[Federal Register Volume 66, Number 68 (Monday, April 9, 2001)]
[Proposed Rules]
[Pages 18419-18426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8444]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110, 117, 165

[CGD09-01-004]
RIN 2115-AA97


Sail Detroit and Tall Ship Celebration, 2001, Detroit and Saginaw 
Rivers, MI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary safety zones 
and anchorage areas during the Sail Detroit tall ship visit and harbor 
celebration in the Detroit River, Detroit, Michigan, to be held July 
18-24, 2001. The Coast Guard also proposes to establish temporary 
safety zones and drawbridge operating regulations during the Tall Ship 
Celebration: 2001 to be held July 26-30, 2001 in the Saginaw River, Bay 
City, Michigan. These regulations are necessary to promote the safe 
navigation of vessels and the safety of life and property during the 
periods of heavy vessel traffic expected during these events.

DATES: Comments and related material must reach the Coast Guard on or 
before June 8, 2001.

ADDRESSES: You may mail or hand-deliver comments and related material 
to: Commanding Officer, U.S. Coast Guard Marine Safety Office Detroit, 
110 Mt. Elliott Ave., Detroit, MI 48207-4380. Marine Safety Office 
Detroit maintains the public docket for this rulemaking. Comments and 
material received from the public, as well as documents indicated in 
this preamble as being available in the docket, will become part of 
this docket and will be available for inspection and copying at Coast 
Guard Marine Safety Office Detroit between the hours of 8 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

[[Page 18420]]


FOR FURTHER INFORMATION CONTACT: Lieutenant Dennis O'Mara, Marine 
Safety Office Detroit at (313) 568-9580.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting comments and related material. Each 
person submitting comments should include their name and address, 
identify the docket number for this rulemaking, [CGD09-01-004], 
indicate the specific section of this document to which each comment 
applies, and give the reason for each comment. Comments and attachments 
should be submitted on 8\1/2\" x 11" unbound paper in a format suitable 
for copying. Persons requesting acknowledgement of receipt of comments 
should include a stamped, self-addressed postcard or envelope. All 
comments and material received during the comment period will be 
considered by the Coast Guard and may change this proposal.

Public Hearing

    The Coast Guard does not plan to hold a public hearing. Persons may 
request a meeting by writing to Commander, Ninth Coast Guard District 
(m), via Marine Safety Office Detroit, at the address listed under 
ADDRESSES. The request should include reasons why a public hearing 
would be beneficial. If the Coast Guard determines that oral 
presentations will aid in this rulemaking, it will hold a public 
hearing at a time and place to be announced by a later notice in the 
Federal Register.

Background and Purpose

    The proposed temporary regulations are for the Sail Detroit tall 
ship visit and harbor celebration and Tall Ship Celebration: 2001 to be 
held in the Detroit and Saginaw Rivers, respectively.
    The Sail Detroit tall ship visit is scheduled to be part of Detroit 
300, the celebration to honor the 300th birthday of Detroit's founding. 
It is a shared international event between the sister cities of 
Detroit, MI and Windsor, ONT. Temporary safety zones will be 
established along both waterfront areas where tall ships will moor. 
Sail Detroit will be highlighted by a 5-mile historic vessel parade 
(approximately 50 vessels, including 20 or more tall ships), waterside 
events, in-port tours, waterside moored vessel viewing, and a re-
enactment of Cadillac's landing in Detroit. The parade of historic 
ships will take place in the Detroit River on Sunday, July 22, 2001 
between the Ojibway Anchorage and Belle Isle. The re-enactment of 
Antoine de la Mothe Cadillac's 1701 landing in Detroit will take place 
on Tuesday, July 24, 2001, between Belle Isle and Hart Plaza. The Coast 
Guard will establish temporary safety zones to ensure the safety of 
both events.
    Tall Ship Celebration: 2001 is a community-wide maritime festival 
in Bay City, MI, featuring a 6-mile ship parade, fireworks, in-port 
tours and waterside moored vessel viewing between July 26 and July 30, 
2001. A parade of ships begins the Bay City celebration on Thursday, 
July 26, forming in Saginaw Bay and traversing the Saginaw River to the 
Veterans Memorial Bridge.
    Vessels in Bay City will moor at docks along Veterans Memorial Park 
and Wenonah Park near the Veterans Memorial Bridge. There will be a 
temporary moving safety zone around the parade vessels during the 
parade to ensure the safety of passengers, crew and visitors. Temporary 
drawbridge operating regulations will be in effect during the parade to 
ensure an open route across the Saginaw River for emergency vehicles. A 
second temporary safety zone between the Liberty Street Bridge and the 
Veterans Memorial Bridge will be established where the sail vessels are 
moored. Fireworks are scheduled to take place in Veterans Park on 
Saturday, July 28, 2001 at 10 p.m. The existing temporary safety zone 
in place for the moored vessels will be sufficient to protect waterside 
viewers during the event.
    These temporary regulations are prompted by the high degree of 
control necessary to ensure the safety of participating and spectator 
vessels for the events occurring in the Detroit River, Saginaw Bay, and 
the Saginaw River during this time. These proposed regulations create 
vessel movement controls, temporary anchorage regulations, temporary 
drawbridge operating regulations, and safety zones that will be in 
effect at specified marine locations during specified times. The 
temporary regulations are specifically designed to minimize adverse 
impacts on commercial users of the affected waterways.
    Vessel congestion due to the large number of participating and 
spectator vessels poses a significant threat to the safety of life. 
This proposed rulemaking is necessary to ensure the safety of life on 
the navigable waters of the United States.

Discussion of Proposed Rule

    The events and regulations planned for the Detroit River for the 
period July, 18-24, 2001 are as follows:
    (1) Safety Zone, Arrival and Mooring of Tall Ships, July 18-22, 
2001. Tall ships are expected to begin arriving in Detroit and Windsor 
as early as Wednesday, July 18, 2001. They will arrive individually, on 
no established schedule, and will moor at Hart Plaza and the River 
Promenade in Detroit and at Dieppe Park in Windsor, Ontario, Canada. At 
12 noon on Wednesday, July 18, 2001, the U.S. Coast Guard will 
establish a temporary 100-yard safety zone in the Detroit River from 
Hart Plaza to the Joe Louis Arena. The safety zone will enclose the 
area bounded by a line drawn from point 42 deg.19'36.5" N, 
083 deg.02'31" W on the U.S. shoreline at the easternmost tip of Hart 
Plaza, extending southward 100 yards into the Detroit River to point 
42 deg.19'34" N, 083 deg.01'31" W, then westward parallel to the U.S. 
shoreline to point 42 deg.19'24" N, 083 deg.03'05" W, then northward to 
the U.S. shoreline at the westernmost tip of the Riverfront Promenade 
near the Joe Louis Arena at point 42 deg.19'26" N, 083 deg.03'06.5" W, 
then back eastward along the U.S. shoreline to point 42 deg.19'36.5" N, 
083 deg.02'31" W. The safety zone will terminate at 9:30 a.m. on 
Sunday, July 22, 2001. Canadian authorities will establish similar 
regulations, with a 100-yard safety zone extending from the Canadian 
shoreline into the Detroit River at Dieppe Park. The Canadian safety 
zone will remain in effect while visiting tall ships are moored in 
Windsor. The Canadian authority is the Windsor Port Authority, 251 
Goyeau St., Suite 502, Windsor, Ontario N9A 6V2, Harbour Master: 
William Marshall, (519) 258-5741. These safety zones are necessary to 
ensure the safety of the tall ships, their crews, and shoreside 
visitors who may be boarding these vessels while they are moored.
    (2) Anchorage and Safety Zone, Sail Detroit Ford Parade of Ships, 
July 22, 2001. The U.S. Coast Guard and the Windsor Port Authority will 
implement complementary safety zones in the Detroit River, restricting 
vessel movements between the Ojibway Anchorage and the easternmost tip 
of Belle Isle on the U.S. side, including the cut channel below Peche 
Island on the Canadian side. The safety zones will be in place between 
the hours of 12:30 p.m. and 5:30 p.m. for the Sail Detroit Ford Parade 
of Ships. The existing Belle Isle and Ojibway Anchorages will be closed 
to commercial vessels before and for the duration of the parade to 
enable emergency anchoring for participating vessels during the parade 
and a suitable staging area for the marine parade. Spectator craft will 
be directed to

[[Page 18421]]

anchor in three temporary spectator anchorage areas that will be 
established along the U.S. side of the Detroit River from 7:30 a.m. 
until 5:30 p.m. The Coast Guard will place temporary buoys in the river 
to mark the four corners of each temporary spectator anchorage area. 
U.S. Coast Guard, assisting-agency patrol vessels and event-sponsored 
patrol craft will be on-scene in both areas to direct vessel operators 
to anchor.
    Spectator Anchorage Area A covers all waters of the Detroit River 
between Chene Park and the Ford Auditorium, out to 200 yards from the 
U.S. shoreline. Spectator Anchorage Area A shall be in effect between 
7:30 a.m. and 5:30 p.m. on Sunday, July 22, 2001. Spectator Anchorage 
Area B covers waters of the Detroit River from the Riverfront Marina to 
the Ambassador Bridge, out to 200 yards from the U.S. shoreline. 
Spectator Anchorage Area B shall be in effect between 7:30 a.m. and 
5:30 p.m. on Sunday, July 22, 2001. Spectator Anchorage Area C covers 
all waters of the Detroit River from Riverside Park to Fort Wayne, out 
to 200 yards from the U.S. shoreline. Spectator Anchorage Area C shall 
be in effect between 7:30 a.m. and 5:30 p.m. on Sunday, July 22, 2001. 
These spectator anchorage areas are needed to accommodate the needs of 
recreational vessels and, at the same time, to ensure the safety of 
parade participants, spectator craft, commercial vessels, and the 
marine environment in the Detroit River.
    Mariners are cautioned that the areas to be established as 
temporary anchorage grounds have not been subject to any special survey 
or inspection and that charts may not show all riverbed obstructions or 
the shallowest depths. In addition, the temporary spectator anchorages 
are in areas of substantial currents, and not all of the waters in the 
anchorages are over good holding ground. Mariners are advised to take 
appropriate precautions when using these temporary spectator 
anchorages. These are not special anchorage areas. Vessels must display 
anchor lights or shapes, as required by the navigation rules.
    Temporary Spectator Anchorage Areas A, B, and C will include 
regulations restricting spectator craft to proceed at speeds which will 
create minimal wake, and not to exceed five (5) miles per hour.
    Vessel operators intending to use one of the spectator anchorage 
areas during the Sail Detroit Ford Parade of Ships are advised to 
anticipate fully their length of stay in these areas and acquaint 
themselves with the operational restrictions that will be in effect 
concerning their use. Operators may not leave unattended vessels in an 
anchorage at any time and may not nest or tie off to other vessels, 
buoys, or to the adjacent shoreline. Spectator anchorage areas will be 
available on a first come first served basis.
    Due to the number of spectator craft expected, vessel operators 
should remember it will be virtually impossible to move either safely 
or legally to new positions, as maneuvering between anchored vessels 
will be prohibited. Accordingly, vessels should have sufficient 
facilities on board to retain all garbage and untreated sewage. 
Discharge of either in any waters of the United States is forbidden. 
Violators may be assessed a civil penalty of up to $25,000.
    Vessel operators are reminded, too, that in addition to the safety 
equipment requirements for pleasure craft, vessels carrying passengers 
must comply with certain additional rules and regulations. When a 
vessel is not being used exclusively for pleasure purposes but rather 
is carrying passengers, the vessel operator must possess a Coast Guard 
issued license and, in most cases, must also display a Certificate of 
Inspection issued by the U.S. Coast Guard.
    While the legal definition of ``passenger'' found in 46 U.S.C. 
2101(21) varies depending on the type of vessel involved, it means, 
generally, any person who has contributed any consideration (monetary 
or otherwise) either directly or indirectly for carriage on board the 
vessel. The same laws provide for substantial penalties for any 
violation. On-scene Coast Guard patrol personnel will enforce the 
provisions of the temporary anchorage regulations and will aggressively 
board vessels that appear to be overloaded or carrying passengers 
illegally. Violators will be prosecuted.
    Upon the completion of the parade, all spectator craft shall depart 
their respective anchorage under the direction of on-scene Coast Guard 
vessels. To ease vessel traffic flow after the parade, vessels anchored 
in Temporary Anchorage Area A are expected to depart generally in an 
upbound direction, and may be delayed, leaving sometime after parade 
participants have had suitable time to clear the area. Vessels anchored 
in Temporary Spectator Anchorage Areas B and C are expected to depart 
generally in a downbound direction, with the ability to leave sooner 
than those proceeding upriver.
    Additionally, there will be a temporary safety zone in all U.S. 
waters of the Detroit River between Nicholson Terminal, River Rouge, 
MI, and the eastern tip of Belle Isle between 12:30 p.m. and 5:30 p.m. 
on Sunday, July 22, 2001. The temporary safety zone will include all 
U.S. waters of the Detroit River bounded by a line drawn from a point 
on the United States shoreline near the Nicholson Marine Terminal in 
River Rouge, MI, at position 42 deg.15'21" N, 083 deg.07'14" W, to a 
point on the international boundary line at position 42 deg.15'14" N, 
083 deg.07'00" W; thence northeasterly, along the international 
boundary line to a point due south of Coast Guard Station Belle Isle, 
at position 42 deg.20'22" N, 082 deg.57'35" W; thence, due north to 
Coast Guard Station Belle Isle. The safety zone includes all waters of 
the Detroit River, downbound from the Coast Guard Station Belle Isle, 
around the western tip of the island, along the MacArthur Bridge, and 
then along the length of the entire Detroit waterfront to Nicholson 
Terminal, River Rouge, MI, out to the U.S. Canadian border, not to 
include waters of Temporary Spectator Anchorage Areas A, B or C, as 
defined by Sec. 110.T09-007. Similar restrictions will be in place in 
Canadian waters, including temporary closure of the cut channel below 
Peche Island as an anchorage area for parade vessels returning to Lake 
Erie. The U.S. Captain of the Port and Windsor Port Authority will work 
in concert to ensure the safety of U.S. and Canadian waterway users.
    During the event, a no-wake zone will be maintained along the 
Canadian shoreline to allow for the through passage of recreational 
vessels bound for Lake Erie and Lake St. Clair for those vessel 
operators choosing not to anchor for the ship parade. No vessel shall 
enter the safety zone without the permission of the on-scene Coast 
Guard patrol craft. Movement within the safety zone will be controlled 
by on-scene patrol vessels.
    Upbound commercial vessels will be allowed to transit the Detroit 
River with parade participants. They will not be permitted to overtake 
vessels participating in the parade until once outside the safety zone. 
The Canadian Marine Communications and Traffic Service (MCTS) Centre in 
Sarnia, Ontario, Canada, will coordinate and communicate with up and 
downbound commercial vessels, the Coast Guard Patrol Commander, and the 
sponsor's parade marshal. The Coast Guard Patrol Commander and the 
sponsor's parade marshal will assist in coordinating commercial vessel 
movements with MCTS Sarnia, communicating via marine band radio. 
Downbound deep draft commercial vessels will be requested to slow their 
speed of advance while in Lake Huron, so as to allow

[[Page 18422]]

event participants time to complete the parade route safely, to avoid 
meeting situations in congested waters during the ship parade.
    Commercial vessels will not be allowed to anchor in the Belle Isle 
or Ojibway anchorages before or during the parade, except by permission 
of the Captain of the Port Detroit, or the Windsor Harbour Master, 
respectively. The Windsor Port Authority will implement a special 
anchorage area at the eastern end of Peche Island, in the cut channel 
below the island, to enable vessels participating in the parade to wait 
for the conclusion of the parade to return to down river locations.
    These anchorage areas, safety zones, and vessel controls are 
necessary to ensure the safety of parade participants, waterside and 
shoreside spectators, commercial vessels and crews, and the marine 
environment during this period of high vessel traffic in the Detroit 
River. A Coast Guard safe boating guide is being prepared as a handout 
for marine spectators to clarify restrictions in place during the ship 
parade.
    (3) Safety Zone, Re-enactment of Cadillac's Landing, July 24, 2001. 
Cadillac's landing in Detroit will be re-enacted in the Detroit River 
between the Detroit Yacht Club and Hart Plaza. No Canadian waterway 
restrictions will be in place for this event. Between six and ten 
replica canoes, each with approximately 30 people on board, will paddle 
down the Detroit River, departing the Detroit Yacht Club at 
approximately 1 p.m. and arriving at Hart Plaza at approximately 2:30 
p.m. The canoes will moor to a barge anchored in the Detroit River in 
the vicinity of Hart Plaza. The landing will be followed by a ceremony 
commemorating the historic landing. After the ceremony, the canoes will 
paddle from Hart Plaza to Riverside Park, below the Ambassador Bridge, 
where they will exit the river. Because of the consistent wave action 
in the Detroit River from wind, wakes and current, a temporary 100-yard 
moving safety zone will be established around the canoes while they are 
operating in the Detroit River. There will also be a temporary safety 
zone 100 yards in all directions around the barge anchored near Hart 
Plaza that will serve as their landing site. The safety zones will be 
in effect between 1 p.m. and 7 p.m. on Tuesday, July 24, 2001. These 
safety zones are necessary to ensure the safety of the re-enactors, 
their vessels, and ceremony participants.
    Upon completion of the harbor festivities in Detroit, many 
participating tall ships will head north to Bay City. The events and 
regulations planned for the Saginaw River and Saginaw Bay for the 
period July 26-30, 2001 are as follows:
    (4) Safety Zone, Parade of Ships, July 26, 2001. Tall Ship 
Celebration: 2001 will hold its tall ship parade on Thursday, July 26, 
2001. The parade is expected to begin at 1 p.m. in Bay City. To 
accommodate the start time, tall ships will begin mustering at 
approximately 12 noon in Saginaw Bay. A staging area will be 
established near the starting point, at ``Light 12'' (LLNR 10644), 
extending 100 yards in all directions from position 43 deg.43'54" N, 
83 deg.46'54" W.
    The parade route starts abeam of Saginaw Bay Channel ``Light 12'' 
proceeding up Saginaw Channel into the Saginaw River. It continues up 
the Saginaw River to a point near Veterans Memorial Park and Wenonah 
Park, where the parade will end and parade vessels will moor.
    The parade will end near Veterans Memorial Park and Wenonah Park in 
Bay City, Michigan. Vessels will moor at locations along the two river 
banks of the Bay City waterfront in the vicinity of the Veterans 
Memorial Bridge.
    The Coast Guard will establish a temporary moving safety zone 
around the participating vessels at the staging area and during the 
parade. The safety zone will start at 12 noon on Thursday, July 26, 
2001 at the staging area, located at ``Light 12'' (LLNR 10644) and 
extending 100 yards in all directions from position 43 deg.43'54" N, 
83 deg.46'54" W. Upon commencement of the parade at 1 p.m., the safety 
zone will include all waters of the Saginaw Bay Channel and Saginaw 
River, within the charted navigable channel, including the Essexville 
Turning Basin, 100 yards on all sides and one mile ahead of the lead 
parade vessel, up to the Veterans Memorial Bridge at mile 5.6 of the 
Saginaw River, and 100 yards around all other participating parade 
vessels. The safety zone will terminate at 7 p.m. on Thursday, July 26, 
2001 at the Veterans Memorial Bridge. Only parade vessels and patrol 
craft will be permitted in the safety zone during the ship parade; any 
other vessel movement will be with the permission of the on-scene Coast 
Guard patrol vessels, as directed by the Coast Guard Patrol Commander.
    Recreational vessels viewing the parade will be directed to anchor 
in the waters of the Saginaw River outside of the safety zone. 
Spectator craft in the Saginaw River are requested to remain anchored 
during the parade, and should be at anchor no later than 1 p.m. on 
Thursday, July 26, 2001. They will be asked to remain at anchor until 
the completion of the transit of the final parade vessel.
    Mariners are cautioned that the areas designated for spectator 
craft anchoring have not been subject to any special survey or 
inspection and that charts may not show all riverbed obstructions or 
the shallowest depths. They are not special anchorage areas. Spectator 
vessels choosing waterside locations along the parade route must 
display anchor lights or shapes, as required by the navigation rules. 
Vessels anchoring in the Saginaw River, outside the channel, are 
requested to proceed at speeds that will create minimal wake and not to 
exceed five (5) miles per hour.
    Vessel operators intending to anchor along the parade route during 
the Tall Ship Celebration: 2001 ship parade are advised to fully 
anticipate their length of stay and to the greatest extent practicable, 
to comply with the recommended operational guidelines. Operators should 
not leave unattended vessels in the river along the parade route at any 
time and should not nest or tie off to other vessels, buoys, or to the 
adjacent shoreline. Spectator anchorage locations will be available on 
a first come first served basis.
    Due to the number of spectator craft expected, vessel operators 
should remember it will be virtually impossible to move safely to new 
positions, as maneuvering between anchored vessels is not advisable. 
Accordingly, vessels should have sufficient facilities on board to 
retain all garbage and untreated sewage. Discharge of either in any 
waters of the United States, which include all waters addressed in this 
rule, is strictly forbidden. Violators may be assessed a civil penalty 
of up to $25,000.
    Vessels are reminded, too, that in addition to the safety equipment 
requirements for pleasure craft, vessels carrying passengers must 
comply with certain additional rules and regulations, as discussed in 
paragraph (2) above.
    (5) Drawbridge Operation Regulations, Parade of Ships, July 26, 
2001. To ensure the safety of the public during the parade, shoreside 
public safety vehicles must be fully capable of crossing the Saginaw 
River in the event of a shoreside emergency. To accommodate this public 
safety need, the Independence Bridge and the Liberty Street Bridge will 
open for vessel traffic on a rotating basis from 1 p.m. until 7 p.m. on 
Thursday, July 26, 2001 in Bay City, Michigan. The Independence Bridge 
will open for two to three parade vessels and will close behind them. 
The vessels will then proceed up the river to the Liberty

[[Page 18423]]

Street Bridge, which will open to allow them to pass. After the vessels 
have safely passed, and the Liberty Street Bridge has closed, the 
Independence Street Bridge will open to allow two or three more parade 
vessels to pass. Once the Independence Bridge is closed, the Liberty 
Street Bridge will open, allowing those vessels to pass. Vessels will 
continue to transit through the Independence and Liberty Street Bridges 
in this manner until all parade vessels have safely passed.
    (6) Safety Zone, Mooring of Tall Ships, July 26-30, 2001. At 1 p.m. 
on Thursday, July 26, 2001, a temporary safety zone will be established 
in all waters of the Saginaw River between the Liberty Street Bridge 
and the Veterans Memorial Bridge. This safety zone will be in effect 
until 10 p.m. Thursday, July 30, 2001. Vessels may be permitted to 
operate in this safety zone, but only under the direction of on-scene 
Coast Guard patrol personnel. Spectator vessels will be directed out of 
this area altogether during the fireworks event, scheduled to take 
place at 10 p.m. on Saturday, July 28, 2001.
    These safety rules are necessary in order to provide adequate 
controls to ensure the safety of the tall ships, their crews, and 
shoreside visitors who may be boarding these vessels while they are 
moored.
    If changes are made to these proposed rules, or if the Captain of 
the Port, Detroit determines that additional controls are necessary, a 
notice will be published in the Federal Register. Details of these 
events and of the special regulations in effect for each event will be 
published in the Local Notice to Mariners. Additionally, appropriate 
Safety Marine Information Broadcasts will be initiated for each event. 
For all events, vessel operators will be required to maneuver as 
directed by on-scene Coast Guard patrol personnel. Coast Guard patrol 
personnel enforcing regulations for safety zones, anchorages, and 
regulated areas for these events include commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local law enforcement vessels. Violators of Coast Guard 
safety zone regulations may result in civil penalties of up to $25,000.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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 Transportation (DOT) (44 FR 11040, 
February 26, 1979).
    Due to the short duration of these marine events and the advance 
notice provided to the marine community, we expect the economic impact 
of this proposed rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. Two days, Sunday, July 22, 2001 and 
Thursday, July 26, 2001, will have the greatest potential impact on 
port users. On July 22, the Sail Detroit Ford Parade of Ships will take 
place in the Detroit River, and on July 26, the Tall Ship Celebration: 
2001 parade of ships will take place in Saginaw Bay and the Saginaw 
River. On both of these days, the combination of parade vessels and 
large numbers of recreational vessels will cause potential disruptions 
to normal port activity. However, due to the temporary nature of these 
disruptions, they can be planned for in advance to minimize the 
economic hardship that might result. The largest segments of the port 
community facing disruptions are the operators of deep draft vessels 
and the terminals they call on. In addition to the extended advance 
notice of these events provided by the COTP, deep draft vessel traffic 
will be accommodated as best as possible on these two days. Moreover, 
provisions have been made by the Sail Detroit sponsor to allow vessels 
transiting upbound in the Detroit River on Sunday, July 22 to be 
included in the ship parade.
    The Coast Guard expects that the publication and advertisement of 
these events and these proposed regulations will allow the industry 
sufficient time to adjust schedules and minimize adverse impacts. 
Compensating for any adverse impacts are the favorable economic impacts 
that these events will have on commercial activity in the area as a 
whole from the boaters and tourists these events are expected to 
attract.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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.
    For the reasons stated in the Regulatory Evaluation section above, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule, if adopted, will not have a significant economic impact on a 
substantial number of small entities.
    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 (Public Law 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 this 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Marine Safety Office Detroit 
(see ADDRESSES).

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

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local or tribal government or the private sector to incur direct costs 
without the Federal Government having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would 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.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of

[[Page 18424]]

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 does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribe, 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.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraphs 34 (f), 
(g), and (h) of Commandant Instruction M16475.1C, this proposed rule 
will have no significant environmental impact and is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects

33 CFR Part 110

    Anchorage Grounds.

33 CFR Part 117

    Bridges.

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 Parts 110, 117, and 165 as follows:

PART 110--ANCHORAGE REGULATIONS [AMENDED]

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and 
2071; 49 CFR 1.46 and 33 CFR 1.05-1(g).

    2. Temporary Sec. 110.T09-007 is added to read as follows:


Sec. 110.T09-007  Detroit River, Detroit, Michigan.

    (a) Existing paragraph 110.206 is temporarily suspended from 7:30 
a.m. to 5:30 p.m. on Sunday July 22, 2001. During the period of the 
suspension, the existing anchorage will be closed to commercial deep 
draft vessels, except as directed in an emergency during the Sail 
Detroit Ford Parade of Ships, as directed by COTP Detroit.
    (b) For that same term, temporary spectator anchorage areas are 
established as follows:
    (1) Temporary Spectator Anchorage Area A.
    The area specifically bounded downriver by a line drawn from the 
United States shoreline at position 42 deg.19'36" N, 083 deg.02'37" W, 
to the Griswold Street Junction Buoy (LLNR 8200); and bounded on the 
south by a line drawn from the Griswold Street Junction Buoy to the 
Belle Isle Lower Lighted Junction Buoy (LLNR 8205); and bounded upriver 
by a line drawn from the Belle Isle Lower Lighted Junction Buoy to the 
United States shoreline at position 42 deg.20'24" N, 083 deg.01'08" W; 
and bounded on the north by the United States shoreline between 
positions 42 deg.19'36" N, 083 deg.02'37" W, and 42 deg.20'24" N, 
083 deg.01'08" W is Temporary Spectator Anchorage Area A.
    (2) Temporary Spectator Anchorage Area B
    The area specifically bounded upriver by a line drawn from 
Riverfront Marina South Entrance Light ``1'' (LLNR 8175) to a point 200 
yards from the United States shoreline at position 42 deg.19'18" N, 
083 deg.03'12" W (point 1); and bounded downriver by the Ambassador 
Bridgefrom the United States shoreline at position 42 deg.18'52" N, 
083 deg.04'32" W to a point 200 yards from the U.S. shoreline at 
position 42 deg.18'46" N, 083 deg.04'29" W (point 2); and bounded on 
the south by a line 200 yards offshore connecting points 1 and 2 
parallel to the U.S. shoreline; and bounded on the north by the U.S. 
shoreline is Temporary Spectator Anchorage Area B.
    (3) Temporary Spectator Anchorage Area C.
    The area specifically bounded upriver by a line drawn from the 
United States shoreline at position, 42 deg.18'46" N, 083 deg.04'42" W 
to a point in the Detroit River 200 yards from the shoreline at 
position 42 deg.18'42" N, 083 deg.04'38" W (point 3); and bounded 
downriver by a line drawn between a point in the Detroit River at 
position 42 deg.17'42.5" N, 083 deg.05'36.5" W (point 4), and a point 
on the U.S. shoreline at position 42 deg.17'46" N, 083 deg.05'43" W; 
and bounded on the south by a line drawn 200 yards from the United 
States shoreline between points 3 and 4, and bounded on the west by the 
U.S. shoreline is Temporary Spectator Anchorage Area C.
    (c) Local Regulations.
    (1) During the effective period, all vessels operating within the 
Temporary Spectator Anchorage Areas A, B or C shall proceed directly to 
or from anchor at no wake speeds, not to exceed five (5) miles per 
hour, unless otherwise authorized by the COTP Detroit, or other on-
scene Coast Guard patrol personnel.
    (2) Vessel operators may not leave unattended vessels in the 
anchorage at any time.
    (3) Vessel operators may not nest or tie off to other vessels or 
buoys, or to the adjacent shoreline.
    (4) Vessel operators may not maneuver between anchored vessels.
    (5) Vessel operators shall display the proper anchoring shapes or 
lights, as defined by navigation rules.
    (6) Vessel operators shall depart the anchorage areas after 
termination of the effective period. Once directed to do so by on-scene 
patrol personnel, vessels shall depart as follows: Vessels anchored in 
Anchorage Areas A, B or C may depart in a downbound direction as soon 
as the last participating parade vessel passes by the anchorage. 
Upbound vessels will depart as directed by Coast Guard patrol 
personnel, based on congestion and existing vessel traffic conditions.
    (7) Vessel operators shall comply with the instructions of the on-
scene Coast Guard personnel. On-scene Coast Guard personnel include 
commissioned, warrant, and petty officers of the United States Coast 
Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and 
federal law enforcement vessels.
    (d) Mariners are cautioned that the areas designated as anchorage 
grounds in this section have not been subject to any special survey or 
inspection and that charts may not show all riverbed obstructions or 
the shallowest depths. In addition, the anchorages are in areas of 
substantial currents, and not all anchorages are over good holding 
ground. Mariners are advised to take appropriate precautions when using 
these temporary anchorages. These are not special anchorage areas. 
Vessels must display anchor lights or shapes, as required by the 
navigation rules. All anchorages in this paragraph are effective as 
specified. Vessel operators using the anchorages in this paragraph must 
comply with the general

[[Page 18425]]

operational requirements specified in paragraph (c) of this section.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    3. The Authority cite for Part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); Section 
117.255 also issued under authority of Pub. L. 102-587, 106 Stat. 
5039.

    4. From 1 p.m., Thursday, July 26, 2001 until 7 p.m., Thursday, 
July 26, 2001, in Sec. 117.647, suspend paragraph (b) and add 
paragraphs (f) and (g) to read as follows:


Sec. 117.647  Saginaw River.

* * * * *
    (f) The draws of the Veterans Memorial bridge, mile 5.0, and 
Lafayette Street bridge, mile 6.2, in Bay City, shall open on signal 
from March 16 through December 15, except as follows:
    (1) From 6:30 a.m. to 8:30 a.m. and 3:30 p.m. to 5:30 p.m. except 
Saturdays, Sundays, and holidays observed in the locality, the draws 
need not be opened for the passage of vessels of less than 50 gross 
tons.
    (2) From 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. except 
on Sundays and Federal holidays, the draws need not be opened for the 
passage of downbound vessels of over 50 gross tons.
    (3) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and Federal 
holidays, the draws of the Lafayette Street bridge need not be opened 
for the passage of pleasure craft except for three minutes before to 
three minutes after the hour and half hour.
    (4) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and Federal 
holidays, the draws of the Veterans Memorial bridge need not be opened 
for the passage of pleasure craft, except from three minutes before to 
three minutes after the quarter hour and three quarter hour.
    (5) From December 16 through March 15, the draws of these bridges 
shall open on signal if at least 12 hours notice is given.
    (g) From 1 p.m., Thursday, July 26, 2001 to 7 p.m., Thursday, July 
26, 2001, the draws of the Belinda Street (Independence) bridge, mile 
3.3, and the Liberty Street bridge, mile 4.4, shall be closed to 
navigation, except that the draws shall open upon signal from vessels 
participating in the Tall Ship Celebration: 2001 Parade of Ships.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 
[AMENDED]

    5. 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; 49 CFR 1.46.

    6. Add temporary Sec. 165.T09-008 to read as follows:


Sec. 165.T09-008  Safety Zone: Hart Plaza to the Joe Louis Arena, 
Detroit River, Detroit, Michigan.

    (a) Location. The following is a Safety Zone: All U.S. waters of 
the Detroit River extending 100 yards from the shoreline between the 
easternmost tip of Hart Plaza to the westernmost point of the River 
Promenade at Joe Louis Arena. The safety zone will enclose the area 
bounded by a line drawn from point 42 deg.19'36.5" N, 083 deg.02'31" W 
on the U.S. shoreline at the easternmost tip of Hart Plaza, extending 
southward 100 yards into the Detroit River to point 42 deg.19'34" N, 
083 deg.01'31" W, then westward parallel to the U.S. shoreline to point 
42 deg.19'24" N, 083 deg.03'05" W, then northward to the U.S. shoreline 
at the westernmost tip of the Riverfront Promenade near the Joe Louis 
Arena at point 42 deg.19'26" N, 083 deg.03'06.5" W, then back eastward 
along the U.S. shoreline to point 42 deg.19'36.5" N, 083 deg.02'31" W.
    (b) Effective Date. This section is effective at 12 noon on 
Wednesday, July 18, 2001, and shall remain in effect until 9:30 a.m. on 
Sunday, July 22, 2001.
    (c) Regulations. Vessels operating in the Detroit River within 100 
yards of any moored tall ship sailing vessel during the effective 
period must proceed:
    (1) In traffic patterns as directed by on-scene Coast Guard patrol 
craft, so as not to hazard tall ships or shoreside visitors boarding 
tall ships.
    (2) At speeds that create minimal wake near any moored tall ship in 
the Detroit River, and not within 50 feet of the hull of any moored 
tall ship.
    7. Add temporary Sec. 165.T09-009 to read as follows:


Sec. 165.T09-009  Safety Zone: Detroit River, Detroit, Michigan.

    (a) Location. The following is a safety zone: All U.S. waters of 
the Detroit River bounded by a line drawn from a point on the United 
States shoreline near the Nicholson Marine Terminal in River Rouge, MI, 
at position 42 deg.15'21" N, 083 deg.07'14" W, to a point on the 
international boundary line at position 42 deg.15'14" N, 083 deg.07'00" 
W; thence northeasterly, along the international boundary line to a 
point due south of Coast Guard Station Belle Isle, at position 
42 deg.20'22" N, 082 deg.57'35" W; thence, due north to Coast Guard 
Station Belle Isle. The safety zone includes all waters of the Detroit 
River, downbound from the Coast Guard Station Belle Isle, around the 
western tip of the island, along the MacArthur Bridge, and then along 
the length of the entire Detroit waterfront to Nicholson Terminal, 
River Rouge, MI, out to the U.S. Canadian border, not to include waters 
of Temporary Spectator Anchorage Areas A, B or C, as defined by 
Sec. 110.T09-007.
    (b) Effective Period. This section will be in effect between 12:30 
p.m. and 5:30 p.m. on Sunday, July 22, 2001.
    (c) Regulations.
    (1) The general regulations in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. 
Coast Guard vessel via siren, radio, flashing light, or other means, 
the operator shall proceed as directed. U.S. Coast Guard Auxiliary, 
representatives of the event organizer, and local or state officials 
may be present to inform vessel operators of this regulation and other 
applicable laws.
    8. Add temporary Sec. 165.T09-010 to read as follows:


Sec. 165.T09-010  Safety Zone: Detroit River, Detroit, Michigan.

    (a) Location. The following areas are safety zones:
    (1) All U.S. waters of the Detroit River, 100 yards in all 
directions, surrounding a ceremonial barge located in the vicinity of 
Hart Plaza in Detroit, Michigan, at approximate position 42 deg.19'32" 
N, 083 deg.02'41" W.
    (2) All U.S. waters of the Detroit River, 100 yards in all 
directions surrounding a group of six (6) to ten (10) canoes as they 
transit from the Detroit Yacht Club at position 42 deg.21'00" N, 
082 deg.58'30" W, to the ceremonial barge located near Hart Plaza at 
approximate position 42 deg.19'32" N, 083 deg.02'41" W; and continue to 
Riverside Park at position 42 deg.18'46" N, 083 deg.04'42" W.
    (b) Effective Period. The safety zone shall be in effect between 1 
p.m. and 7 p.m. on Tuesday, July 24, 2001.
    (c) Regulations.
    (1) The general regulations in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the

[[Page 18426]]

designated on-scene patrol personnel. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, 
flashing light, or other means, the operator shall proceed as directed. 
U.S. Coast Guard Auxiliary, representatives of the event organizer, and 
local or state officials may be present to inform vessel operators of 
this regulation and other applicable laws.
    9. Add temporary Sec. 165.T09-011 to read as follows:


Sec. 165.T09-011  Safety Zone: Saginaw Bay and River, Bay City, 
Michigan.

    (a) Location. The following area is a safety zone: All waters of 
Saginaw Bay and the Saginaw River within a one hundred (100) yard 
radius and one mile ahead of a group of 12 to 20 tall ships and other 
parade vessels as they transit from position 43 deg.43'54" N, 
083 deg.46'54" W, ``Light 12'' (LLNR 10644) to Veterans Memorial 
Bridge.
    (b) Effective Date. This section is effective from 1 p.m. on 
Thursday, July 26, 2001 until 7 p.m.
    (c) Regulations.
    (1) The general regulations in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. 
Coast Guard vessel via siren, radio, flashing light, or other means, 
the operator shall proceed as directed. U.S. Coast Guard Auxiliary, 
representatives of the event organizer, and local or state officials 
may be present to inform vessel operators of this regulation and other 
applicable laws.
    10. Add temporary Sec. 165.T09-012 to read as follows:


Sec. 165.T09-012  Safety Zone: Veterans Park and Wenonah Park, Saginaw 
River, Bay City, Michigan.

    (a) Location. The following area is a safety zone: All waters of 
the Saginaw River between the Liberty Street Bridge at mile 4.99 and 
the Veterans Memorial Bridge at mile 5.60.
    (b) Effective Date. The safety zone will be in effect from 7 p.m. 
on Thursday, July 26, 2001 to 12 p.m., noon, on Monday, July 30, 2001.
    (c) Regulations. The following special regulations apply:
    (1) The general regulations in 33 CFR 165.23 apply.
    (2) Vessels operating in the Saginaw River within the safety zone 
during the effective period must proceed at no wake speeds, and not 
within 50 feet of the hull of any moored tall ship, in traffic patterns 
as directed by on-scene Coast Guard patrol craft, so as not to hazard 
tall ships or shoreside visitors boarding tall ships.
    (3) Vessels shall remain outside the designated hazard area in the 
safety zone, as directed by on-scene Coast Guard personnel, during any 
evening fireworks event.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or designated on-scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. 
Coast Guard vessel via siren, radio, flashing light, or other means, 
the operator shall proceed as directed. U.S. Coast Guard Auxiliary, 
representatives of the event organizer, and local or state officials 
may be present to inform vessel operators of this regulation and other 
applicable laws.

    Dated: March 28, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District, 
Cleveland, Ohio.
[FR Doc. 01-8444 Filed 4-6-01; 8:45 am]
BILLING CODE 4910-15-P