[Federal Register: July 17, 2003 (Volume 68, Number 137)]
[Rules and Regulations]
[Page 42282-42285]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy03-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100, 117, and 165
[CGD09-03-208]
RIN 1625-AA08
RIN 1625-AA09
RIN 1625-AA00
Toledo Tall Ships Parade, July 16, 2003, Port of Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations, including an exclusionary area and spectator anchorage
areas, a regulated navigation area, 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: This rule is effective from 9 a.m. on July 16, 2003 through 5
p.m. on July 20, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD09-03-208 and are available for inspection of
copying at U.S. Coast Guard Marine Safety Office (MSO) Toledo, 420
Madison Ave, Suite 700, Toledo, Ohio 43604 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:
Regulatory Information
On May 20, 2003, we published a notice of proposed rule making
(NPRM) entitled Toledo Tall Ships Parade 2003, Port of Toledo, OH in
the Federal Register (68 FR 27498). We did not receive any letters
commenting on the proposed rule. No public hearing was requested, and
none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest of ensuring the
safety of spectators and vessels during this event and immediate action
is necessary to prevent possible loss of life or property. The Coast
Guard has not received any complaints or negative comments with regard
to this event.
Background and Purpose
These temporary special local regulations are for the Toledo 2003
Tall Ships Parade of Sail that will be held in the Maumee River from 9
a.m. through 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 regulations will
create temporary anchorage regulations and vessel movement controls
through the regulated area. The regulations will be in effect from 9
a.m. through 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 pose a
significant threat to the safety of life. This rulemaking is necessary
to ensure the safety of life on the navigable waters of the United
States.
The Coast Guard is establishing regulated areas in the Maumee River
that will be in effect during the Toledo Parade of Sail 2003 event.
These regulated areas are 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 will 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. through 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 is establishing 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 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 from 12 p.m. until 1:30 p.m. and then from 2 p.m. until
3:30 p.m. Having two prolonged openings
[[Page 42283]]
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.
Discussion of Comments and Changes
No comments were received and no changes were made to this rule.
Regulatory Evaluation
This rule 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 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
While this rule 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 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 rule will not
have a significant economic impact on a substantial number of small
entities.
This rule will 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 will 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 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 will 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 (Public Law 104-121), the Coast Guard aims to
assist small entities in understanding this rule so that they can
better evaluate its effects on them and participate in the rulemaking.
If this rule will 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 rule calls 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 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 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 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 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 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 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 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
[[Page 42284]]
does not require a Statement of Energy Effects under Executive Order
13211.
Environment
The Coast Guard considered the environmental impact of this 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.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 100, 117, and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
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. 0170.1.
0
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) Coast Guard Patrol Commander. The Coast Guard
Patrol Commander is a commissioned, warrant, or petty officer who has
been designated by the Commander, U.S. Coast Guard Group Detroit.
(2) Regulated Area. All waters of the Maumee River between 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 at mile 4.30 (NAD 83).
Note to paragraph (a)(2) of this section: 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 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) 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; 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).
(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 (a)(3)(iv) of this section, is
restricted for the use of those vessels officially participating in
Parade of Sail Toledo 2003 activities. No other vessels will be
permitted in Spectator Area D without permission of the Captain of the
Port.
(6) Vessels, except emergency, law enforcement, and those
authorized by the Captain of the Port, may not transit through the
Regulated Area.
(7) Vessels must vacate all spectator areas after the termination
of the effective period for this regulation.
(8) Vessels must mark with an identifiable buoy any anchors, which
have been fouled on obstructions if such anchors cannot be freed or
raised.
(9) Vessels that 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.
(10) Vessels are not to be left unattended in any spectator area at
any time.
(11) Vessels are prohibited from securing to or tying off to any
buoy or any other vessel within any spectator area.
(12) Vessels should maintain at least twenty (20) feet of clearance
if maneuvering between anchored vessels.
(13) Vessels are prohibited from blocking access to any designated
emergency medical evacuation areas.
(c) Effective period. This rule is effective from 9 a.m. July 16,
2003 until 5 p.m. on July 20. This section will be enforced from 9 a.m.
until 7 p.m. on July 16, 2003.
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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. 0170.1.
0
4. From 12 p.m. until 3:30 p.m., Wednesday, July 16, 2003, suspend
Sec. 117.855, and add temporary Sec. 117.856 to read as follows:
Sec. 117.856 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 open from 12 p.m. until
1:30 p.m. and then again 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.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
5. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
6. Add temporary Sec. 165.T09-208 to read as follows:
[[Page 42285]]
Sec. 165.T09-208 Regulated Navigation Area; Toledo Tall Ships 2003,
Toledo, Ohio.
(a) Regulated navigation area. (1) Location. All waters of Maumee
River between the downriver side of the Anthony Wayne Memorial Bridge
(mile 5.16) and the upriver side of the Martin Luther King Jr. Bridge
(a.k.a Cherry Street Bridge)(mile 4.3).
(2) Enforcement period. This rule is effective from 9 a.m. on July
16, 2003 until 5 p.m. on July 20, 2003. This section will be enforced
from 5 p.m. on July 16, 2003 until 5 p.m. on July 20, 2003.
(b) Special regulations. Vessels within the RNA shall not exceed 5
miles per hour or shall proceed at no-wake speed, which ever 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.
Dated: July 7, 2003.
Ronald F. Silva,
Rear Admiral, Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 03-17985 Filed 7-16-03; 8:45 am]
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