[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
[Rules and Regulations]
[Pages 29020-29021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14423]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD09-96-002]
RIN 2115-AA97
Safety Zone: Lake Erie, Detroit to Cleveland
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a moving safety zone around
the M/V AMERICAN REPUBLIC on Sunday, June 9, 1996, as it transits Lake
Erie from Detroit to Cleveland. During this time, the M/V AMERICAN
REPUBLIC will be transporting the 1996 Summer Olympics Torch Runner on
the Detroit to Cleveland leg of the cross-country relay. This safety
zone is necessary to protect the vessel and its passengers from vessels
which may impede its passage.
EFFECTIVE DATES: This rule is effective at 8 a.m. on June 9, 1996, and
terminates at 11 p.m. on June 9, 1996, unless terminated earlier by the
Coast Guard Captain of the Port Detroit or Cleveland.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Rhae Giacoma, Assistant Chief, Marine Port and
Environmental Safety Branch, Ninth Coast Guard District, Room 2069,
1240 E. Ninth Street, Cleveland, Ohio, 44199-2060, (216) 522-3994.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Prior to the opening of the 1996 Summer Olympics in Atlanta, GA,
the Olympic Torch will be carried cross country by way of relay. The
relay will begin in Los Angeles, CA and terminate in Atlanta, GA. Part
of the relay includes an over-water leg from Detroit, MI to Cleveland,
OH. For this leg, the Olympic Torch and Runner will be transported
across Lake Erie onboard the Great Lakes cargo vessel M/V AMERICAN
REPUBLIC. The Torch Runner will arrive in Detroit Hart Plaza on the
morning of June 9, 1996, where he will board the M/V AMERICAN REPUBLIC
for transit to Cleveland. The vessel is expected to arrive at Cleveland
City Dock the evening of June 9, 1996.
The M/V AMERICAN REPUBLIC will be taking the following route: From
Detroit, the transit will follow the shipping channel down the Detroit
River, then 095 degrees true across northern Lake Erie (transiting
north of Pelee Island) to Pelee Passage Light, through Pelee Passage,
then 111 degrees true to Cleveland.
A 200-yard moving safety zone will be in place around the M/V
AMERICAN REPUBLIC during its entire voyage from Detroit to Cleveland.
The U.S. Coast Guard Cutter BRISTOL BAY will escort the M/V AMERICAN
REPUBLIC throughout the voyage. Other Coast Guard vessels (including
Coast Guard Auxiliary) will join in escorting the M/V AMERICAN REPUBLIC
at various locations where vessel congestion is expected to be heavy.
The safety zone is being established for the protection of the M/V
AMERICAN REPUBLIC and all personnel onboard, as well as for the
protection of vessels and personnel operating in the vicinity of the
vessel during it voyage. The M/V AMERICAN REPUBLIC is a 634 foot
vessel. Because of its size, it is restricted in its ability to
maneuver. Since the transit from Detroit to Cleveland will be taking
place on a Sunday, media and public interest is expected to be high.
Boating traffic on Lake Erie is anticipated to be heavy, particularly
in the areas close to the ports of Detroit and Cleveland. The safety
zone is essential to ensure vessels and personnel do not interfere with
the safe transit of the vessel throughout its voyage and to protect the
safety of spectator craft. However, the Captain of the Port may reduce
the size of the safety zone within the outer limits prescribed in the
regulation whenever it appears to the Captain of the Port that this may
be done so with due regard for safety.
This regulation is issued pursuant to 33 U.S.C. 1225 and 1231, as
set out in the authority section for all of Part 165.
Notice and Comment
A notice of proposed rulemaking was published on April 18, 1996 (61
FR
[[Page 29021]]
16886), inviting comments on this rulemaking. The deadline for comments
passed on May 20, 1996, with no objections or other comments received.
In accordance with 5 U.S.C. 553, good cause exists for making the rule
effective less than 30 days after Federal Register publication. Delay
in the effective date would be contrary to the public interest because
immediate action is necessary to prevent possible loss of life, injury,
or damage to property or the environment at the time of the scheduled
event.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under section 2.B.2.c of the Coast Guard
Commandant Instruction M16475.1B, it is categorically excluded from
further environmental documentation, and has so certified in the docket
file.
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this regulation does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment.
Regulatory Evaluation
This regulation is considered to be nonsignificant under Executive
Order 12866 on Regulatory Planning and Review and nonsignificant under
Department of Transportation regulatory policies and procedures (44 FR
11034 of February 26, 1979).
Small Entities
The economic impact of this regulation is expected to be so minimal
that a full regulatory evaluation is unnecessary. Since the impact of
this regulation is expected to be minimal, the Coast Guard certifies
that, it will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This regulation will impose no collection of information
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Security measures,
Vessels, Waterways.
Regulations: In consideration of the foregoing, the Coast Guard
amends Subpart C of Part 165 of title 33, Code of Federal Regulations
as follows:
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),
6.04-6, and 160.5; and 49 CFR 1.46.
2. A new temporary regulation is added to read as follows:
Sec. 165.T09-002 Safety Zone: Lake Erie, From Detroit, MI to
Cleveland, OH.
(a) Location. The following area is a moving safety zone: Within
200 yards of the M/V AMERICAN REPUBLIC as it transits Lake Erie from
Detroit, MI to Cleveland, OH.
(b) Effective Date. This section is effective at 8 a.m. on June 9,
1996, and terminates at 11 p.m. on June 9, 1996, unless terminated
earlier by the Coast Guard Captain of the Port Detroit or Cleveland.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port.
Dated: 29 May 1996.
Paul J. Pluta,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District,
Acting.
[FR Doc. 96-14423 Filed 6-6-96; 8:45 am]
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