[Federal Register: April 30, 2008 (Volume 73, Number 84)]
[Rules and Regulations]
[Page 23351-23353]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap08-15]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2008-0329]
RIN 1625-AA87
Security Zone; Cleveland Harbor, Dock 32, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone in
the eastern basin section of Lake Erie adjacent to Dock 32 in
Cleveland, OH. This zone is intended to restrict vessels during the
Ninth Coast Guard District Change of Command Ceremony on May 22, 2008.
This security zone is necessary to provide for the security and safety
of life for event participants. Entry into this zone is prohibited
unless authorized by the Captain of the Port, Buffalo, NY, or a
designated representative.
DATES: This rule is effective from 12 noon until 5 p.m. on May 22,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket USCG-2008-0329 are part of this docket are available online
at http://www.regulations.gov. This material is also available for
inspection or copying at two locations: the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays and at the U.S. Coast Guard Marine Safety Unit Cleveland, 1055
East 9th Street, Cleveland, OH 44114 between 8 a.m. and 3:30 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Nicole Starr, U.S.
Coast Guard Marine Safety Unit Cleveland, at (216) 937-0128. If you
have questions about viewing the online docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
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. 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. Delaying this rule would be
contrary to the public interest of ensuring the security of event
participants.
Background and Purpose
The Coast Guard will conduct a Change of Command ceremony along
Lake Erie at dock 32 in Cleveland, OH, on May 22, 2008. A security zone
is needed from 12 noon through 5 p.m. on that date to protect
dignitaries taking part in this high-level military ceremony and
spectators from potential threats posed by waterborne acts of sabotage
or other subversive acts.
The event will consist of a background comprised of two U.S. Coast
Guard vessels anchored perpendicular to the stern of the SS MATHER on
the waters of Cleveland Harbor at dock 32. U.S. Coast Guard patrol
vessels will be provided to prevent the movement of persons and
vessels.
Discussion of Rule
The Coast Guard is establishing a temporary security zone for the
Ninth Coast Guard District Change of Command on May 22, 2008. The zone
encompasses all waters of Lake Erie adjacent to Dock 32 in Cleveland,
OH, within a 200-yard radius originating from the north east corner of
Dock 32.
Entry into this zone is prohibited unless authorized by the Captain
of the Port or his designated representative. This security zone will
be in effect from 12 noon through 5 p.m. on May 22, 2008 to safeguard
event participants and spectators. All persons other than those
approved by the Captain of the Port Buffalo, or his on-scene
representative, are prohibited from entering or moving within this
security zone. In addition to today's publication of this temporary
[[Page 23352]]
final rule, the Coast Guard will provide notice of this security zone
and its restrictions involved via Broadcast Notice to Mariners.
Regulatory Evaluation
This 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 this rule under that Order.
This determination is based on the size and location of the
security zone within the water. Commercial vessels will not be hindered
by the security zone. Recreational vessels will be allowed to transit
through the designated security zone during the specified times if
approved by the Captain of the Port, Buffalo or his designated
representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 will 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 security zone from 12 noon until
5 p.m. on May 22, 2008. The zone will only encompass a limited area.
Shallow water vessel traffic not constrained by draft can pass safely
around the security zone. A lack of commercial vessel traffic exists in
the area during the effective period. Maritime advisories on the Change
of Command ceremony have been advertised and made widely available to
users of the waterway and will continue until the ceremony is complete.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered 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 Lieutenant Nicole Starr, U.S. Coast Guard
Marine Safety Unit Cleveland, 1055 East 9th Street, Cleveland, OH
44114; telephone (216) 937-0128.
The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.
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
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
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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these special local regulations and
fishing rights protection need not be incompatible. We have also
determined that 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 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.
Nevertheless, Indian Tribes that have questions concerning the
provisions of this Rule or options for compliance are encourage to
contact the point of contact listed under FOR FURTHER INFORMATION
CONTACT.
Energy Effects
We have 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. 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 procedure; and related management
system practices) that are developed or adopted by voluntary consensus
standards bodies.
[[Page 23353]]
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 establishes a security zone and
as such is covered by this paragraph. A final ``Environmental Analysis
Check List'' and a final ``Categorical Exclusion Determination'' are
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and record
keeping 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, 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. A new temporary Sec. 165.T09-004 is added as follows:
Sec. 165.T09-004 Security Zone; Cleveland Harbor, Dock 32.
(a) Location. The following area is a temporary security zone: all
waters of Cleveland Harbor, Cleveland, OH, within a 200 yard radius
originating from the north east corner of dock 32.
(b) Effective period. This section is effective from 12 noon until
5 p.m. on May 22, 2008.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into, transiting, or anchoring within
this security zone is prohibited unless authorized by the Captain of
the Port Buffalo, or his on-scene representative.
(2) The security zone described in paragraph (a) of this section is
closed to all vessel traffic, except as may be permitted by the Captain
of the Port Buffalo or his on-scene representative.
(3) The on-scene representative of the Captain of the Port is any
Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be onboard either
a Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter or operate within the
security zone shall contact the Captain of the Port Buffalo or his on-
scene representative to obtain permission to do so. The Captain of the
Port or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the
security zone shall comply with all directions given to them by the
Captain of the Port Buffalo or his on-scene representative.
Dated: April 14, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E8-9479 Filed 4-29-08; 8:45 am]
BILLING CODE 4910-15-P