65FR37285 Safety Zone: Lake Erie, Ottawa River, Washington Township, Ohio
robop...@us.govnews.org
Posting-number: Volume 65, Issue 115, Page 37285
[Federal Register: June 14, 2000 (Volume 65, Number 115)]
[Rules and Regulations]
[Page 37285-37286]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn00-12]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-00-014]
RIN 2115-AA97
Safety Zone: Lake Erie, Ottawa River, Washington Township, Ohio
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Ottawa River, in the state of Ohio. This zone restricts the entry of
vessels into the area designated for the June 24, 2000 Summerfest
fireworks display. This temporary safety zone is necessary to protect
mariners in case of accidental misfire of fireworks mortar rounds.
DATES: This rule is effective from 2:30 P.M., to 11 P.M. June 24, 2000.
ADDRESSES: The U.S. Coast Guard Marine Safety Office in Toledo, Ohio
maintains the public docket for this rule. Documents identified in this
rule will be available for public copying and inspection between 9:30
A.M. and 2 P.M., Monday through Friday, except federal holidays. The
Marine Safety Office is located at 420 Madison Ave, Suite 700, Toledo,
Ohio 43604; (419) 259-6372.
FOR FURTHER INFORMATION CONTACT: Chief Marine Science Technician
Michael Pearson, Asst. Chief of Port Operations, Marine Safety Office,
420 Madison Ave, Suite 700, Toledo, Ohio 43604; (419) 259-6372.
SUPPLEMENTARY INFORMATION: We did not publish a notice of proposed
rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(3)(B), the
Coast Guard finds that good cause exists for not publishing an NPRM.
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. Publication of a notice of
proposed rulemaking and delay of effective date would be contrary to
public interest because immediate action is necessary to protect the
maritime public and other persons from the hazards associated with
fireworks displays.
Background and Purpose
This temporary rule is necessary to ensure the safety of the
maritime community during setup, loading and firing operations of
fireworks in conjunction with the City of Toledo Summerfest Fireworks.
Entry into the safety zone without permission of the Captain of the
port is prohibited. The Captain of the Port may be contacted via Coast
Guard Station Toledo on VHF-FM 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 Transportation (DOT) (44 FR 11040,
February 26, 1979). This finding is based on the historical lack of
vessel traffic at this time of year.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this 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.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for less than one day when vessel traffic can
pass safely around the safety zone.
Assistance for Small Entities
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), assistance to small entities in
understanding the rule so that they could better evaluate its effects
on them and participate in the rulemaking process is available upon
request. 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 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 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.
[[Page 37286]]
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 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.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Vessels, 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; and 33 CFR 1.05-1(g),
6.04-6, and 160.5; and 49 CFR 1.46.
2. A new temporary section 165.T09-014 is added to read as follows:
Sec. 165.T09-014 Safety zone: Lake Erie, Ottawa River, Ohio Washington
Township, Ohio.
(a) Location. The following area is a temporary safety zone. The
waters and adjacent shoreline inside a 420' radius as extended from
position 41 deg.43 min.21 sec. N by 083 deg.28 min.46 sec.W, off the
southeast end of the Summit Street Bridge structure. Lake Erie, Ohio.
All nautical positions are based on North American Datum of 1983.
(b) Effective dates. This regulation is effective between the hours
of 2:30 P.M. TO 11 P.M., June 24, 2000, unless terminated earlier by
the Captain of the Port.
(c) Restrictions. In accordance with the general regulations in
section 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port.
Dated: June 1, 2000.
David L. Scott,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 00-15055 Filed 6-13-00; 8:45 am]
BILLING CODE 4910-15-U