[Federal Register Volume 66, Number 169 (Thursday, August 30, 2001)]
[Rules and Regulations]
[Pages 45773-45775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21957]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

CGD09-01-116
RIN 2115-AA97


Safety Zones; Port Huron Tall Ship Celebration, St. Clair River, 
MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing individual temporary moving 
safety zones around the sailing vessels Norfolk Rebel, Cape Rose, 
Larinda, Highlander Sea, Pride of Baltimore II, for the ``Port Huron 
Parade of Tall Ships'' on August 30, 2001. These safety zones 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 this event. These safety zones are intended to restrict vessel 
traffic from a portion of Lake Huron and the St. Clair River.

DATES: This temporary final rule is effective from 5 p.m. until 7 p.m. 
on August 30, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD09-01-116 and are available for inspection or 
copying at: U.S. Coast Guard Marine Safety Office Detroit, 110 Mt. 
Elliott Ave. Detroit, MI 48207, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: ENS Brandon Sullivan, U.S. Coast Guard 
Marine Safety Office Detroit, 110 Mt. Elliott Ave. Detroit, MI 48207. 
The telephone number is (313) 568-9558.

[[Page 45774]]


SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register. The permit 
application was not received in time to publish an NPRM followed by a 
final rule before the effective date. Delaying this rule would be 
contrary to the public interest of ensuring the safety of spectators 
and vessels during this event and immediate action is necessary to 
prevent possible loss of life or property.

Background and Purpose

    This temporary final rule is for the Port Huron tall ship visit to 
be held in Port Huron. There will be individual temporary moving safety 
zones around the sailing vessels, Norfolk Rebel, Cape Rose, Larinda, 
Highlander Sea, Pride of Baltimore II, which will be officially 
participating in the parade, to ensure the safety of passengers, crew, 
and spectators. The moving safety zones will encompass all waters 100 
yards ahead, 100 yards behind, and 50 yards on either side of each of 
the tall ships.
    These moving safety zones will be enforced from the north starting 
point at Lake Huron Cut Light #7, Light List number (LLN) 10065, in 
position 43 deg.03'36" N, 082 deg.25'06" W and continuing south to the 
Port Huron Terminal, in position 42 deg.57'32" N, 082 deg.25'38" W. 
These coordinates are based upon North American Datum 1983 (NAD 83).
    These safety zones are necessary to control vessel movement and to 
ensure the safety of the public and vessels during the Tall Ships 
Parade of Sail occurring in a portion of Lake Huron and the St. Clair 
River. In order to minimize adverse impacts on commercial users of the 
affected waterway, we are enacting individual moving safety zones 
around each tall ship in lieu of a blanket safety zone for the entire 
U.S. portion of Lake Huron and the St. Clair River.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port Detroit or his designated on-scene 
patrol representative. Entry into, transiting, or anchoring within the 
safety zones is prohibited unless authorized by the Captain of the Port 
Detroit or his designated on-scene representative. The Captain of the 
Port Detroit or his designated on-scene representative may be contacted 
via VHF Channel 16.

Regulatory Evaluation

    This 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 this rule 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). We expect the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.
    This determination is based on the minimal time, two hours, that 
vessels will be restricted from the zones, and therefore will cause 
only minor if any impacts to mariners.

Small Entities

    Under the Regulatory Flexibility Act, (5 U.S.C. 601-612), we 
considered whether this rule would have a significant impact on a 
substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities: the owners or operators of commercial vessels 
intending to transit or anchor in a portion of an activated safety 
zone.
    These moving safety zones will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: the safety zones are only in effect from 5 p.m. until 7 p.m. 
and vessel traffic may safely pass outside the safety zones during the 
event. Before the effective period, we will issue maritime advisories 
widely available to users of Lake Huron and the St. Clair River by the 
Ninth Coast Guard District Local Notice to Mariners, and Marine 
Information Broadcasts. Facsimile broadcasts may also be made.
    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 rule so that they can better evaluate 
its effects and participate in the rulemaking process. 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 Marine Safety Office Detroit 
(see ADDRESSES.)
    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).

Collection of Information

    This 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 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) 
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 or more in any 
one year. Though this rule would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

[[Page 45775]]

Civil Justice Reform

    This rule meets the applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    The Coast Guard has analyzed this 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.

Environment

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. A written categorical exclusion 
determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action.

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

    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, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T09-993 is added to read as follows:


Sec. 165.T09-993  Safety Zones; Port Huron Tall Ship Celebration, St. 
Clair River, MI.

    (a) Location. The Coast Guard will establish temporary moving 
safety zones that will encompass all waters 100 yards ahead, 100 yards 
behind, and 50 yards on either side of the sailing vessels, Norfolk 
Rebel, Cape Rose, Larinda, Highlander Sea, Pride of Baltimore II, which 
will be participating in the Port Huron Parade of Tall Ships. These 
individual temporary moving safety zones will ensure safe navigation of 
vessels officially participating in the parade. The moving safety zones 
will be enforced from the north starting point at Lake Huron Cut Light 
#7 (LLN 10065), in position 43 deg.03'36" N, 082 deg.25'06" W, and to 
the south, ending at Port Huron Terminal, in position 42 deg.57'32" N, 
082 deg.25'38" W. These coordinates are based upon North American Datum 
1983 (NAD 83).
    (b) Effective time and date. This section is effective 5 p.m. until 
7 p.m. on August 30, 2001. The designated on-scene Patrol Commander may 
be contacted via VHF Channel 16.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into the safety zones is prohibited 
unless authorized by the Coast Guard Captain of the Port Detroit, or 
his designated on-scene representative.

    Dated: August 24, 2001.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 01-21957 Filed 8-29-01; 8:45 am]
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