[Federal Register: July 17, 2003 (Volume 68, Number 137)]
[Rules and Regulations]
[Page 42285-42287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy03-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 110 and 165
[CGD09-03-207]
RIN 1625-AA01
RIN 1625-AA00
Tall Ships 2003, Navy Pier, Chicago, IL, July 30-August 4, 2003
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area (RNA), a moving safety zone and temporarily suspending
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: This rule is effective from 10 a.m. on July 30, 2003 through 5
p.m. August 3, 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 CGD09-03-207 and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd
Street, Suite D, Burr Ridge, IL 60527, 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:
Regulatory Information
On May 20, 2003, we published a notice of proposed rule making
(NPRM) entitled Tall Ships 2003, Navy Pier, Lake Michigan, Chicago, IL
in the Federal Register (68 FR 27501). 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
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) will be
established that encompasses portions of both 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
will 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 will 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 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 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 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 final
rule would not have a significant economic impact on a substantial
number of small entities. This final 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
[[Page 42286]]
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 (Pub. L. 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 final 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 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 final rule would not impose an unfunded mandate.
Taking of Private Property
This final 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 final 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 final 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 does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
The Coast Guard has considered the environmental impact of this
final 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.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 110 and 165 as follows:
PART 110--ANCHORAGE REGULATIONS
0
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]
0
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
0
3. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 70: 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
4. 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:
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. This section is effective from 10 a.m. on
Wednesday, July 30, 2003 through 5 p.m. on Sunday, August 3, 2003. 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, 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.
(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
[[Page 42287]]
42[deg]03'24'' N, 087[deg]38'20.4'' W until each official parade vessel
is moored (NAD 83).
(2) Enforcement period. This rule is effective from 10 a.m. on
Wednesday, July 30, 2003 through 5 p.m. on Sunday, August 3, 2003. 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) Most of the locations are outside of navigation channels and
will not adversely affect shipping. In cases where shipping is
affected, 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: July 7, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-18117 Filed 7-16-03; 8:45 am]
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