down river to the mouth of the
confluence with the Old River. In order to minimize the impact on
commercial waterway users, commercial vessels will be allowed to
transit the safety zone between the hours of 11 a.m. and 1 p.m.
Recreational vessels will be allowed to transit the safety zone during
the regatta with an escort by the event sponsor or the Coast Guard.
Regulatory Evaluation
This proposed 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 not reviewed this
rule under that Order. It is not significant under the regulatory
policies and procedures of the Department of Homeland Security. We
expect the economic impact of this proposed rule to be so minimal that
a full Regulatory Evaluation under of the regulatory policies and
procedures of DHS is unnecessary.
This determination is based on the short amount of time that
vessels will be restricted from the zones, and the actual location of
the safety zones within the waterways.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed 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 a few hours on
[[Page 41983]]
the day of the event and there is a substantial break during the event
to allow commercial vessel transits. Recreational vessels can safely
pass through the proposed safety zones during the event under sponsor
or Coast Guard escort. 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
Coast Guard District Local Notice to Mariners, and through Marine
Information Broadcasts. Additionally, the Coast Guard has not received
any reports from small entities negatively affected during previous
events.
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 want 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).
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule does not have implications for
federalism under that Order.
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 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 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.
Energy Effects
The Coast Guard has 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
We have considered the environmental impact of this proposed rule
under Commandant Instruction M16475.1C, 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 categorical exclusion under
Section 2.B.2 of the Instruction. Therefore, this rule is categorically
excluded under Figure 2-1, paragraph 35(a) of the Instruction, from
further environmental documentation. A written categorical exclusion
determination is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, 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. Add Sec. 165.920 to read as follows:
Sec. 165.920 Safety Zone; Head of the Cuyahoga Regatta, Cleveland, OH
(a) Location. The following area is a safety zone: All navigable
waters of the Cuyahoga River between the positions 41[deg]29'19'' N,
081[deg]42'30'' W (Collision Bend) and 41[deg]29'55'' N,
081[deg]42'24'' W (confluence with the Old River). These coordinates
are based upon North American Datum (NAD 1983).
(b) Enforcement period. This section will be enforced annually on
the third Saturday of September from 8 a.m. until 5 p.m.
(c) Regulations. No vessel shall enter, transit through, or anchor
within this Safety Zone unless authorized by the Captain of the Port,
Cleveland or his designated on-scene representative. Commercial vessels
may transit through the safety zone from 11 a.m. until 1 p.m.
Recreational vessels may transit the safety zone during the event under
escort by the event sponsor or the Coast Guard. Permission to deviate
from the above rules must be obtained from the Captain of the Port or
the Patrol Commander via VHF/FM radio, Channel 16 or by telephone at
(216) 937-0111. All persons must comply with the instructions of the
Captain of the Port or his or her designated representative.
[[Page 41984]]
Dated: June 30, 2003.
Lorne W. Thomas,
Commander, Coast Guard, Captain of the Port Cleveland.
[FR Doc. 03-17908 Filed 7-15-03; 8:45 am]
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