[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Proposed Rules]
[Pages 25410-25413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10012]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0192]
RIN 1625-AA00
Safety Zone; Tall Ship Safety Zones; War of 1812 Bicentennial
Commemoration, Great Lakes
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
around each tall ship participating in the Tall Ships Challenge Great
Lakes 2013 and the War of 1812 Bicentennial Commemoration. These safety
zones will ensure the safety of participating tall ships, spectator
vessels, and commercial traffic throughout the Great Lakes.
DATES: Comments and related materials must be received by the Coast
Guard on or before May 31, 2013.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-0192 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.
To avoid duplication, please use only one of these four 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
temporary rule, call or email Mr. Mark Bobal, Prevention Department,
Ninth Coast Guard District, Cleveland, OH telephone (216) 902-6052,
email [email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 25411]]
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2013-0192), 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 at www.regulations.gov, or by fax, mail or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when the comment is
successfully transmitted. If you fax, hand deliver, or mail your
comment, it will be considered as having been received by the Coast
Guard when the comment is received at the Docket Management Facility.
We recommend that you include your name and a mailing address, an email
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,
type the docket number (USCG-2013-0192) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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.
2. 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,
type the docket number (USCG-2013-0192) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. 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.
3. 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one the 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.
B. Basis and Purpose
To further commemorate the War of 1812, the U.S. Navy will hold a
series of events along the Great Lakes during the summer of 2013. This
War of 1812 Bicentennial Commemoration is expected to bring millions of
spectators to port areas throughout the Great Lakes. Detailed
information about this commemoration can be found at http://www.visit1812.com.
Also to commemorate the War of 1812 over the summer of 2013,
twenty-one tall ships will traverse all five Great Lakes as part of the
Tall Ships Challenge Great Lakes 2013. Between June 13 and September
17, 2013, the tall ships will appear in twenty-two Great Lakes ports
and participate in five separate races. Of note, various tall ships
will participate in the re-enactment of the Battle of Lake Erie in the
vicinity of Put-in-Bay, OH on September 2, 2013. Millions of spectators
are expected to attend tall ships events throughout the Great Lakes.
Information about the Tall Ships Challenge can be found at: http://www.sailtraining.org/tallships/2013greatlakes/
The Coast Guard expects the following tall sailing ships to
participate in the Tall Ships Challenge Great Lakes 2013: the APPLEDORE
IV, CHALLENGE, DENIS SULLIVAN, EMPIRE SANDY, FAIR JEANNE, FRIENDS GOOD
WILL, HINDU, KAJAMA, LA REVENANTE, LYNX, MADELINE, NIAGARA, PATHFINDER,
PEACEMAKER, PLAYFAIR, PRIDE OF BALTIMORE II, RED WITCH, SORLANDET, ST.
LAWRENCE II, UNICORN, and the WINDY.
The Ninth District Commander has determined that the War of 1812
Bicentennial Commemoration and the Tall Ships Challenge Great Lakes
2013 will pose serious dangers to the boating public. This
determination is based on the high concentration of recreational
boaters expected to be drawn to these events. The number of spectators
is expected to be particularly high in the port areas of Erie, PA;
Cleveland, OH; Put-in-Bay, OH; Bay City, MI; Chicago, IL; Green Bay,
WI; and Duluth, MN because of events planned for those ports. The Ninth
District Commander's determination is also based on the decreased
maneuverability of tall sailing ships and the commercial vessel traffic
known to frequent the aforementioned port areas.
With these dangers in mind, the Ninth District Commander proposes
to establish temporary safety zones pursuant to the authority granted
in the Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.).
C. Discussion of Proposed Rule
To alleviate the dangers posed by the expected high concentration
of recreational boaters, commercial traffic operations, and the limited
maneuverability of tall sailing ships, the Ninth District Commander has
determined that it is necessary to establish a safety zone around each
tall ship participating in the War of 1812 Bicentennial Commemoration
and the Tall Ships Challenge Great Lakes 2013. Accordingly, the Ninth
District Commander proposes to establish a safety zone around each of
the tall ships listed in the Background and Purpose section above.
These proposed safety zones will be in effect and enforced from
12:01 a.m. on June 13, 2013, until 11:59 p.m. on September 17, 2013. On
September 2, 2013, each tall ship participating in the re-enactment of
the Battle of Lake Erie will be surrounded by a safety zone 500 yards
in radius. At all other times, between June 13, 2013, and September 17,
each tall ship will be surrounded by a safety zone 100 yards in radius.
These proposed safety zones will be in effect and enforced around each
tall ship
[[Page 25412]]
regardless of whether the tall ship is underway, at anchor, or moored.
In accordance with 33 CFR Sec. 165.33, no vessel or person may
enter one of these proposed safety zones without the permission of the
Ninth District Commander, the cognizant Captain of the Port, or the on-
scene designated representative. Permission may be obtained to enter a
safety zone by contacting the on-scene designated representative on VHF
channel 16. Each vessel permitted to enter a safety zone must remain at
least 25 yards from any tall ships within the zone. Additionally, each
vessel permitted to enter one of the safety zones established by this
proposed rule must operate at the minimum speed necessary to maintain a
safe course and must proceed as directed by the Ninth District
Commander, the cognizant Captain of the Port, or the on-scene
designated representative.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
1. 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). 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.
Although these proposed safety zones will be enforced throughout
the Great Lakes, each zone will be relatively small and only enforced
in any one particular geographic area for a minimal time. This is
because the safety zones will follow the tall ships through the Great
Lakes and not remain in any given area for more than a few days. Even
when these proposed safety zones are being enforced in a given port
area, vessels will have the opportunity to transit through a zone by
obtaining permission from the Ninth District Commander, the cognizant
Captain of the Port, or the on-scene designated representative. For
these reasons, restrictions on vessel movement within any particular
geographic area of the Great Lakes are expected to be minimal, and
therefore, the Coast Guard considers this proposed rulemaking not to be
a significant regulatory action.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
This proposed rule would affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit or anchor within one of the safety zones
established by this proposed rule. This safety zone will not have a
significant economic impact on a substantial number of small entities
for the reasons discussed in the Regulatory Planning and Review section
above.
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.
3. 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. 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 the person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
4. Collection of Information
This proposed rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. 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
temporary rule elsewhere in this preamble.
7. Taking of Private Property
This proposed temporary rule will not affect the taking of private
property or otherwise have taking implications under Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights.
8. Civil Justice Reform
This proposed temporary 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.
9. Protection of Children From Environmental Health Risks
We have analyzed this proposed temporary rule under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. This proposed temporary 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.
10. Indian Tribal Governments
This proposed temporary 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.
11. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions
[[Page 25413]]
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use.
12. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
13. 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. This proposed rule is
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Commandant Instruction because it involves the establishment of safety
zones. A preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES.
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 record
keeping 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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 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.T09-0192 to read as follows:
Sec. 165.T09-0192 Tall Ship Safety Zones; War of 1812 Bicentennial
Commemoration, Great Lakes.
(a) Locations. The following are safety zones:
(1) All navigable waters of the United States located in the Ninth
Coast Guard District within a 100 yard radius of the following tall
ships: APPLEDORE IV, CHALLENGE, DENIS SULLIVAN, EMPIRE SANDY, FAIR
JEANNE, FRIENDS GOOD WILL, HINDU, KAJAMA, LA REVENANTE, LYNX, MADELINE,
NIAGARA, PATHFINDER, PEACEMAKER, PLAYFAIR, PRIDE OF BALTIMORE II, RED
WITCH, SORLANDET, ST. LAWRENCE II, UNICORN, and the WINDY. These
proposed safety zones will be enforced around each tall ship regardless
of whether the tall ship is underway, at anchor, or moored.
(2) All navigable waters of the United States located in the Ninth
Coast Guard District within a 500 yard radius of each tall ship
participating in the re-enactment of the Battle of Lake Erie on
September 2, 2013.
(b) Effective and Enforcement Period. This rule is effective and
will be enforced between 12:01 a.m. on June 13, 2013 until 11:59 p.m.
on September 10, 2013.
(c) Regulations.
(1) In accordance with the general regulations in section 165.23 of
this part, entry into a safety zone established by this section is
prohibited without the authority of the Ninth District Commander, the
cognizant Captain of the Port, or the on-scene designated
representative.
(2) The ``designated representative'' of the Ninth District
Commander is any Coast Guard commissioned, warrant, or petty officer
who has been designated by the Ninth District Commander or the
cognizant Captain of the Port to act on his or her behalf.
(3) Permission may be obtained to enter a safety zone established
herein by contacting the on-scene designated representative on VHF
channel 16.
(4) Each vessel permitted to enter a safety zone established herein
must remain at least 25 yards from any tall ships within that zone.
(5) Each vessel permitted to enter a safety zone established by
this section must operate at the minimum speed necessary to maintain a
safe course and must proceed as directed by the Ninth District
Commander, the cognizant Captain of the Port, or the on-scene
designated representative.
Dated: April 5, 2013.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Ninth District Commander.
[FR Doc. 2013-10012 Filed 4-30-13; 8:45 am]
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