[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45414-45416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16711]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is creating temporary 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.
DATES: This rule is effective without actual notice from July 14, 2016
through 12:01 a.m. on September 12, 2016. For the purposes of
enforcement, actual notice will be used from 12:01 a.m. July 6, 2016
through July 14, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0267 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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 Information and Regulatory History
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, 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
The Coast Guard published a notice of proposed rulemaking (NPRM)
titled Safety Zone; Tall Ships Challenge Great Lakes 2016, Fairport
Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie,
PA (USCG-2016-0267, 81 FR 26767, May 4, 2016). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related. During the comment period that ended June 3, 2016, we received
one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Ninth District Commander has determined that potential
hazards associated with tall ships operating in crowded harbors in
close proximity to spectator craft necessitate a safety zone. The
purpose of this rule is to ensure the safety of all vessels during the
Tall Ship events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comments on our NPRM published May
4, 2016. The comment was directed at a rule pertaining to a fireworks
show
[[Page 45415]]
during a university graduation and did not apply to this rule. There
are no changes in the regulatory text of this rule from the proposed
rule in the NPRM.
This rule establishes a safety zone from 12:01 a.m. July 6, 2016,
that is established around each Tall Ship participating in this event.
The safety zone covers 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 will 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 apply at all times within the safety zone. The safety
zone terminates at 12:01 a.m. on September 12, 2016.
V. Regulatory Analyses
We developed this 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 rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it 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
will be able to safely transit around this safety zone. Commercial
traffic does not typically come within the boundaries of the safety
zone, and would be permitted to pass through the safety zone in
accordance with the rule. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone and the rule allows 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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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. 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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.
C. Collection of Information
This rule will 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 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 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. If
you believe this 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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
rule involves a safety zone that will prohibit vessels from passing
within 100 yards of a tall ship without coming to a slow speed. It is
categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a
[[Page 45416]]
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
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.
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 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
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 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: July 5, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-16711 Filed 7-13-16; 8:45 am]
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