[Federal Register: May 20, 2003 (Volume 68, Number 97)]
[Proposed Rules]
[Page 27501-27503]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my03-22]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 110 and 165
[CGD09-03-207]
RIN 1625-AA00
RIN 1625-AA01
Tall Ships 2003, Navy Pier, Lake Michigan, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary regulated
navigation area (RNA), a moving safety zone and temporarily suspend two
anchorage areas encompassed by the RNA for the 2003 Tall Ships
Challenge. These regulations are necessary to control vessel traffic in
the immediate vicinity for the protection of both participant and
spectator vessels during the 2003 Tall Ships Challenge and Parade of
Ships. These regulations are intended to restrict vessel traffic in a
portion of Lake Michigan in the vicinity of Chicago Harbor for the
duration of the event.
DATES: Comments and related material must reach the Coast Guard on or
before June 10, 2003.
ADDRESSES: You may mail or hand-deliver comments and related material
to Commanding Officer, U.S. Coast Guard Marine Safety Office Chicago,
215 W. 83rd Street Suite D, Burr Ridge, IL 60527. Marine Safety Office
(MSO) Chicago maintains the public docket for this rulemaking. Comments
and material received from the public, as well as the 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 at MSO Chicago between 8 a.m. and 4 p.m. Monday through Friday,
except federal holidays.
FOR FURTHER INFORMATION CONTACT: MST2 Kenneth Brockhouse, MSO Chicago,
at (630) 986-2155.
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 this rulemaking (CGD09-03-
207), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Comments and
attachments
[[Page 27502]]
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 Marine Safety Office Detroit 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
During the Chicago Tall Ships event, tall ships will be
participating in a Tall Ships Parade and then mooring in Chicago harbor
and in the Chicago River. A Regulated Navigation Area (RNA) would be
established that encompasses portions of both of the Chicago Harbor as
well as the Chicago River to protect those boarding the tall ships as
well as spectator vessels from vessels transiting at excessive speeds
creating large wakes, and also to prevent obstructed waterways. The RNA
would be established on July 30, 2003 and terminate on August 3, 2003
after all the tall ships have departed the area.
A moving safety zone would be established around those vessels
officially participating in the Tall Ships Parade of Ships. The Parade
of Ships is the start of the Tall Ships 2003 in Chicago, Illinois and a
large number of spectator vessels are expected. The parade will include
approximately 20 to 30 tall ships and will take place starting on the
morning of July 30, 2003 until the evening of July 30, 2003.
Discussion of Proposed Rule
The Coast Guard is proposing to establish an RNA starting at the
Southeast Guide Wall light at 41[deg]53'17.76'' N, 87[deg]36'09.110''
W; then south south-easterly to 41[deg]52'48'' N, 087[deg]36'08'' W;
then east to the southern most end of the outer Chicago Harbor break
wall at 41[deg]52'48'' N, 087[deg]35'26'' W; then north following the
outer Chicago Harbor break wall to 41[deg]54'11'' N, 087[deg]36'29'' W;
then southwest to the north-eastern tip of the Central District
Filtration Plant; then to the southeastern tip of the Central
Filtration Plant; then to the north-east corner of the Navy Pier; then
following the shoreline and/or seawall, including up the Chicago River
to the eastern side of the Michigan Avenue bridge, back to the point of
origin (NAD 83).
Within the RNA, no vessel shall exceed 5 mph nor produce a wake. No
vessel in the RNA shall pass within 20 feet of a moored tall ship. Any
vessel within the RNA must adhere to the direction of the Captain of
the Port or his on scene representative which will be the Patrol
Commander.
On July 30, 2003, from 10 a.m. until approximately 8 p.m. the
Parade of Sail is scheduled to take place. A moving safety zone would
be established around all tall ships participating in the parade. The
safety zone would extend 100 yards in all directions of each vessel
officially participating in the parade. The safety zone will be in
effect as tall ships pass the mustering point at 42[deg]03'24'' N,
087[deg]38'20.4'' W heading south towards Chicago Harbor (NAD 83).
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 on Regulatory Planning and Review
and therefore 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 non-
significant under Department of Homeland Security regulatory policies
and procedures. We expect the economic impact of this proposed 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
finding is based on the minimal time that vessels will be restricted
from the zone.
Small Entities
In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-
612) has determined that this rule will not 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 proposed
rule would 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 a portion of an
activated safety zone. The safety zone and suspended anchorage area
would not have a significant economic impact on a substantial number of
small entities for the following reasons. Vessel traffic can safely
pass outside the proposed safety zone during the event. Traffic would
be allowed to pass through the safety zone only with the permission of
the Captain of the Port or his on scene representative which will be
the Patrol Commander. In addition, before the effective period, the
Coast Guard would issue maritime advisories widely available to users
who might be in the affected area.
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), the Coast Guard wants 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 MSO Chicago (see
ADDRESSES.)
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
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule does not have implications for
federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a state,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise
[[Page 27503]]
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 has considered the environmental impact of this
proposed rule and concluded that, under figure 2-1, paragraph 32(g) 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 for
inspection or copying where indicated under ADDRESSES.
List of Subjects
33 CFR Part 110
Anchorage grounds.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 110 and 165 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1(g), and Department of Homeland Security No. 0170.
Sec. 110.205 Suspended
2. From 10:30 a.m. (local time) on July 30, 2003, until 8 p.m.
(local time) on August 3, 2003, Sec. 110.205(a)(1) and (a)(2) are
temporarily suspended.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
3. 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; Department of Homeland Security Delegation
No. 0170.
4. From 10 a.m. on Wednesday, July 30, 2003 through 5 p.m. on
Sunday, August 3, 2003, add Sec. 165.T09-207 to read as follows:
Sec. 165.T09-207 Tall Ships 2003, Navy Pier, Lake Michigan, Chicago,
IL.
(a) Regulated navigation area.
(1) Location. The following is a regulated navigation area (RNA):
starting at the Southeast Guide Wall light at 41[deg]53'17.76'' N,
87[deg]36'09.110'' W; then south south-easterly to 41[deg]52'48'' N,
087[deg]36'08'' W; then east to the southern most end of the outer
Chicago Harbor break wall at 41[deg]52'48'' N, 087[deg]35'26'' W; then
north following the outer Chicago Harbor break wall to 41[deg]54'11''
N, 087[deg]36'29'' W; then southwest to the north-eastern tip of the
Central District Filtration Plant; then to the southeastern tip of the
Central Filtration Plant; then to the north-east corner of the Navy
Pier; then following the shoreline and/or seawall, including up the
Chicago River to the eastern side of the Michigan Avenue bridge, back
to the point of origin (NAD 83).
(2) Enforcement period. The section will be enforced from 8 p.m. on
Wednesday, July 30, 2003 until 5 p.m. on Sunday, August 3, 2003.
(3) Special regulations. Vessels within the RNA shall not exceed 5
miles per hour or shall proceed at no-wake speed, whichever is slower.
Vessels within the RNA shall not pass within 20 feet of a moored tall
ship. Vessels within the RNA must adhere to the direction of the Patrol
Commander or other official patrol craft.
(b) Safety zone.--(1) Location. The following is a moving safety
zone: All navigable waters 100 yards ahead of the first official parade
vessel, 50 yards abeam of each parade vessel, and 50 yards astern of
the last vessel in the parade between the muster point at
42[deg]03'24'' N, 087[deg]38'20.4'' W until each official parade vessel
is moored (NAD 83).
(2) Enforcement period. This section will be enforced from 10 a.m.
until 8 p.m., or until the last tall ship is moored, on Wednesday, July
30, 2003.
(c) Regulations.--(1) All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on scene patrol personnel. Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon
being hailed by a U.S. Coast Guard vessel via siren, radio, flashing
light, or other means, the operator shall proceed as directed. U.S.
Coast Guard Auxiliary, representatives of the event organizer, and
local or state officials may be present to inform vessel operators of
this regulation and other applicable laws.
(2) In cases where shipping is affected by this section, commercial
vessels may request permission from the Captain of the Port, Chicago to
transit the safety zone. Approval in such cases will be case-by-case.
Requests must be made in advance and approved by the Captain of the
Port or his designated on-scene representative. The Captain of the
Port, Chicago or his designated on-scene representative may be
contacted on Channel 16, VHF-FM.
Dated: May 6, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-12494 Filed 5-19-03; 8:45 am]
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