[Federal Register: July 7, 2006 (Volume 71, Number 130)]
[Rules and Regulations]
[Page 38528-38530]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy06-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-032]
RIN 1625-AA00
Safety and Security Zones; Tall Ships Celebration 2006, Great
Lakes, Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI,
Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing safety and security zones
around Tall Ships visiting the Great Lakes during Tall Ships
Celebration 2006. These safety and security zones will provide for the
regulation of vessel traffic in the vicinity of Tall Ships in the
navigable waters of the United States. The Coast Guard is taking this
action to safeguard participants and spectators from the safety hazards
associated with the limited maneuverability of these tall ships and to
ensure public safety during Tall Ships events.
DATES: This rule is effective from 12:01 a.m. (local) July 11, 2006
through 12:01 a.m. (local) August 10, 2006.
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 [CGD09-06-032] and are available for inspection or
copying at the Ninth Coast Guard District, Cleveland, OH between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: CDR K. Phillips, Waterways Planning
and Development Section, Prevention Department Ninth Coast Guard
District, Cleveland, OH at (216) 902-6045.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 2, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety and Security Zones; Tall Ships Celebration
2006, Great Lakes, Cleveland, Ohio, Bay City, Michigan, Green Bay,
Wisconsin, Sturgeon Bay, Wisconsin, Chicago, Illinois,'' in the Federal
Register (71 FR 31999). We did not receive any letters commenting on
the proposed rule. No public meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register. Specifically, this rule must be made effective
less than 30 days after publication because the Tall Ships Celebration
will commence on July 10, 2006. In order to ensure the safety of
participants and spectators this rule must be effective when the Tall
Ships Celebrations commences.
Background and Purpose
During the Tall Ships Celebration 2006, Tall Ships will be
participating in parades and then mooring in the harbors of Cleveland,
OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI, and Chicago, IL.
Safety and security zones will be established around Tall Ships
participating in these events on 12:01 a.m. (local time) July 10, 2006
and terminate on 12:01 a.m. (local time) August 23, 2006.
These safety and security zones are necessary to protect the public
from the hazards associated with limited maneuverability of tall
sailing ships and to protect the Tall Ships from potential harm. Due to
the high profile nature and extensive publicity associated with this
event, each Captain of the Port (COTP) expects a large number of
spectators in confined areas adjacent to and on Lake Erie, Saginaw Bay,
Lake Huron, Green Bay and Lake Michigan. Therefore, the Coast Guard is
implementing a safety and security zone around each ship to ensure the
safety of both participants and spectators in these areas. The
combination of large numbers of recreational boaters, congested
waterways, boaters crossing commercially transited waterways and
[[Page 38529]]
low maneuverability of the Tall Ships could easily result in serious
injuries or fatalities.
Discussion of Comments and Changes
No comments were received regarding this rulemaking and no changes
have been made to the rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and 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 it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
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.
This determination is based upon the size and location of the
safety and security zones and the minimal time and limited area from
which vessels will be restricted. Vessels may transit through the
safety zone with permission from the official on-scene patrol.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 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 a portion of the safety and security zones.
These safety and security zones will not have a significant
economic impact on a substantial number of small entities for the
following reasons: The zones are relatively small and vessels may
transit through the safety zone with permission from the official on-
scene patrol.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will 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. 104-121), we want 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 CDR K. Phillips, Waterways
Planning and Development Section, Ninth Coast Guard District,
Cleveland, OH at (216) 902-6045. The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
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 will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 would not create an
environmental risk to health or risk to safety that might
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. We invite your
comments on how this rule might impact tribal governments, even if that
impact may not constitute a ``tribal implication'' under the Order.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
[[Page 38530]]
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a determination that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, we believe that this rule is categorically
excluded, under figure 2-1, paragraph (34) (g), of the Instruction,
from further environmental documentation.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 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 part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. 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
2. A new temporary Sec. 165.T09-032 is added to read as follows:
Sec. 165.T09-032 Safety and Security Zone; Huntington Cleveland
Harbor Fest, Tall Ship Festival, Green Bay, Wisconsin, Sturgeon Bay,
Wisconsin, Tall Ships Chicago 2006, Tall Ship Celebration, Saginaw
River, Bay City, MI.
(a) Definitions. The following definitions apply to this section:
Navigation Rules means the Navigation Rules, International and
Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.).
Official Patrol means those persons designated by Captain of the
Port Buffalo, Detroit, Sault Ste. Marie and Lake Michigan to monitor a
Tall Ship safety and security zone, permit entry into the zone, give
legally enforceable orders to persons or vessels within the zone and
take other actions authorized by the cognizant Captain of the Port.
Persons authorized in paragraph (i) to enforce this section are
designated as the Official Patrol.
Public Vessel means vessels owned, chartered, or operated by the
United States, or by a State or political subdivision thereof.
Tall Ship means any sailing vessel participating in the 2006 Tall
Ships Challenge in the Great Lakes. The following vessels are
participating in the 2006 Tall Ships Challenge: Sailing Vessel (S/V)
Appledore IV, S/V Denis Sullivan, S/V Appledore V, S/V Friends Good
Will, S/V Highlander Sea, S/V Niagara, S/V Madeline, S/V Nina, S/V
Picton Castle, S/V Pathfinder, S/V Playfiar, S/V Providence, S/V Pride
of Baltimore, S/V St. Lawrence II, S/V Red Witch, S/V Royaliste, S/V
Windy, S/V Unicorn, and S/V Windy II.
(b) Safety and Security zone. The following areas are safety and
security zones: all navigable waters of United States located in the
Ninth Coast Guard District within a 100 yard radius of any Tall Ship
sailing vessel.
(c) Effective Period. This section is effective from 12:01 a.m.
(local) on Wednesday July 11, 2006 through 12:01 a.m. (local) on August
10, 2006.
(d) Regulations. When within a Tall Ship safety and security zone
all vessels must operate at the minimum speed necessary to maintain a
safe course and must proceed as directed by the on-scene official
patrol. No vessel or person is allowed within 25 yards of a Tall Ship
that is underway, at anchor, or moored, unless authorized by the
cognizant Captain of the Port, his designated representative, or on-
scene official patrol.
(e) Navigation Rules. The Navigation Rules shall apply at all times
within a Tall Ship's security and safety zone.
(f) To request authorization to operate within 25 yards of a large
passenger vessel that is underway or at anchor, contact the on-scene
official patrol on VHF-FM channel 16.
(g) When conditions permit, the on-scene official patrol should:
(1) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within 25 yards of a
Tall Ship in order to ensure a safe passage in accordance with the
Navigation Rules; and
(2) Permit vessels that must transit via a navigable channel or
waterway to pass within 25 yards of a Tall Ship that is anchored or
moored with minimal delay consistent with safety and security.
(h) When a Tall Ship approaches within 25 yards of any vessel that
is moored or anchored, the stationary vessel must stay moored or
anchored while it remains within the Tall Ship's safety and security
zone unless it is either ordered by, or given permission by Captain of
the Port Buffalo, Detroit, Sault Ste. Marie or Lake Michigan, his
designated representative, or the on-scene official patrol to do
otherwise.
(i) Enforcement. Any Coast Guard commissioned, warrant or petty
officer may enforce the rules in this section.
(j) Exemption. Public vessels as defined in paragraph (a) of this
section are exempt from complying with paragraphs (b), (d), (f), (g),
and (h) of this section.
(k) Waiver. Captain of the Port Buffalo, Detroit, Sault Ste. Marie
and Lake Michigan, may, within their respective Captain of the Port
zones, waive any of the requirements of this section for any vessel or
class of vessels upon finding that a vessel or class of vessels,
operational conditions or other circumstances are such that application
of this section is unnecessary or impractical for the purpose of port
security, safety or environmental safety.
Dated: June 28, 2006.
J.R. Castillo,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. E6-10650 Filed 7-6-06; 8:45 am]
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