[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Proposed Rules]
[Pages 18451-18454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8204]
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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; Chicago,
IL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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 provide for the regulation of 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: Comments and related material must be received by the Coast
Guard on or before May 12, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0073 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
[[Page 18452]]
To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail LT Yamaris Barril, Inspections, Prevention
Department, Ninth Coast Guard District, Cleveland, OH via telephone at
(216) 902-6343, or e-mail at [email protected].
If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0073), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard
when you successfully transmit the comment. If you fax, hand deliver,
or mail your comment, it will be considered as having been received by
the Coast Guard when it is received at the Docket Management Facility.
We recommend that you include your name and a mailing address, an e-
mail address, or a telephone number in the body of your document so
that we can contact you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0073'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0073'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please, explain why you believe a public meeting 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
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 types of
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 along the navigable waters
of the United States. Therefore, the Coast Guard is proposing to
implement a safety and security zone around each ship to ensure the
safety of all Tall Ships while they operate throughout the Great Lakes.
The combination of large numbers of recreational boaters, congested
waterways, boaters crossing commercially transited waterways, and low
maneuverability of the Tall Ships could easily result in serious
injuries or fatalities.
Discussion of Proposed Rule
This proposed temporary final rule is intended to ensure the safety
of the public and vessels during the Tall Ships Challenge 2010. Tall
Ships will be participating in parades and then mooring for official
events in the harbors of Cleveland, OH; Bay City, MI; Duluth, MN; Green
Bay, WI; and Chicago, IL. Tall Ships may also visit other harbors while
in the Great Lakes.
The Coast Guard proposes to establish temporary safety and security
zones 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 be
effective from 12:01 a.m. June 23, 2010 through 12:01 a.m. on September
13, 2010.
Upon the navigable waters of the United States, except as discussed
below, no vessel or person is allowed within 100 yards of a Tall Ship
that is underway or at anchor, unless authorized by the Captain of the
Port or the on-scene Official Patrol. Any vessel authorized to enter
into a Tall Ship safety and security zone must operate at the minimum
speed necessary to maintain a safe course and must proceed as directed
by the on-scene Official Patrol. Even if operating within a Tall Ship
safety and security zone under proper authority, except as discussed in
the following paragraph, no vessel or person is allowed within 25 yards
of a Tall Ship. In addition, upon the navigable waters of the United
States, no vessel or person is allowed within 25 yards of any Tall Ship
that is moored.
Vessels constrained by their navigational draft or restricted in
their ability to maneuver are permitted to transit, in accordance with
the Navigational Rules, within 100 yards of a Tall Ship in order to
ensure a safe passage. When navigational constraints of channels,
rivers, or waterways prohibit vessels from remaining 100 or more yards
from a Tall Ship, such vessels are permitted to enter a security
[[Page 18453]]
and safety zone but must remain at the greatest possible distance away
from the Tall Ships while operating at the minimum speed necessary to
maintain a safe course.
The Coast Guard expects the temporary final rule will be effective
less than 30 days after publication in the Federal Register because
delaying the effective date would be contrary to the public interest
due to the need to protect the public from the dangers associated with
the limited maneuverability during Tall Ships events.
Regulatory Analyses
We developed this proposed 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 proposed 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. The safety and security zone around each Tall Ship will
be relatively small. Because the safety and security zones will move
along the Tall Ships course through the Great Lakes, the zones will
exist for only a minimal time in any one particular geographical area
and restrictions on vessel movement within any particular geographical
area of the Great Lakes is expected to be minimal. Additionally, under
certain conditions vessels may still transit through the safety and
security zone when permitted by proper authority.
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, 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 because each zone will be relatively small and
vessels may still transit through a zone with permission from the
Official Patrol or when navigation restraints require. However, 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 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.
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. 104-121), 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 the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Yamaris Barril,
Inspections, Ninth Coast Guard District, Cleveland, OH at (216) 902-
6343. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
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 (adjusted for
inflation) 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 cause 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 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 would not
create an environmental risk to health or risk to safety that might
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
[[Page 18454]]
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
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under ADDRESSES. This proposed rule involves the
establishment of a safety and security zone around each Tall Ship
participating in the Tall Ships Challenge 2010 race series. Based on
our preliminary determination, there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2
figure 2-1, paragraph (34)(g) of the Instruction and neither an
environmental assessment nor a environmental impact statement is
required.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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(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.
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; Chicago, IL
(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 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: March 30, 2010.
Lorne W. Thomas,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. 2010-8204 Filed 4-9-10; 8:45 am]
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