[Federal Register: May 20, 2003 (Volume 68, Number 97)]
[Proposed Rules]
[Page 27498-27501]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my03-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 117
[CGD09-03-208]
RIN 1625-AA08
RIN 1625-AA09
Toledo Tall Ships Parade 2003, Port of Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary regulations,
including an exclusionary area and spectator anchorage areas, as well
as drawbridge regulations for the Parade of Sail Toledo 2003 in the
Port of Toledo, Ohio, on July 16, 2003. These regulations are necessary
to promote the safe navigation of vessels and the safety of life and
property during the heavy volume of vessel traffic expected during this
event. These regulations are intended to restrict vessel traffic from a
portion of Lake Erie and the Maumee River.
DATES: Comments and related material must reach the Coast Guard on or
before June 15, 2003.
ADDRESSES: You may mail or hand-deliver comments and related material
to Marine Safety Office (MSO) Toledo, 420 Madison Ave, Suite 700,
Toledo, Ohio 43604. MSO Toledo maintains the public docket for this
rulemaking. Comments and materials received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying between 8 a.m. and 4 p.m., Monday through Friday, except
Federal Holidays.
FOR FURTHER INFORMATION CONTACT: LT Herb Oertli, Chief of Port
Operations, MSO Toledo, at (419) 418-6050.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for
[[Page 27499]]
this rulemaking (CGD09-03-208), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. Comments and attachments should be submitted on 8 \1/2\'' x
11'' unbound paper in a format suitable for copying. Persons requesting
acknowledgement of receipt of comments should include a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to MSO Toledo at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The proposed temporary special local regulations are for the Toledo
2003 Tall Ships Parade of Sail that will be held in the Maumee River.
The parade is currently scheduled to occur from 2 p.m. until 7 p.m. on
July 16, 2003. These regulations will assist in providing for the
safety of life on navigable waters and to protect commercial vessels,
tall ships, spectators, and the Port of Toledo during this event.
American Sail Training Association is sponsoring Sail Toledo 2003.
The scheduled events will occur July 16, 2003 in the Port of Toledo and
surrounding waters. This event will consist of a Parade of Sail from
the mouth of the Maumee River to Independence Park. The parade route
will originate in Maumee Bay and continue inbound up the Maumee Bay and
Maumee River channel to various berths throughout the Port of Toledo.
The Coast Guard expects several hundred spectator crafts to attend
the parade of sail and tall ship celebration. The proposed regulations
would create temporary anchorage regulations and vessel movement
controls through the regulated area. The proposed regulations would be
in effect from 9 a.m. until 7 p.m. on July 16, 2003. Vessel congestion,
due to the anticipated large number of participating and spectator
vessels, introduces extra or unusual hazards during this event poses a
significant threat to the safety of life. This proposed rulemaking is
necessary to ensure the safety of life on the navigable waters of the
United States.
The Coast Guard proposes to establish a regulated area in the
Maumee River that will be in effect during the Toledo Parade of Sail
2003 event. This proposed regulated area is needed to permit
unrestricted law enforcement vessel access to support facilities.
Additionally, the regulated areas will protect the maritime public and
participating vessels from possible hazards to navigation associated
with the dense vessel traffic.
The regulated area would cover all portions of the Maumee River
upriver of a line drawn between north-east corner of Grassy Island at
41[deg]42'24''N, 083[deg]26'48''W and the south-west corner of Spoil
area at 41[deg]42'17''N, 083[deg]26'38''W to the downriver side of the
Anthony Wayne Bridge. All coordinates are based upon North American
Datum 1983 (NAD 83). This temporary regulated area would be in effect
from 9 a.m. until 7 p.m. on July 16, 2003.
On July 16, 2003, following the Parade of Sail, restrictions on
vessels on the Maumee River will reopen in sequence with the movement
and mooring of the final flotilla of tall ships. After the final
flotilla of tall ships have passed the Martin Luther King, Jr. Bridge,
vessel operators anchored in spectator anchorages north of the Martin
Luther King Bridge may depart for locations outside of the Maumee
River. After the final flotilla of tall ships has safely moored, vessel
operators may transit the Maumee River. Vessels transiting the Maumee
River must proceed as directed by on-scene Coast Guard personnel.
The Coast Guard proposes to establish spectator anchorage areas for
spectator craft. All other vessels except those viewing the Parade of
Sail Toledo 2003 are restricted from using these spectator anchorages.
These spectator anchorage areas will be in effect on July 16, 2003.
To ensure the safety of the participating vessels during the
parade, there will be two prolonged bridge openings on July 16, 2003.
The CSX railroad bridge at mile 1.07, the Norfolk & Southern railroad
bridge at mile 1.80, the Craig Memorial bridge at mile 3.30, and the
Martin Luther King Memorial (a.k.a. Cherry Street) bridge at mile 4.30
will remain open to navigation from 12 p.m. until 1:30 p.m. and then
from 2 p.m. until 3:30 p.m. Having two prolonged openings will
accommodate participating vessels while at the same time allowing for
both vehicular and pedestrian traffic the opportunity to cross the
bridges during the parade.
Regulatory Evaluation
This proposed rule is not ``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 the
Order. The Office of Management and Budget has not reviewed it under
that Order. It is not significant under the regulatory policies and
procedures of the Department of Homeland Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
While this proposed regulation imposes traffic restrictions in
portions of the Maumee River during the events, the effect of this
regulation will not be significant for the following reasons: The
regulated areas, spectator anchorages, will be limited in duration; and
extensive advance notice will be made to the maritime community via
Local Notice to Mariners, facsimile, marine safety information
broadcasts, local Port Operators Group meetings, the Internet, and
Toledo area newspapers and media. The advance notice will permit
mariners to adjust their plans accordingly. Additionally, these
regulated areas are tailored to impose the least impact on maritime
interests without compromising safety.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), an initial
review was conducted to determine whether this proposed 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.
For the reasons stated in the Regulatory Evaluation section above,
the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule, if adopted, will not have a significant economic impact on a
substantial number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in portions of Maumee River during
various times on July 16, 2003. These regulations would not have a
significant economic impact on a substantial number of small entities
because the Coast Guard will notify the public via mailings,
facsimiles, Local
[[Page 27500]]
Notice to Mariners, marine safety information broadcasts, local Port
Operators Group meetings, the media, the Internet, and Toledo area
newspapers. In addition, the sponsoring organization, Huntington Toledo
Tall Ships 2003, plans to announce event information in local
newspapers, pamphlets, and television and radio broadcasts. This
advance notice will permit mariners to adjust their plans accordingly.
Although these regulations would apply to a substantial portion of the
Port of Toledo, areas for viewing the Parade of Sail, are being
established to maximize the use of the waterways by commercial vessels
that usually operate in the affected areas.
If you think that your businesses, organization, or governmental
jurisdiction qualifies as a small entity and believe that this rule
would significantly impact them may submit a comment (see ADDRESSES)
explaining why they think they qualify and how and to what degree this
rule would economically affect them.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard aims to assist
small entities in understanding this proposed rule so that they can
better evaluate its effects on them and participate in the rulemaking.
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 Herb
Oertli, MSO Toledo, at (419) 418-6040.
Collection of Information
This proposed 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
direct cost of compliance on them. We have analyzed this proposed 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 proposed rule would 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 proposed 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 proposed 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.
Energy Effects
We have analyzed this proposed 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that, under figure 2-1, paragraphs 34 (f,
g, and h) of Commandant Instruction M16475.1C, this proposed rule is
categorically excluded from further environmental documentation. A
written ``Categorical Exclusion Determination'' is available in the
docket where indicated under ADDRESSES.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 and 117 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; Department of Homeland
Security Delegation No. 0170.
2. Add temporary Sec. 100.T09-208 to read as follows:
Sec. 100.TO9-208 Regulated area, Toledo Tall Ships Parade 2003, Port
of Toledo, OH
(a) Definitions.
(1) Regulated Area. All waters of the Maumee River between a line
drawn between north-east corner of Grassy Island at 41[deg]24'24'' N,
083[deg]26'48'' W and the south-west corner of Spoil area at
41[deg]42'17'' N, 083[deg]26'38'' W; to the downriver side of the
Anthony Wayne Bridge at mile 4.30.
(2) Spectator Vessel Anchorage Areas.
(i) Area A. All waters of Maumee river south of Grassy Island,
bounded by the following: Beginning at 41[deg]41.56' N, 083[deg]28.35'
W; then south-east to 41[deg]41.52' N, 083[deg]28.29' W; then south-
west to 41[deg]41.18' N, 083[deg]28.73' W; then north-west to
41[deg]41.23' N, 083[deg]28.8' W; then back to the beginning (NAD 83).
(ii) Area B. All waters of Maumee River bounded by the following:
Beginning at 41[deg]41.06' N, 083[deg]29.04' W; then south-east to
41[deg]41.01' N, 083[deg]28.96' W; then south-west to 41[deg]40.61' N,
083[deg]29.38' W; then north-west to 41[deg]40.661' N, 083[deg] 29.45'
W; then back to the beginning (NAD 83).
(iii) Area C. All waters of the Maumee River bounded by the
following: Beginning at 41[deg]40.48' N, 083[deg]29.66' W;
[[Page 27501]]
then south-east to 41[deg]40.43' N, 083[deg]29.56' W; then south-west
to 41[deg]40.18' N, 083[deg]29.89' W; then north-west to 41[deg]40.24'
N, 083[deg]29.98' W; then back to the beginning (NAD 83).
(iv) Area D. All waters of the Maumee River bounded by the
following: Beginning at 41[deg]39.22' N, 083[deg]31.51' W; then south-
east to 41[deg]39.16' N, 083[deg]31.45' W; then south-west to
41[deg]39.09' N, 083[deg]31.58' W then north-west to 41[deg]39.14' N,
083[deg]31.63' W; then back to the of beginning (NAD 83).
Note to paragraph (a)(2): Mariners are cautioned that these
areas being established as spectator areas have not been subject to
any special survey or inspection and that charts may not show all
seabed obstructions or the shallowest depths. In addition,
substantial currents may exist in these spectator areas and not all
portions of these areas are over good holding ground. Mariners are
advised to take appropriate precautions when using these spectator
areas.
(3) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer who has been designated by
the Commander, Group Detroit.
(b) Special Local Regulations. (1) Except for vessels officially
participating in the Toledo Tall Ships Parade 2003, or those vessels in
designated spectator areas, no person or vessel may enter or remain in
the regulated area without the permission of the Coast Guard Patrol
Commander.
(2) Vessels in any spectator area shall proceed at no wake speeds
not to exceed five miles per hour, unless otherwise authorized by the
Captain of the Port.
(3) Vessel operators shall comply with the instructions of on-scene
Coast Guard patrol personnel.
(4) After completion of the Parade of Sail on July 16, 2003, vessel
operators within the Regulated Area are prohibited from passing
outbound patrol vessels showing blue lights.
(5) Anchorage Area D, in paragraph (b)(iv) of his section, is
restricted for use the of those vessels officially participating in
Parade of Sail Toledo 2000 activities. No other vessels will be
permitted in Spectator Area D without permission of the Captain of the
Port.
(7) Vessels, except emergency, law enforcement, and those
authorized by the Captain of the Port, may not transit through the
regulated area.
(8) Vessels must vacate all spectator areas after the termination
of the effective period for this regulation.
(9) Vessels must mark with an identifiable buoy any anchors which
have been fouled on obstructions if such anchors cannot be freed or
raised.
(10) Vessels which would like to view the tall ship events
occurring in Maumee Bay prior to the tall ships entering the Maumee
River must use Spectator Area A.
(11) Vessels are not to be left unattended in any spectator area at
any time.
(12) Vessels are prohibited from securing tying off to any buoy or
any other vessel within any spectator area.
(13) Vessels should maintain at least twenty (20) feet of clearance
if maneuvering between anchored vessels.
(14) Vessels are prohibited from blocking access to any designated
emergency medical evacuation areas.
(c) Effective period. This section is effective from 9 a.m. until 7
p.m. on July 16, 2003.
PART 117--DRAWBRIDGE OPERATION REGULATIONS
3. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Section 117.255 also
issued under authority of Pub. L. 102-587, 106 Stat. 5039;
Department of Homeland Security Delegation No. 0170.
4. From 12 p.m. until 3:30 p.m., Wednesday, July 16, 2003, suspend
Sec. 117.855, and add temporary Sec. 117.T856 to read as follows:
Sec. 117.T856 Maumee River.
(a) The draws of the CSX Transportation railroad bridge, mile 1.07,
Norfolk Southern railroad bridge, mile 1.80, Craig Memorial highway
bridge, mile 3.30, and the Martin Luther King Memorial Bridge (a.k.a.
Cherry Street Highway Bridge), mile 4.30, will remain open to
navigation from 12 p.m. until 1:30 p.m. and from 2 p.m. until 3:30 p.m.
(b) The draw of the Norfolk Southern railroad bridge, mile 5.76,
shall open on signal.
Dated: May 6, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-12492 Filed 5-19-03; 8:45 am]
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