[Federal Register: August 19, 2003 (Volume 68, Number 160)]
[Rules and Regulations]
[Page 49704-49706]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au03-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-258]
RIN 1625-AE11
Regulated Navigation Area; 2003 Gravity Games, Cleveland Harbor,
Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard will establish a temporary Regulated
Navigation Area (RNA) during the 2003 Gravity Games in the Port of
Cleveland, Ohio. This regulation is necessary to manage vessel traffic
in a portion of Cleveland Harbor. This regulation is intended to
restrict vessel traffic from a portion of Lake Erie.
DATES: This rule is effective from 12 p.m. on Saturday, September 6,
2003 until 12 p.m. on Monday, September 15, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD09-03-258 and are available for
inspection or copying at Coast Guard MSO Cleveland
[[Page 49705]]
between 8 a.m. and 3:30 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Allen Turner, Chief, Port
Operations Department, Coast Guard MSO 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) and under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for not publishing an NPRM and
for making this rule effective less than 30 days after publication in
the Federal Register. The permit application was not received in time
to publish an NPRM followed by a final rule before the effective date.
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
During the 2003 Gravity Games, the Wakeboard Competition will take
place in Cleveland Harbor north of Voinovich Park. A regulated
navigation area (RNA) will be established inside Cleveland's break wall
to protect competitors and course obstacles (jumps, rails, etc.) from
excessive speed and wakes, and to prevent interference with the
competition.
Discussion of Rule
The RNA will be established from 12 p.m. on Saturday, September 6,
2003 until 12 p.m. on Monday, September 15, 2003. The RNA will
encompass Cleveland Harbor, between Dock 28 of Cleveland Port Authority
and the western edge of Burke Lake Front Airport, to include the Rock
and Roll Museum Inner Harbor. No vessel shall exceed 5 mph nor produce
a wake within the RNA. Any vessel within the RNA shall not pass within
50 feet of a moored obstacle. Any vessel within the RNA shall not enter
the Rock and Roll Museum inner harbor. Any vessel within the RNA must
adhere to the direction of the Patrol Commander or other official
patrol craft. No vessel shall transit the RNA during the Wakeboard
Competition without permission from the Patrol Commander.
Regulatory Evaluation
This 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 (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 was based on the actual location of the RNA
within the waterways, since vessels can transit north of the harbor
break wall to reach the Main Entrance Channel or easternmost entrance
channel. Vessels will also be allowed to transit through the RNA with
permission from the Patrol Commander.
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 RNA.
This RNA would not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can safely pass north of the break wall, outside the RNA,
during the competitions. In cases where recreational boat traffic
congestion is greater than expected and consequently obstructs shipping
channels, commercial traffic may be allowed to pass through the RNA
under Coast Guard escort with the permission of the Patrol Commander.
Before the effective period, the Coast Guard will issue maritime
advisories to users who might 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 similar 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 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 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 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 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 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.
[[Page 49706]]
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,
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 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 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.
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; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T09-258 to read as follows:
Sec. 165.T09-258 Regulated Navigation Area; 2003 Gravity Games,
Cleveland, Ohio.
(a) Regulated navigation area. All waters of Cleveland Harbor,
including the Inner Harbor, encompassed by a line starting at
41[deg]30'49'' N, 081[deg]41'37'' W (northwest corner of Burke
Lakefront Airport); then northwest to 41[deg]31'02'' N, 081[deg]41'49''
W; then southwesterly following the break wall to 41[deg]30'41'' N,
081[deg]42'26'' W; then southeasterly to 41[deg]30'27'' N,
081[deg]42'13'' W (extending directly across the harbor from the
northwestern corner of Dock 28 of the Cleveland Port Authority to the
break wall); then following the contours of the waterfront back to the
point of origin including all portions of the Rock and Roll Museum
inner harbor. These coordinates are based upon North American Datum
1983 (NAD 83).
(b) Effective period. This section will be in effect from 12 p.m.
EST on Saturday, September 6, 2003 through 12 p.m. EST on Monday,
September 15, 2003.
(c) Special regulations. (1) Vessels within the regulated
navigation area (RNA) shall not exceed 5 miles per hour or shall
proceed at no-wake speed, which ever is slower; and maintain headway
conditions permitting.
(2) Vessels within the RNA shall not pass within 50 feet of a
moored obstacle.
(3) Vessels within the RNA shall not enter the Rock and Roll Museum
inner harbor.
(4) Vessels within the RNA must adhere to the direction of the
Patrol Commander or other official patrol craft.
(5) No vessel shall transit the RNA during the Wakeboard
Competition without permission from the Patrol Commander.
(6) 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 6 or by telephone at (216) 937-0111.
Dated: August 8, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-21086 Filed 8-18-03; 8:45 am]
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