[Federal Register: April 7, 2005 (Volume 70, Number 66)]
[Proposed Rules]
[Page 17627-17629]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap05-24]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-005]
RIN 1625-AA00
Safety Zone; Cleveland Triathlon, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish an annual safety zone
for the Cleveland Triathlon located in the Captain of the Port
Cleveland Zone. This safety zone will manage vessel traffic in order to
provide for the safety of life and property on navigable waters during
the event. Entry of vessels or persons into this zone would be
prohibited unless specifically authorized by the Coast Guard Captain of
the Port or their on-scene representative.
DATES: Comments and related material must reach the Coast Guard on or
before May 9, 2005.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Cleveland (CGD09-05-005), 1055 East 9th Street,
Cleveland, OH 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 will be
available for inspection or copying at 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 (CGD09-05-
005), 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
your submission reached us, please enclose 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 now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Marine Safety Office
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
This safety zone is necessary to protect the participants in the
Cleveland Triathlon, held annually on the third Sunday of July, from
hazards associated with swimming in close proximity to recreational
watercraft in Cleveland Harbor off of Voinovich Park in Cleveland, OH.
The Captain of the Port has determined that this event poses a threat
to the participants as well as spectator vessels due to the hazards
associated with these events. The Captain of the Port has determined
that
[[Page 17628]]
swimming in close proximity to watercraft poses a risk to safety and
property.
The combination of large numbers of inexperienced recreational
boaters, congested waterways, and the use of commercially transited
waterways could easily result in serious injuries or fatalities.
Establishing a safety zone by notice and comment rulemaking gives
the public an opportunity to comment on the proposed zone and provides
better notice than promulgating temporary final rules each year.
Discussion of Proposed Rule
The Coast Guard is proposing a safety zone in Cleveland Harbor,
Cleveland, Ohio. The Safety would be enforced from 5 a.m. until 11 a.m.
each year on the third Sunday in July. The safety zone would encompass
all waters in Cleveland Harbor, to include the North Coast Harbor,
originating at a line drawn from Pier 32, at position 41[deg]30'36'' N,
081[deg]42'56'' W, extending to position 41[deg]30'43'' N,
081[deg]42'03'' W, thence to Buoy 11 (LLNR 4135) at position
41[deg]30'49'' N, 081[deg]41'53'' W in Cleveland Harbor, thence to the
Northeast corner of Municipal Pier at position 41[deg]30'43'' N,
081[deg]41'47'' W. These coordinates are based upon North American
Datum 1983 (NAD 83).
The Coast Guard would notify the public in advance by way of Ninth
Coast Guard District Local Notice to Mariners, marine information
broadcasts, and for those who request it from Marine Safety Office
Cleveland, by facsimile.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
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 it 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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This determination is based upon the size and location of the
safety zone within the waterway. Commercial vessels will not be
hindered by the safety zone, as only a portion of the East Basin
channel is restricted. Recreational vessels may transit through the
safety zone with permission from the COTP Cleveland or his designated
on-scene patrol commander.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
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 rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the East Basin of Cleveland Harbor.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons:
Although the safety zone restricts the movement of vessels through a
navigable channel, commercial vessels will be able to transit along the
northern edge of the zone and all other recreational vessels will be
able to transit the zone with the permission of the COTP Cleveland or
his designated on-scene Patrol Commander. Before the effective period,
the Coast Guard will issue maritime advisories to users who may be
impacted through notification in the Federal Register, the Ninth
District Coast Guard District Local Notice to Mariners, and through
Marine Information Broadcasts and when requested by facsimile.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Allen Turner, U.S.
Coast Guard Marine Safety Office Cleveland, 1055 East 9th Street,
Cleveland, OH 44114.
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
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 proposed 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 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
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive
[[Page 17629]]
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. We
invite your comments on how this proposed rule might impact tribal
government, even if that impact may not constitute a ``tribal
implication'' under that Order.
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. 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.
Environment
We have analyzed this proposed 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 made a preliminary determination 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation.
Event participants swimming in the water pose no inherent risk to
the surrounding environment, and a safety zone is needed to protect the
participants. Under figure 2-1, paragraph (34)(g), of the Instruction,
an ``Environmental Analysis Check List'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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. 165.922 to read as follows:
165.922 Safety Zone; Cleveland Triathlon Swimming Event in the
Captain of the Port Cleveland Zone.
(a) Location. The following area is a safety zone:
(1) All waters in Cleveland Harbor, to include the North Coast
Harbor, originating at a line drawn from Pier 32, at position
41[deg]30'36'' N, 081[deg]42'56'' W, extending to position
41[deg]30'43'' N, 081[deg]42'03'' W, thence to Buoy 11 (LLNR 4135) at
position 41[deg]30'49'' N, 081[deg]41'53'' W in Cleveland Harbor,
thence to the Northeast corner of Municipal Pier at position
41[deg]30'43'' N, 081[deg]41'47'' W. These coordinates are based upon
North American Datum 1983 (NAD 83).
(b) Enforcement Period. This safety zone will be enforced from 5
a.m. (local) until 11 a.m., annually on the third Sunday of July.
(c) Regulations. No vessel shall enter the safety zone. Permission
to deviate from the above rules must be obtained from the Captain of
the Port or the on-scene Coast Guard Patrol Commander via VHF/FM radio,
Channel 16 or by telephone at 216-937-0111.
Dated: March 28, 2005.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 05-6952 Filed 4-6-05; 8:45 am]
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