[Federal Register: July 22, 2004 (Volume 69, Number 140)]
[Rules and Regulations]
[Page 43748-43751]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy04-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-202]
RIN 1625-AA00
Safety Zones; Northeast Ohio
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing safety zones for annual
fireworks displays located in Northeast Ohio. These regulations are
needed to manage vessel traffic in Northeast Ohio during each event to
protect life and property.
DATES: This rule is effective from July 1, 2004.
ADDRESSES: 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. (local) and 3:30 p.m.
(local), 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.
[[Page 43749]]
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 1, 2003, we published a notice of public rulemaking
entitled Safety Zones: Northeast Ohio in the Federal Register (68 FR
62). No comments on the proposed rule were received. No public hearing
was requested, and none was held. Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register since we
received no public comment, and the zones are needed immediately to
protect life and property.
Background and Purpose
A total of eight permanent safety zones are being established in
Northeast Ohio for annual firework displays. The safety zones will be
enforced only during a firework display at their respective location.
There are a total of ten separate annual firework events in Northeast
Ohio.
Discussion of Rule
The safety zones will be enforced around the launch site in the
following areas:
(1) Cleveland Harbor and Lake Erie, north of Voinovich Park;
(2) Rocky River and Lake Erie, west of the river entrance;
(3) Lake Erie, North of Lakewood Park;
(4) Black River (2 locations);
(5) Mentor Harbor Beach, west bank of harbor entrance;
(6) Ashtabula, north of Walnut Beach Park; and
(7) Fairport Harbor, east of harbor entrance.
The size of each safety zone was determined using National Fire
Protection Association and local fire department standards.
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 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 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 will
not have a significant economic impact on a substantial number of small
entities.
This rule may affect the following entities, some of which might be
small entities: The owners or operators of commercial vessels intending
to transit a portion of a safety zone.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
zones will only be enforced for a few hours on the day of the event.
Vessel traffic can safely pass outside the safety zones during the
events. In cases where recreational boat traffic congestion is greater
than expected and consequently obstructs shipping channels, the Captain
of the Port or the Patrol Commander may permit commercial traffic to
pass through the safety zone. Before the enforcement period, 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, Marine Information Broadcasts
and posted signs on barges or at launch sites labeled ``FIREWORKS-STAY
AWAY''. 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 (Public Law 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 will
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 calls 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 does not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does 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,
because it does not have a substantial direct effect on one or more
Indian
[[Page 43750]]
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 and
concluded that, under figure 2-1, paragraph 34(g) of Commandant
Instruction M16475.1D, this rule is categorically excluded 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, 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; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.202 to read as follows:
Sec. 165.202 Safety Zones: Annual fireworks Events in the Captain of
the Port Cleveland Zone.
(a) Safety zones. The following areas are designated safety zones:
(1) City of Cleveland 4th of July Fireworks Display, Cleveland, OH:
All navigable waters of Cleveland Harbor and Lake Erie beginning at
41[deg]30.823' N, 081[deg]41.620' W (the northwest corner of Burke
Lakefront Airport); continuing northwest to 41[deg]31.176 N,
081[deg]41.884' W; then southwest to 41[deg]30.810' N, 081[deg]42.515'
W; then southeast to 41[deg]30.450' N, 081[deg]42.222' W (the northwest
corner of dock 28 at the Cleveland Port Authority) then northeast back
to the starting point at 41[deg]30.443' N, 081[deg]41.620' W. All
geographic coordinates are based upon North American Datum 1983 (NAD
1983).
(2) Dollar Bank Jamboree Fireworks Display, Cleveland, OH: All
navigable waters of Cleveland Harbor and Lake Erie beginning at
41[deg]30.823' N, 081[deg]41.620' W (the northwest corner of Burke
Lakefront Airport); continuing northwest to 41[deg]31.176 N,
081[deg]41.884' W; then southwest to 41[deg]30.810' N, 081[deg]42.515'
W; then southeast to 41[deg]30.450' N, 081[deg]42.222' W (the northwest
corner of dock 28 at the Cleveland Port Authority) then northeast back
to the starting point at 41[deg]30.443' N, 081[deg]41.620' W (NAD
1983).
(3) Browns Football Halftime Fireworks Display, Cleveland, OH: All
navigable waters of Cleveland Harbor and Lake Erie beginning at
41[deg]30.823' N, 081[deg]41.620' W (the northwest corner of Burke
Lakefront Airport); continuing northwest to 41[deg]31.176 N,
081[deg]41.884' W; then southwest to 41[deg]30.810' N, 081[deg]42.515'
W; then southeast to 41[deg]30.450' N, 081[deg]42.222' W (the northwest
corner of dock 28 at the Cleveland Port Authority) then northeast back
to the starting point at 41[deg]30.443' N, 081[deg]41.620' W (NAD
1983).
(4) Lakewood City Fireworks Display, Lakewood, OH: All waters and
adjacent shoreline of Lake Erie bounded by the arc of a circle with a
500-yard radius with its center approximate position 41[deg]29.755' N,
081[deg]47.780' W (off of Lakewood Park) (NAD 1983).
(5) Cleveland Yachting Club Fireworks Display, Rocky River, OH: All
waters and adjacent shoreline of the Rocky River and Lake Erie bounded
by the arc of a circle with a 200-yard radius with its center at Sunset
Point on the western side of the mouth of the Rocky River in
approximate position 41[deg]29.428' N, 081[deg]50.309' W (NAD 1983).
(6) Lorain 4th of July Celebration Fireworks Display, Lorain, OH:
The waters of Lorain Harbor bounded by the arc of a circle with a 300-
yard radius with its center east of the harbor entrance on the end of
the break wall near Spitzer's Marina in approximate position
41[deg]28.591' N, 082[deg]10.855' W (NAD 1983).
(7) Lorain Port Fest Fireworks Display, Lorain, OH: All waters and
adjacent shoreline of Lorain Harbor bounded by the arc of a circle with
a 250-yard radius with its center at approximate position
41[deg]28.040' N, 082[deg]10.365' W (NAD 1983).
(8) Mentor Harbor Yacht Club Fireworks Display, Mentor, OH: All
waters and adjacent shoreline of Lake Erie and Mentor Harbor bounded by
the arc of a circle with a 200-yard radius with its center in
approximate position 41[deg]43.200' N, 081[deg]21.400' W (west of the
harbor entrance) (NAD 1983).
(9) Fairport Mardi Gras Fireworks Display, Fairport Harbor, OH: All
waters and adjacent shoreline of Fairport Harbor and Lake Erie bounded
by the arc of a circle with a 300-yard radius with its center east of
the harbor entrance at Fairport Harbor Beach in approximate position
41[deg]45.500' N, 081[deg]16.300' W (NAD 1983).
(10) Ashtabula Area Fireworks Display, Ashtabula, OH: All waters
and adjacent shoreline of Lake Erie and Ashtabula Harbor bounded by the
arc of a circle with a 300-yard radius with its center west of the
harbor in approximate position 41[deg]54.167' N, 080[deg]48.416' W (NAD
1983).
(b) Notification. Captain of the Port Cleveland will cause notice
of the enforcement of these safety zones to be made by all appropriate
means to effect the widest publicity among the affected segments of the
public, including publication on the local notice to mariners, marine
information broadcasts, and facsimile. Fireworks barges used in these
locations will also have a sign on their port and starboard side
labeled ``FIREWORKS-STAY AWAY''. This sign will consist of 10[sec] high
by 1.5[sec] wide red lettering on a white background. Shore sites used
in these locations will display a sign labeled ``FIREWORKS-STAY AWAY''
with the same dimensions.
(c) Enforcement period. This section will be enforced from 6 p.m.
(local) to 1 a.m. (local) each day a barge with ``FIREWORKS-STAY AWAY''
sign on the port and starboard side is on-scene or a ``FIREWORKS-STAY
AWAY'' sign is posted in a location listed in paragraph (a) of this
section. Vessels may enter, remain in, or transit through these safety
zones during this time frame if authorized by the Captain of the Port
Cleveland or the designated Coast Guard Patrol Commander on scene.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the
[[Page 43751]]
designated on scene Patrol Commander. Coast Guard patrol personnel
include commissioned, warrant, and petty officers of the U.S. Coast
Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio,
flashing light, or other means, the operator shall proceed as directed.
(3) Several of the safety zones in this regulation encompass
portions commercial navigation channels but are not expected to
adversely affect shipping. In cases where shipping is affected,
commercial vessels may request permission from the Patrol Commander or
Captain of the Port to transit the safety zone. Approval will be made
on a case-by-case basis. Requests must be made in advance and approved
by the Captain of the Port before transits will be authorized. The
Captain of the Port may be contacted via the U.S. Coast Guard Patrol
Commander (PAT COM) on Channel 16, VHF-FM.
Dated: June 21, 2004.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 04-16651 Filed 7-21-04; 8:45 am]
BILLING CODE 4910-15-P