[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Rules and Regulations]
[Pages 45669-45670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21692]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD09-95-009]
RIN 2115-AA97
Safety Zone; Lake Erie, in the Vicinity of Euclid, OH
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie with a one quarter mile radius centered on 41-47.6' N, 081-
36.1' W. This safety zone is needed in the warmer summer months to
prevent recreational and commercial divers from tampering with the
exposed valves on the sunken tank barge Cleveco. Such tampering may
lead to the release of oil in quantities that may be harmful to the
environment, as the Cleveco contains approximately 165,000 gallons of
oil. In addition, the Coast Guard is making preparations to remove the
oil from the tank barge this summer. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port.
EFFECTIVE DATES: This regulation becomes effective at 12 noon EST on
May 29, 1995, and terminates at 12 noon EST on October 1, 1995, unless
terminated earlier by the Coast Guard Captain of the Port, Cleveland,
Ohio.
FOR FURTHER INFORMATION CONTACT: Lieutenant Eric M. King, Chief, Port
Operations, Coast Guard Marine Safety Office Cleveland, 1055 East Ninth
Street, Cleveland, OH 44114, (216) 522-4405.
SUPPLEMENTARY INFORMATION:.
Background and Purpose
On July 14, 1994, the Army Corps of Engineers and the Coast Guard
located the tank barge Cleveco, sunk nine miles offshore from Euclid,
Ohio in Lake Erie. The tank barge rests keel up in 70 feet of water and
contains approximately 165,000 gallons of oil. On July 16, 1994 a
safety zone was established for 180 days to prevent unauthorized
personnel from conducting underwater activities on or around the
Cleveco, and from impeding the preliminary salvage activities of the
Coast Guard and those under their supervision (59 FR 44317; August 29,
1994). Now that the waters of Lake Erie are again warming,
establishment of the safety zone is again required for the same
reasons. Additionally, the Coast Guard will supervise the removal of
oil from the Cleveco this summer. Commercial underwater salvage
equipment will be utilized to remove the oil from the barge, requiring
heavy equipment and diving apparatus to support below-surface
operations. Therefore, persons and vessels will be prohibited from
transiting this area.
Persons or vessels requiring entry into or passage through the
safety zone must first request authorization from the Captain of the
Port or one of his designated representatives. The designated
representatives of the Captain of the Port are the senior Coast Guard
commissioned, warrant, or petty officer on the vessel enforcing the
safety zone, and the Command Duty Officer at Marine Safety Office
Cleveland, Ohio. The senior officer on the vessel enforcing the safety
zone can be contacted on VHF-FM Channel 16. The Captain of the Port,
Cleveland, and the Command Duty Officer at Marine Safety Office
Cleveland can be contacted at telephone number (216) 522-4405.
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for this regulation and good cause exists for making
it effective less than 30 days after Federal Register publication.
There were no comments received for the July 16, 1994 safety zone
covering the same geographic location. Publication of a notice of
proposed rulemaking and delay in the effective date would be contrary
to the public interest because the safety zone is necessary to prevent
possible loss of life, injury, or damage to property or the
environment. In the event that unauthorized recreational or commercial
divers tamper with the barge and its associated valves, a major oil
release could occur, threatening lives and the environment.
Drafting Information
The drafters of this regulation are Lieutenant Eric M. King,
project officer, Chief, Port Operations, Marine Safety Office
Cleveland, Ohio, Commander M. Eric Reeves, program staff officer,
Chief, Marine Port and Environmental Safety Branch, Ninth Coast Guard
District, and
[[Page 45670]]
Lieutenant Karen E. Lloyd, project attorney, Ninth Coast Guard District
Legal Office.
Regulatory Evaluation
This regulation 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. It has not been reviewed by the Office of Management and
Budget 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). The Coast Guard expects the economic
impact of the proposal to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under section 2.B.2 of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirement, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 165 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),
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.
2. A new temporary section Sec. 165.T09-009 is added to read as
follows:
Sec. 165.T09-009 Safety Zone; Lake Erie, in the Vicinity of Euclid,
OH.
(a) Location. The following area is a safety zone: one quarter mile
radius centered on 41-47.6N, 081-36.1W, covering the surface waters of
Lake Erie down to the lake's bottom. (CNAD 83)
(b) Effective dates. This section becomes effective at 12 noon EST
on May 29, 1995, and terminates at 12 noon EST on October 1, 1995
unless terminated earlier by the Coast Guard Captain of the Port.
(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 Coast Guard Captain of the Port or his designated
representative. The senior officer on the vessel enforcing the safety
zone can be contacted on VHF-FM Channel 16. The Captain of the Port,
Cleveland, and the Command Duty Officer at Marine Safety Office
Cleveland can be contacted at telephone number (216) 522-4405.
Dated: May 12, 1995.
J.J. Davin, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 95-21692 Filed 8-31-95; 8:45 am]
BILLING CODE 4910-14-M