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Safety Zone: Northcoast Rockin' & Roarin' Offshore Grand Prix, Lake Erie and Cleveland Harbor, Cleveland, OH
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 2, 2001 (Volume 66, Number 127)]
[Rules and Regulations]
[Page 34832-34834]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy01-21]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-01-033]
RIN 2115-AA97
Safety Zone: Northcoast Rockin' & Roarin' Offshore Grand Prix,
Lake Erie and Cleveland Harbor, Cleveland, OH
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary Safety Zone during
the Northcoast Rockin' & Roarin' Offshore Grand Prix, Lake Erie and
Cleveland Harbor, Cleveland, OH, between 12:30 p.m. and 4:30 p.m. on
Saturday, August 11 and Sunday, August 12, 2001. The event will involve
approximately 90 race boats traveling at speeds up to 125 m.p.h. These
Safety Zone regulations are necessary to ensure the safe navigation of
vessels and the safety of life and property. This safety zone is
intended to restrict vessel traffic from a portion of the Cleveland
Harbor and Lake Erie.
DATES: This rule is effective from 12:30 p.m. until 4:30 p.m. daily on
Saturday, August 11 and on Sunday, August 12, 2001.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CDG09-01-033 and are available for copying at U.S.
Coast Guard Marine Safety Office Cleveland, 1055 East Ninth Street,
Cleveland, Ohio, 44114 between 7 a.m. and 3:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant John Natale, Chief Port
Operations Department, U.S. Coast Guard Marine Safety Office, 1055 East
Ninth Street, Cleveland, Ohio 44114; (216) 937-0111.
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 Coast Guard had
insufficient time to comply with the time requirements for publishing
an NPRM. Publication of a notice of proposed rulemaking would be
contrary to the public interest because immediate action is necessary
to prevent possible loss of life, injury, or damage to property due to
spectator vessel coming into close proximity with racing boats
traveling at excessive speeds.
Background and Purpose
During this event, approximately 90 boats ranging from 24' to 40'
will participate in a series of races. The race course will be a 9.9
mile loop including the waters of Lake Erie and Cleveland Harbor. The
race course will consist of a loop beginning at a point just east of
the eastern end of the Cleveland Harbor breakwall, proceed in a
northwesterly
[[Page 34833]]
direction toward the Cleveland Water Crib, then south through the
Cleveland Harbor main entrance and east to the starting point. Races
consist of 7 to 12 laps per race. The race boats will travel at speeds
up to 125 miles per hour. Hazards will consist of the potential for
collision with other race vessels, spectator boats or on-shore
structures. A perimeter of patrol boats will be placed around the
course to help ensure the safety of spectators and race boats. There
will be a minimum of six anchored turn boats to mark the course, six
medical boats and four or five pace boats. There will be a 1 hour and
15 minute break between the two races on each day if the request is
made by commercial shipping vessels to allow commercial shipping
traffic to enter and exit the harbor. Such requests can be made by
calling Captain of the Port Cleveland or his designated on scene
representative on VHF/FM channel 16.
The vessel congestion due to the large number of participating and
spectator vessels poses a significant threat to the safety of life.
This safety zone is necessary to ensure the safety of life on the
navigable waters of the United States.
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 it under that Order.
It is not significant under the regulatory policies and procedures of
the Department of Transportation (DOT) (44 FR 11040; February 26,
1979).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. The safety
zone will be in effect for a limited time, and extensive advance notice
will be made to the maritime community via Local Notice to Mariners,
facsimile, and marine safety information broadcasts. These temporary
regulations are tailored to impose a minimal impact on maritime
interests without compromising safety. Compensating for any adverse
impacts are the favorable economic impacts that these events will have
on commercial activity in the area as a whole from the boaters and
tourists these events are expected to attract.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 rule will
not have a significant economic impact on a substantial number of small
entities.
The rule will affect the following entities, some of which might be
small entities: the owners or operators of vessels intending to transit
within the area of the safety zone between 12:30 p.m. and 4:30 p.m. on
Saturday, August 11 or Sunday, August 12, 2001. The rule will not have
a significant economic impact on a substantial number of small entities
for the following reasons: The rule will be in effect for a short time,
and though it would apply to the harbor channel and entrance,
commercial traffic may be allowed to pass through during a 1 hour and
15 minute break between races. Before the effective period, we will
issue an extensive advance notice of the event to the maritime
community via Local Notice to Mariners, facsimile, marine safety
information broadcasts, and through the local Harbor Safety Committee.
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 on them and participate in the rulemaking process. If this
rule will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact U.S. Coast Guard 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)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This rule will not impose an unfunded mandate.
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
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. A
rule with tribal implications has a substantial direct effect on one or
more Indian tribe, 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. 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 considered the environmental impact of this rule and concluded
that
[[Page 34834]]
under figure 2-1, paragraph 34(g) and (h), and paragraph 35(a) of
Commandant Instruction M16475.1C, this proposed rule is categorically
excluded from further environmental documentation. This rule will not
cause significant impacts on the environment; significantly change
existing environmental conditions; have more than a minimal impact on
protected properties; or provide inconsistencies with State, local or
Federal laws. A ``Categorical Exclusion Determination'' is available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
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
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. Add temporary section 165.T09-950 to read as follows:
Sec. 165.T09-950 Safety zone: Northcoast Rockin' & Roarin' Offshore
Grand Prix, Lake Erie and Cleveland harbor, Cleveland, OH.
(a) Location. This safety zone includes all waters of Lake Erie
within 300-yards of the powerboat race course which is defined by an
imaginary line connecting the course turn markers. The race will
proceed around the following turn markers, from race start to finish:
Beginning at 41 deg.32'34" N, 081 deg.39'02" W, proceeding in a
northerly direction to 41 deg.32'37" N, 081 deg.39'02" W; going
westerly to 41 deg.32'37" N, 081 deg.39'06" W; continuing northwesterly
to 41 deg.31'24.5" N, 081 deg.41'50" W, and then northwesterly to
41 deg.31'33" N, 081 deg.43'38" W; and continuing to 041 deg.31'33" N,
081 deg.43'41" W; then to 041 deg.31'31" N, 081 deg.43'42" W; then
southerly to 41 deg.30'27" N, 081 deg.42'48" W; and back to the
starting point. These coordinates are based on North American Datum
1983 (NAD 83).
(b) Effective Dates. These regulations are in effect between 12:30
and 4:30 p.m. on Saturday, August 11; and during these same times on
Sunday, August 12, 2001.
(c) Regulations. (1) No vessels shall enter the Safety Zone during
the specified times. Permission to deviate from this rule must be
obtained from the Coast Guard Captain of the Port or his representative
at (216)-937-0111, any time before August 11, 2001; and during the days
of the event (August 11-12) by contacting the Captain of the Port
designated on scene representative via VHF/FM radio Channel 16.
Dated: June 22, 2001.
R.J. Perry,
Commander, U.S. Coast Guard, Captain of the Port, Cleveland, Ohio.
[FR Doc. 01-16486 Filed 6-29-01; 8:45 am]
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