[Federal Register: March 24, 2003 (Volume 68, Number 56)]
[Proposed Rules]
[Page 14170-14173]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr03-25]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 14170]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 117 and 165
[CGD09-03-204]
[RIN 1625-AA09; 1625-AA00]
Temporary Regulations, Saginaw River, August 14-18, 2003
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish proposed temporary
safety zones and drawbridge suspension regulations during the Bay City
Tall Ship Celebration to be held August 14-18, 2003 located on the
Saginaw River in Bay City, Michigan. These safety zones are necessary
to promote the safe navigation of vessels and the safety of life and
property during the periods of heavy vessel traffic expected during
these events. These safety zones are intended to restrict vessel
traffic from a portion of Saginaw Bay and the Saginaw River.
DATES: Comments and related material must reach the Coast Guard on or
before April 30, 2003.
ADDRESSES: You may mail or hand-deliver comments and related material
to: Commanding Officer, U.S. Coast Guard Marine Safety Office Detroit,
110 Mt. Elliott Ave, Detroit MI 48207-4380. Marine Safety Office
Detroit maintains the public docket for this rulemaking. Comments and
material received from the public will become part of this docket and
will be available for inspection and copying at the Coast Guard Marine
Safety Office between the hours of 8 a.m. and 3 p.m. Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Brandon
Sullivan, Marine Safety Office Detroit, at (313) 568-9580.
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-
204), 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 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
Bay City Tall Ship Celebration 2003 is a community-wide maritime
festival in Bay City, MI, featuring a 12-mile ship parade, fireworks,
and in-port viewing and tours of moored historic tall ship vessels
between August 14 and August 18, 2003. The parade of ships is the start
of the Bay City Celebration. The parade will form in Saginaw Bay and
traverse the Saginaw River to the Liberty Bridge and the Friendship
Pier.
Vessels will moor at docks along Veterans Park and Wenonah Park
between the Liberty Bridge and the Friendship Pier in Bay City. We are
proposing to establish a temporary moving safety zone around the parade
vessels during the parade to ensure the safety of passengers, crew and
visitors. A second proposed temporary safety zone would be established,
once the vessels are moored, between the Liberty Bridge and the
Friendship Pier (by light buoy 28) mile marker six. Fireworks are
scheduled to take place in Veterans Park on August 16, 2003 from 9:30
p.m. to 11 p.m. We believe the proposed temporary safety zone, which
would already be in place for the moored vessels, would be sufficient
to protect waterside viewers during the event.
These temporary regulations are prompted by the high degree of
control necessary to ensure the safety of both participating and
spectator vessels during the events occurring in Saginaw Bay and the
Saginaw River. These proposed regulations provide guidance on vessel
movement controls and proposed safety zones that will be in effect at
specified marine locations during specified times. The temporary
regulations are specifically designed to minimize adverse impacts on
commercial users of the affected waterways.
Discussion of Proposed Rule
The events planned for The Bay City Tall Ships Celebration for the
period August 14-18, 2003 are as follows:
(1) Parade of Ships, August 14, 2003. Bay City Tall Ship
Celebration 2003 will hold its tall ship parade on August 14, 2003. The
parade is expected to begin at 2 p.m. in Saginaw Bay. To accommodate
the start time, tall ships shall begin mustering at approximately 1
p.m. in Saginaw Bay, near the starting point at position 43[deg]43'54''
N, 83[deg]46'54'' W (northeast of Saginaw Bay Channel Light ``12''
(LLNR 10675)).
The parade route starts abeam of Saginaw Bay Channel Light ``12''
and proceeds up the Saginaw Bay Channel into the Saginaw River. It
continues up the Saginaw River to a point near the Veterans Memorial
Park and Wenonah Park located between the Liberty Bridge and the
Friendship Pier, where the parade will end and the parade vessels will
moor.
To ensure the safety of the public during the parade, shoreside
public safety vehicles must be fully capable of crossing the Saginaw
River. To accommodate this public safety need, the Independence Bridge
and the Liberty Bridge will open for vessel traffic on a rotating
basis. Thus, both bridges will not be open at the same time.
The Independence Bridge will open for the passage of two to three
parade vessels and then close. The vessels will then proceed up the
river to the Liberty Bridge, which will open to allow passage. After
the Liberty Bridge has closed, the Independence Bridge will open to
allow two or three more parade
[[Page 14171]]
vessels to pass. Once the Independence Bridge is closed, the Liberty
Bridge will open, allowing those vessels to pass. Vessels will continue
to transit through the Independence and Liberty Bridges in this manner
until all parade vessels have safely passed.
The parade will end near Veterans Memorial Park and Wenonah Park in
Bay City, Michigan. Vessels will moor along the waterfront between the
Liberty Bridge and the Friendship Pier.
The Coast Guard proposes to establish a temporary moving safety
zone around the participating vessels for the duration of the parade.
The proposed moving safety zone will be enforced when the parade starts
at 43[deg]43'54'' N, 83[deg]46'54'' W (Saginaw Bay Channel Light ``12''
(LLNR 10675)), and will remain in effect until all parade vessels are
moored. For the lead parade vessel, the safety zone would consist of
one mile ahead and 100 yards in all other directions. For all other
vessels, the moving safety zone would consist of 100 yards in any
direction. The proposed temporary moving safety zone will be enforced
from 1 p.m. on August 14, 2003 and remain in effect until the last
official parade vessel is safely moored (roughly 9 p.m.) on August 14,
2003; or unless terminated sooner by the Captain of the Port Detroit
(COTP).
Only parade vessels and official patrol craft will be permitted in
the proposed moving safety zone during the ship parade. Any other
vessel desiring to transit this zone, prior to transiting, must request
permission from the COTP Detroit, or his designated on scene
representative which will be the Patrol Commander.
Spectator vessels are requested to anchor in the waters of the
Saginaw River outside of the proposed moving safety zone. The Captain
of the Port Detroit asks that all spectator craft in the Saginaw River
remain at anchor during the parade. For your own safety, it is
recommended that spectator vessels be at anchor no later than 1 p.m. on
August 14, 2003. The Coast Guard asks that they remain at anchor until
the transit of the final parade vessel.
Mariners are cautioned that the areas designated for spectator
craft anchoring have not been subject to any special survey or
inspection and that charts may not show all riverbed obstructions or
the shallowest depths. They are not special anchorage areas. Spectator
vessels choosing waterside locations along the parade route must
display anchor lights or shapes, as required by the navigation rules.
Vessels anchoring in the Saginaw River, outside the channel, are
requested to proceed at speeds that will create minimal wake and not to
exceed five (5) miles per hour.
Vessel operators intending to anchor along the parade route during
the Tall Ship Celebration are advised to fully anticipate their length
of stay and to the greatest extent practicable, comply with the
recommended operational guidelines. Operators should not leave
unattended vessels in the river along the parade route at any time and
should not nest or tie off to other vessels, buoys, or to the adjacent
shoreline.
Due to the number of spectator craft expected, vessel operators
should remember it would be virtually impossible to move safely to new
positions, as maneuvering between anchored vessels is not advisable.
Accordingly, vessels should have sufficient facilities on board to
retain all garbage and untreated sewage. Discharge of either in any
waters of the United States, which include all waters addressed in this
rule, is strictly forbidden. Violators may be assessed a civil penalty
of up to $25,000.
(2) Mooring of Tall Ships, August 14-18, 2003. After the arrival of
the tall ships after the parade, a temporary proposed safety zone will
be established in all waters of the Saginaw River between the Liberty
Bridge and the Friendship Pier within 50 feet of any official parade
vessel. This proposed safety zone will be in effect until the tall
ships depart Bay City. Vessels may be permitted to operate in this
proposed safety zone, but only after permission by the COTP Detroit's
on scene representative, which will be the Patrol Commander. Spectator
vessels will be directed out of this area altogether during the
fireworks event, scheduled to take place between 9:30 p.m. and 11 p.m.
on Saturday, August 16, 2003.
These safety rules are necessary in order to provide adequate
controls to ensure the safety of the tall ships, their crews, and shore
side visitors who may be boarding these vessels while they are moored.
If changes are made to these proposed rules, or if the Captain of
the Port Detroit determines additional controls are necessary, a notice
will be published in the Federal Register. Details of these events and
of the special regulations in effect for each event will also be
published in the Local Notice to Mariners. Additionally, appropriate
Safety Marine Information Broadcasts will be initiated for each event.
For all events, vessel operators will be required to maneuver as
directed by on-scene Coast Guard patrol personnel. Coast Guard patrol
personnel enforcing regulations for safety zones, anchorages, and
regulated areas for these events include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local law enforcement vessels. Violators of Coast Guard
proposed safety zone regulations may result in civil penalties of up to
$25,000.
With the many sailing vessels and spectator craft arriving in Bay
City for this event, additional restrictions on vessel movements may be
imposed in the form of security zones or other emergency measures to
safeguard specific individual vessels. In all cases, further
restrictions on vessel movements will be held to the minimum necessary
to ensure vessel and personal safety. Every attempt will be made to
inform the public regarding any additional restrictions COTP Detroit
may feel necessary to impose. If possible, details of these
restrictions will be published in the final rule for this event.
Otherwise, they will appear separately as final rules in emergency
rulemaking.
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.
The proposed temporary moving safety zone will only be during a six
hour time period on August 14, 2003. The additional proposed safety
zone will be enforced after the mooring of the Parade Vessels. On
August 14, 2003, the combination of parade vessels and large numbers of
recreational vessels will cause potential disruptions to normal port
activity. However, due to the temporary nature of these disruptions,
they can be planned for in advance to minimize the economic hardship
that might result. The largest segments of the port community facing
disruptions are the operators of deep draft vessels and the terminals
they call on. In addition to the extended advance notice of these
events provided by the COTP, deep draft vessel traffic will be
accommodated as best as possible on these two days.
The Coast Guard expects that the amount of publication and
advertisement about these events and about these proposed regulations
will allow the industry sufficient time to
[[Page 14172]]
adjust schedules and minimize adverse impacts. Weighted against and
counterbalanced with adverse impacts are the favorable economic impacts
that these events will have on commercial activity in the area as a
whole from the boaters and tourists these events are expected to
attract.
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.
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 a
safety zone. However, we believe this would not have a significant
economic impact on a substantial number of small entities for the
following reasons. This rule would be in effect for only a few hours on
the day of the event on an annual basis. Vessel traffic can safely pass
outside the proposed safety zone during the events, and, with the
permission of the COTP or his on scene representative, which will be
the Patrol Commander, traffic would be allowed to pass through the
safety.
The exact times and dates will be published in the Ninth Coast
Guard District Local Notice to Mariners, broadcasts made via the
Broadcast Notice to Mariners and facsimile sent to operators of vessels
who might be in the affected area who request such. 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 (Pub. L. 104-221), we want 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 this
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Marine Safety Office Detroit
(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
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 E.O. 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 117
Bridges.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 117 and 165 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); Section
117.255 also issued under authority of Pub. L. 102-587, 106 Stat.
5039.
2. From 8 a.m. until 1 p.m., Thursday, August 14, 2003, in Sec.
117.647, suspend paragraph (b) and add temporary paragraphs (e) and (f)
to read as follows:
[[Page 14173]]
Sec. 117.647 Saginaw River.
* * * * *
(e) The draws of the Veterans Memorial bridge, mile 5.60, and
Lafayette Street bridge, mile 6.78 in Bay City, shall open on signal
from March 16 through December 15, except as follows:
(1) From 6:30 a.m. to 8:30 a.m. and 3:30 p.m. to 5:30 p.m. except
Saturdays, Sundays, and holidays observed in the locality, the draws
need not be opened for the passage of vessels of less than 50 gross
tons.
(2) From 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. except
on Sundays and Federal holidays, the draws need not be opened for the
passage of down-bound vessels of over 50 gross tons.
(3) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and Federal
holidays, the draws of the Independence and Veterans Memorial bridges
need not be opened for the passage of pleasure craft except from three
minutes before to three minutes after the hour and half-hour.
(4) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and Federal
holidays, the draws of the Liberty Street and Lafayette Street bridges
need not be opened for the passage of pleasure craft, except from three
minutes before to three minutes after the quarter hour and three-
quarter hour.
(f) The draws of the Independence bridge, mile 3.88, and the
Liberty Street Bridge, mile 4.99, from 1 p.m. until 9 p.m., Thursday,
August 14, 2003, shall be closed to navigation, except that the draws
shall open upon signal for official vessels participating in the Tall
Ship Celebration 2003 Parade of Ships.
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; 49 CFR 1.46.
4. Add temporary Sec. 165.T09-204 to read as follows:
Sec. 165.T09-204 Safety Zone; Tall Ship Celebration 2003 Bay City,
MI.
(a) Safety zones. The following are safety zones:
(1) Saginaw River Moored Tall Ships Safety Zone, Veterans Park and
Wenonah Park, Saginaw River, Bay City, MI
(i) Location. The following area is a safety zone: All waters of
the Saginaw River between the Liberty Bridge at mile 4.99 and the
Friendship Pier at mile 6.1 within 50 ft of any participating moored
Tall Ships.
(ii) Enforcement periods. The safety zones in paragraph (a)(1) of
this section will be enforced whenever a tall ship is moored at
Veterans Park or Wenonah Park between the Liberty Bridge and the
Friendship Pier, from 1 p.m. on August 14, 2003 to 9 p.m. on August 18,
2003.
(iii) Special Regulations.
(A) Vessels operating in the Saginaw River within the safety zone
during the effective period must proceed at no wake speeds, and not
within 50 feet of the hull of any moored tall ship, in traffic patterns
as directed by on-scene Coast Guard patrol craft, so as not to hazard
tall ships or shoreside visitors boarding tall ships.
(B) Vessels shall remain outside the designated hazard area in the
safety zone, as directed by on-scene Coast Guard personnel, during any
evening fireworks event.
(2) Bay City Tall Ships Parade Moving Safety Zone.
(i) Location. The following area is a moving safety zone: all
waters of the Saginaw Bay and Saginaw River one mile ahead and 100 yard
in every other direction of the lead official parade vessel; for all
other official parade vessels, 100 yards in any direction from when the
vessels pass the starting position at 43[deg]43'54'' N, 83[deg]46'54''
W (northeast of Saginaw Bay Light ``12'' (LLNR 10675)), and remaining
in effect until the official parade vessels are moored between Veterans
Memorial Park and Wennonah Park (between the Liberty Bridge and the
Friendship Pier).
(ii) Enforcement period. Paragraph (a)(2) of this section will be
enforced from 1 p.m. on Thursday, August 14, 2003 until 9 p.m. on
Thursday, August 14, 2003, until each participating Tall Ship is safely
moored in Bay City.
(b) Regulations.
(1) The general regulations in 33 CFR 165.23 apply to the zones in
this section.
(2) 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.
Dated: March 5, 2003.
Ronald F. Silva,
Rear Admiral, Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-6917 Filed 3-21-03; 8:45 am]
BILLING CODE 4910-15-P