[Federal Register: July 29, 2004 (Volume 69, Number 145)]
[Rules and Regulations]
[Page 45257-45258]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy04-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-04-095]
RIN 1625-AA87
Security Zone; Cleveland Harbor, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone for
the 2004 International Children's Games--Festivities and Barbeque. The
security zone is necessary to ensure the security of the people
attending this event on July 29, 2004. The security zone will restrict
vessels from the North Coast Harbor and portions of Cleveland Harbor.
DATES: This rule is effective from 9 a.m. (local) until 11 p.m.
(local), Thursday, July 29, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD09-04-095] and are available for
inspection or copying at the U.S. Coast Guard Marine Safety Office
Cleveland, 1055 East Ninth Street, Cleveland, Ohio 44114, between the
hours of 7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal
Holidays.
FOR FURTHER INFORMATION CONTACT: LT Allen Turner, U.S. Coast Guard
Marine Safety Office 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), the Coast Guard finds that good
cause exists for not publishing an NPRM. The permit application was not
received in time to publish an NPRM followed by a final rule before the
2004 International Children's Games-Festivities and Barbeque takes
place. 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.
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
The following area is a security zone: All waters located within
300 feet of Voinovich Park and East 9th Street Pier, to include the
entire Rock and Roll Inner Harbor.
Entry into, transit through, or anchoring within this security zone
is prohibited unless authorized by the Captain of the Port Cleveland or
his designated on-scene representative. The designated on-scene
representative will be the Coast Guard Patrol Commander. The Coast
Guard Patrol Commander may be contacted via VHF Channel 16.
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 limited time
that the security zone will be in effect, and the extensive advance
notice that will be made to the maritime community via Local Notice to
Mariners, facsimile, and marine safety information broadcasts. This
regulation is tailored to impose a minimal impact on maritime interests
without compromising security.
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 recreational or
commercial vessels intending to transit a portion of the activated
security zone.
This security 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 the duration of the event. Before
enforcing the security zone, the Coast Guard will issue maritime
advisories available to users who may be impacted through notification
in the Federal Register, Local Notice to Mariners, facsimile, and
marine safety information broadcasts.
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
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).
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions
[[Page 45258]]
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247).
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
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
direct 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 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 rule would not affect 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.
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
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Coast Guard has 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 procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
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 fits the category from paragraph
(34)(g) because it establishes a security zone. Under figure 2-1,
paragraph (34)(g), of the Instruction, an ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are not
required for this rule.
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 Sec. 165.T09-095 to read as follows:
Sec. 165.T09-095 Security Zone; 2004 International Children's Games-
Festivities and Barbeque, Cleveland, OH.
(a) Location. The following area is a security zone: All waters
located within 300 feet of Voinovich Park and East 9th Street Pier, to
include the entire Rock and Roll Inner Harbor.
(b) Effective period. This section is effective from 9 a.m. (local)
until 11 p.m. (local) on Thursday, July 29, 2004.
(c) Regulations. Entry into, transit through, or anchoring within
this security zone is prohibited unless authorized by the Captain of
the Port Cleveland or his designated on-scene representative. The
designated on-scene representative will be the Coast Guard Patrol
Commander. The Coast Guard Patrol Commander may be contacted via VHF
Channel 16.
Dated: July 20, 2004.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 04-17323 Filed 7-28-04; 8:45 am]
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