[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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