[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Rules and Regulations]
[Pages 33506-33509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14146]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0073]
RIN 1625-AA87
Safety and Security Zones; Tall Ships Challenge 2010, Great
Lakes, Cleveland, OH, Bay City, MI, Duluth, MN, Green Bay, WI, Sturgeon
Bay, WI, Chicago, IL, Erie, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary safety and security
zones around each tall ship visiting the Great Lakes during the Tall
Ships Challenge 2010 race series. These safety and security zones will
restrict vessel traffic in the vicinity of each tall ship in the
navigable waters of the United States. The Coast Guard is taking this
action to safeguard participants and spectators from the 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. on June 23, 2010 until
12:01 a.m. on September 13, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0073 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0073 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Yamaris Barril, Inspections,
Prevention Department, Ninth Coast Guard District, Cleveland, OH,
telephone (216) 902-6343, e-mail [email protected]. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 12, 2010, the Coast Guard published a notice of proposed
rule making (NPRM) entitled Safety and Security Zones; Tall Ships
Challenge
[[Page 33507]]
2010, Great Lakes, Cleveland, OH, Bay City, MI, Duluth, MN, Green Bay,
WI, Sturgeon Bay, WI, Chicago, IL, Erie, PA in the Federal Register (75
FR 18451). The Coast Guard received 0 public submissions 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 that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this operation and immediate action is necessary to
prevent possible loss of life or property from the dangers that are
associated with Tall Ship operations.
Basis and Purpose
During the Tall Ships Challenge 2010, tall ships will be
participating in parades and then mooring in the harbors of Cleveland,
OH; Bay City, MI; Duluth, MN; Green Bay, WI; Sturgeon Bay, WI; Chicago,
IL; and Erie, PA. At 12:01 a.m. on June 23, 2010, a safety and security
zone will be established around each tall ship participating in these
events. These safety and security zones will move with the tall ships
as they travel throughout the Great Lakes. The safety and security
zones will terminate at 12:01 a.m. on September 13, 2010.
These temporary safety and security zones are necessary to protect
the tall ships from potential harm and to protect the public from the
hazards associated with the limited maneuverability of these sailing
ships. 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, Duluth Harbor, Lake Superior, Green Bay,
Sturgeon Bay, and Lake Michigan. The combination of large numbers of
recreational boaters, congested waterways, boaters crossing
commercially transited waterways and limited maneuverability of the
tall ships could easily result in serious injuries or fatalities.
Therefore, the Coast Guard will enforce a safety and security zone
around each ship to ensure the safety of both participants and
spectators in these areas.
Discussion of Comments and Changes
The Coast Guard received 0 public submissions commenting on this
rule.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. We conclude that this proposed rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. This
determination is based on the following: The safety and security zone
around each tall ship will be relatively small. Because the safety and
security zones will move with the tall ships course through the Great
Lakes, the zones will exist for only a minimal time in any one
particular geographical area. Thus, the restrictions on vessel movement
within any particular geographical area of the Great Lakes is expected
to be minimal. Under certain conditions, moreover, vessels may still
transit through a safety and security zone when permitted by the
Captain of the Port.
The Coast Guard received 0 public submissions commenting on the
proposed rule. There have been no changes made to the rule as proposed.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses and 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 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 an area of water
in which a participating tall ship is transiting, anchored, or moored
between 12:01 a.m. on June 23, 2010 and 12:01 a.m. on September 13,
2010. Each zone will be relatively small, and vessels may still transit
through a zone with permission from the official on-scene patrol.
The Coast Guard received 0 public submissions commenting on the
impact to small entities by this rule. There have been no changes made
to the rule as proposed.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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. The Coast Guard received 0 public submissions commenting on
the proposed rule.
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. The
Coast Guard received 0 public submissions commenting on the proposed
rule. There have been no changes made to the rule as proposed.
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. The Coast Guard received 0 public submissions commenting on the
proposed rule. There have been no changes made to the rule as proposed.
[[Page 33508]]
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. The Coast Guard received 0
public submissions commenting on the proposed rule. There have been no
changes made to the rule as proposed.
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 create an
environmental risk to health or risk to safety that may
disproportionately affect children. The Coast Guard received 0 public
submissions commenting on the proposed rule. There have been no changes
made to the rule as proposed.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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. The Coast Guard
received 0 public submissions commenting on the proposed rule. There
have been no changes made to the rule as proposed.
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. The Coast Guard received 0 public
submissions commenting on the proposed rule. There have been no changes
made to the rule as proposed.
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
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. The Coast Guard
received 0 public submissions commenting on the proposed rule. There
have been no changes made to the rule as proposed.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive 023-
01, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g) of the Instruction. An environmental analysis
checklist and a 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. Add Sec. 165.T09-0073 to read as follows:
Sec. 165.T09-0073 Safety and Security Zones; Tall Ships Challenge
2010; Great Lakes; Cleveland, OH; Bay City, MI; Duluth, MN; Green Bay,
WI; Sturgeon Bay, WI; Chicago, IL; Erie, PA.
(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, Duluth 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.
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 Tall Ships
Challenge 2010 in the Great Lakes. This includes, but is not limited
to, the following: Sailing Vessel (S/V) AMISTAD, S/V APPLEDORE IV, S/V
APPLEDORE V, HMS BOUNTY, S/V DENIS SULLIVAN, S/V EUROPA, S/V FAZISI, S/
V FRIENDS OF GOOD WILL, S/V INLAND SEAS, S/V LAREVENANTE, S/V LYNX, S/V
MADELINE, S/V FLAGSHIP NIAGARA, S/V PATHFINDER, S/V PLAYFAIR, S/V PRIDE
OF BALTIMORE II, S/V ROALD AMUNDSEN, S/V RED WITCH, S/V ROTALISTE, S/V
ROSEWAY, S/V UNICORN, S/V WELCOME, and S/V WINDY.
(b) Location. The following area is a safety and security zone: all
navigable waters of the United States located in the Ninth Coast Guard
District within a 100 yard radius of any Tall Ship.
(c) Regulations. (1) Entry into a safety and security zone
described in paragraph (b) of this section is prohibited unless
authorized by the cognizant Coast Guard Captain of the Port or the
Official Patrol.
(2) Vessels may request permission to enter into a safety and
security zone described in paragraph (b) of this section by contacting
the Official Patrol on VHF channel 16.
(3) Any vessel operating within a safety and security zone
established by this section must operate at the minimum speed necessary
to maintain a safe course and must proceed as directed by the Captain
of the Port or the on-scene Official Patrol. Any vessel or person
allowed to enter a safety and security zone established by this section
must still remain at least 25 yards from any Tall Ship, unless
authorized to
[[Page 33509]]
come within such a distance pursuant to paragraph (c)(4) of this
section or permitted to come within such a distance by the cognizant
Captain of the Port, his or her designated representative, or the on-
scene Official Patrol.
(4) Vessels are permitted to transit through the safety and
security zone in waterways that do not provide adequate navigable
waters greater than 100 yards from the Tall Ships. Vessels transiting
such areas must operate at the minimum speed necessary to maintain a
safe course while also maintaining the greatest possible distance away
from the Tall Ships.
(d) Effective period. This rule is effective from 12:01 a.m. on
Wednesday, June 23, 2010 through 12:01 a.m. on Monday September 13,
2010.
(e) Navigation Rules. The Navigation Rules must apply at all times
within a Tall Ships safety and security zone.
(f) 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 ordered by or given permission from the cognizant Captain
of the Port, his or her designated representative, or the on-scene
official patrol to do otherwise.
Dated: May 21, 2010.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2010-14146 Filed 6-11-10; 8:45 am]
BILLING CODE 9110-04-P