55534 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–05–126] 

RIN 1625–AA00 

Safety Zone; Transfer of M/V WILLIAM 

G. MATHER, Cleveland, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone for the 

transfer of the M/V MATHER from the 

Municipal Pier to Cleveland City Docks. 

This safety zone is intended to manage 

vessel traffic in order to provide for the 

safety of life and property on navigable 

waters during the event. 

DATES: This rule is in effect from 10 a.m. 

(local) through 11 a.m. (local) on 

September 24, 2005. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket CGD09–

05–126 are part of this docket are 

available for inspection or copying at 

MSU 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: LT 

Nicole Starr, U.S. Coast Guard Marine 

Safety Unit 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 exact 

date of the event was not known with 

sufficient time to allow for the 

publication of an NPRM followed by an 

effective date before the event. 

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. Delaying this rule would be 

contrary to the public interest of 

ensuring the safety of spectators and 

vessels during this event, and 

immediate action is necessary to 

prevent possible loss of life or property. 

Background and Purpose 

This safety zone is necessary to 

protect the participants and spectator 

vessels during the transfer of the M/V 

WILLIAM G. MATHER from hazards 

associated with towing a museum ship 

that will not be under her own power 

during the transfer. The Captain of the 

Port has determined that this event 

poses a minor threat to the participants 

as well as spectator vessels due to the 

hazards associated with these events. 

The combination of inexperienced 

recreational boaters and large number of 

commercial vessels that transit this area 

could easily result in serious injuries or 

fatalities. 

Discussion of Rule 

The Coast Guard is proposing a safety 

zone in Cleveland Harbor, Cleveland, 

Ohio. This safety zone will encompass 

all waters in Cleveland Harbor, to 

include the North Coast Harbor, 

originating at a line drawn from Pier 32, 

at position 41°30′36′′ N, 081°42′56′′ W, 

extending to position 41°30′43′′ N, 

081°42′03′′ W, thence to Buoy 11 (LLNR 

4135) at position 41°30′49′′ N, 

081°41′53′′ W in Cleveland Harbor, 

thence to the Northeast corner of 

Municipal Pier at position 41°30′43′′ N, 

081°41′47′′ W. These coordinates are 

based upon North American Datum 

1983 (NAD 83). The Coast Guard will 

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 Unit Cleveland, by 

facsimile. 

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. 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 paragraph 

10(e) of the regulatory policies and 

procedures of DHS is unnecessary. 

This determination is based on the 

size and location of the safety zone 

within the water. Commercial vessels 

will not be hindered by the safety zone, 

as all commercial traffic will be diverted 

through the Lake Approach Channel. 

Recreational vessels will not be allowed 

to transit through the designated safety 

zone during the specified times. 

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 

commercial vessels intending to transit 

a portion of the activated safety zone. 

This safety 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 a few hours on 

the day of the event. Before the 

activation of the safety zone, the Coast 

Guard will issue maritime advisories 

available to users who may be impacted 

through notification in the Federal 

Register, the Ninth District Coast Guard 

Local Notice to Mariners, 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 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 would 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. 

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 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55535 

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 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 

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 

This proposed 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. 

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 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. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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. This 

event establishes a safety zone therefore 

paragraph (34)(g) of the Instruction 

applies. 

A preliminary ‘‘Environmental 

Analysis Check List’’ is available in the 

docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether the rule 

should be categorically excluded from 

further environmental review. 

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 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. A new temporary § 165.T09–126 is 

added read as follows: 

§ 165.T09–126 Safety Zone; 2005 transfer 

of Museum ship M/V WILLIAM G. MATHER, 

Cleveland Harbor, Cleveland, Ohio 

(a) Location. All waters in Cleveland 

Harbor, to include the North Coast 

Harbor, originating at a line drawn from 

Pier 32, at position 41°30′36′′ N, 

081°42′56′′ W, extending to position 

41°30′43′′ N, 081°42′03′′ W, thence to 

Buoy 11 (LLNR 4135) at position 

41°30′49′′ N, 081°41′53′′ W in Cleveland 

Harbor, thence to the Northeast corner 

of Municipal Pier at position 41°30′43′′ 

N, 081°41′47′′ W. These coordinates are 

based upon North American Datum 

1983 (NAD 83). 

(b) Effective Period. This section is 

effective from 10 a.m. (local) through 11 

a.m. (local) on September 24, 2005. 

(c) Regulations. Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port Buffalo 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. 

S.J. Ferguson, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 05–18929 Filed 9–21–05; 8:45 am] 

BILLING CODE 4910–15–P