[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Proposed Rules]
[Pages 26767-26769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10453]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0267]
RIN 1625-AA00
Safety Zone; Tall Ships Challenge Great Lakes 2016, Fairport
Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie,
PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to create safety zones around each
tall ship visiting the Great Lakes during the Tall Ships Challenge 2016
race series. These safety 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. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 3, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0267 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mark Bobal, Ninth District
Inspections and Investigations Branch, Passenger Vessel Safety
Specialist, U.S. Coast Guard; telephone 216-902-6052, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
During the Tall Ships Challenge Great Lakes 2016, tall ships will
be participating in parades and then mooring in the harbors of Fairport
Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, and
Erie, PA. This is a tri-annual event that teaches character building
and leadership through sail training. The Tall Ships event seeks to
educate the public about both the historical aspects of sailing ships
as well as their current use as training vessels for students. Tall
ships are large, traditionally-rigged sailing vessels. The event will
consist of festivals at each port of call, sail training cruises, tall
ship parades, and races between the ports. More information regarding
the Tall Ships Challenge 2016 and the participating vessels can be
found at http://www.sailtraining.org/tallships/2016greatlakes/TSC2016index.php.
At 12:01 a.m. July 6, 2016, a safety zone will be established
around each tall ship participating in this event. The safety zone
around each ship will remain in effect as the tall ships travel
throughout the Great Lakes. The safety zones will terminate at 12:01
a.m. on September 12, 2016.
These safety 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 tall sailing ships. When operating
under sail they require a substantial crew to manually turn the rudder
and adjust the sails, therefore they cannot react as quickly as modern
ships. Additionally, during parades of sail the tall ships will be
following a set course through a crowded harbor, it is imperative that
spectator craft stay clear since maneuvering the tall ships to avoid
large crowds of spectator craft would not be possible. 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 the tall ships. 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. Therefore,
the Coast Guard will enforce a safety zone around each ship to ensure
the safety of both participants and spectators in these areas. The
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish safety zones from 12:01 a.m.
on July 6, 2016 until 12:01 a.m. on September 12, 2016. The safety
zones would cover all navigable waters within 100 yards of a tall ship
in the Great Lakes. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters during the 2016 Tall Ships
Challenge. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. If the tall ships are operating in a confined area such
as a small harbor and there is not adequate room for vessels to stay
out of the safety zone because of a lack of navigable water, then
vessels will be permitted to operate within the safety zone and shall
travel at the minimum speed necessary to maintain a safe course. The
navigation rules shall apply at all times within the safety zone. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely
[[Page 26768]]
transit around this safety zone or through it at slow speed in
congested areas. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule would allow vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
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
section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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.
F. 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 (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 involves a safety
zone lasting more than one week. Normally such actions are
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist and Categorical Exclusion
Determination are 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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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:
[[Page 26769]]
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T09-0073 to Ninth Coast Guard District to read as
follows:
Sec. 165.T09-0073 Safety Zone; Tall Ships Challenge Great Lakes 2016;
Fairport Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Sturgeon
Bay, WI, Duluth, MN, Erie, PA.
(a) Definitions. The following definitions apply to this section:
(1) Navigation rules means the Navigation Rules, International and
Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.).
(2) 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 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.
(3) Public vessel means vessels owned, chartered, or operated by
the United States or by a State or political subdivision thereof.
(4) Tall ship means any sailing vessel participating in the Tall
Ships Challenge 2016 in the Great Lakes.
(b) Location. The following areas are safety zones: 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) No person or vessel is allowed within the
safety zone unless authorized by the cognizant Captain of the Port,
their designated representative, or the on-scene official patrol.
(2) Persons or vessels operating within a confined harbor or
channel, where there is not sufficient navigable water outside of the
safety zone to safely maneuver are allowed to operate within the safety
zone and shall travel at the minimum speed necessary to maintain a safe
course. Vessels operating within the safety zone shall not come within
25 yards of a tall ship unless authorized by the cognizant Captain of
the Port, their designated representative, or the on-scene official
patrol.
(3) When a tall ship approaches any vessel that is moored or
anchored, the stationary vessel must stay moored or anchored while it
remains within the tall ship's safety zone unless ordered by or given
permission from the cognizant Captain of the Port, their designated
representative, or the on-scene official patrol to do otherwise.
(d) Effective period. This rule is effective from 12:01 a.m. on
Wednesday, July 6, 2016 through 12:01 a.m. on Monday September 12,
2016.
(e) Navigation Rules. The Navigation Rules shall apply at all times
within a tall ships safety zone.
Dated: April 8, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-10453 Filed 5-3-16; 8:45 am]
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