[Federal Register Volume 68, Number 56 (Monday, March 24, 2003)]
[Proposed Rules]
[Pages 14170-14173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6917]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 68, No. 56 / Monday, March 24, 2003 / 
Proposed Rules  

[[Page 14170]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 117 and 165

[CGD09-03-204]
[RIN 1625-AA09; 1625-AA00]


Temporary Regulations, Saginaw River, August 14-18, 2003

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish proposed temporary 
safety zones and drawbridge suspension regulations during the Bay City 
Tall Ship Celebration to be held August 14-18, 2003 located on the 
Saginaw River in Bay City, Michigan. 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 
these events. These safety zones are intended to restrict vessel 
traffic from a portion of Saginaw Bay and the Saginaw River.

DATES: Comments and related material must reach the Coast Guard on or 
before April 30, 2003.

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 will become part of this docket and 
will be available for inspection and copying at the Coast Guard Marine 
Safety Office between the hours of 8 a.m. and 3 p.m. Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Brandon 
Sullivan, Marine Safety Office Detroit, at (313) 568-9580.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD09-03-
204), 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. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Detroit at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    Bay City Tall Ship Celebration 2003 is a community-wide maritime 
festival in Bay City, MI, featuring a 12-mile ship parade, fireworks, 
and in-port viewing and tours of moored historic tall ship vessels 
between August 14 and August 18, 2003. The parade of ships is the start 
of the Bay City Celebration. The parade will form in Saginaw Bay and 
traverse the Saginaw River to the Liberty Bridge and the Friendship 
Pier.
    Vessels will moor at docks along Veterans Park and Wenonah Park 
between the Liberty Bridge and the Friendship Pier in Bay City. We are 
proposing to establish a temporary moving safety zone around the parade 
vessels during the parade to ensure the safety of passengers, crew and 
visitors. A second proposed temporary safety zone would be established, 
once the vessels are moored, between the Liberty Bridge and the 
Friendship Pier (by light buoy 28) mile marker six. Fireworks are 
scheduled to take place in Veterans Park on August 16, 2003 from 9:30 
p.m. to 11 p.m. We believe the proposed temporary safety zone, which 
would already be in place for the moored vessels, would 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 both participating and 
spectator vessels during the events occurring in Saginaw Bay and the 
Saginaw River. These proposed regulations provide guidance on vessel 
movement controls and proposed 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.

Discussion of Proposed Rule

    The events planned for The Bay City Tall Ships Celebration for the 
period August 14-18, 2003 are as follows:
    (1) Parade of Ships, August 14, 2003. Bay City Tall Ship 
Celebration 2003 will hold its tall ship parade on August 14, 2003. The 
parade is expected to begin at 2 p.m. in Saginaw Bay. To accommodate 
the start time, tall ships shall begin mustering at approximately 1 
p.m. in Saginaw Bay, near the starting point at position 43[deg]43'54'' 
N, 83[deg]46'54'' W (northeast of Saginaw Bay Channel Light ``12'' 
(LLNR 10675)).
    The parade route starts abeam of Saginaw Bay Channel Light ``12'' 
and proceeds up the Saginaw Bay Channel into the Saginaw River. It 
continues up the Saginaw River to a point near the Veterans Memorial 
Park and Wenonah Park located between the Liberty Bridge and the 
Friendship Pier, where the parade will end and the parade vessels will 
moor.
    To ensure the safety of the public during the parade, shoreside 
public safety vehicles must be fully capable of crossing the Saginaw 
River. To accommodate this public safety need, the Independence Bridge 
and the Liberty Bridge will open for vessel traffic on a rotating 
basis. Thus, both bridges will not be open at the same time.
    The Independence Bridge will open for the passage of two to three 
parade vessels and then close. The vessels will then proceed up the 
river to the Liberty Bridge, which will open to allow passage. After 
the Liberty Bridge has closed, the Independence Bridge will open to 
allow two or three more parade

[[Page 14171]]

vessels to pass. Once the Independence Bridge is closed, the Liberty 
Bridge will open, allowing those vessels to pass. Vessels will continue 
to transit through the Independence and Liberty Bridges in this manner 
until all parade vessels have safely passed.
    The parade will end near Veterans Memorial Park and Wenonah Park in 
Bay City, Michigan. Vessels will moor along the waterfront between the 
Liberty Bridge and the Friendship Pier.
    The Coast Guard proposes to establish a temporary moving safety 
zone around the participating vessels for the duration of the parade. 
The proposed moving safety zone will be enforced when the parade starts 
at 43[deg]43'54'' N, 83[deg]46'54'' W (Saginaw Bay Channel Light ``12'' 
(LLNR 10675)), and will remain in effect until all parade vessels are 
moored. For the lead parade vessel, the safety zone would consist of 
one mile ahead and 100 yards in all other directions. For all other 
vessels, the moving safety zone would consist of 100 yards in any 
direction. The proposed temporary moving safety zone will be enforced 
from 1 p.m. on August 14, 2003 and remain in effect until the last 
official parade vessel is safely moored (roughly 9 p.m.) on August 14, 
2003; or unless terminated sooner by the Captain of the Port Detroit 
(COTP).
    Only parade vessels and official patrol craft will be permitted in 
the proposed moving safety zone during the ship parade. Any other 
vessel desiring to transit this zone, prior to transiting, must request 
permission from the COTP Detroit, or his designated on scene 
representative which will be the Patrol Commander.
    Spectator vessels are requested to anchor in the waters of the 
Saginaw River outside of the proposed moving safety zone. The Captain 
of the Port Detroit asks that all spectator craft in the Saginaw River 
remain at anchor during the parade. For your own safety, it is 
recommended that spectator vessels be at anchor no later than 1 p.m. on 
August 14, 2003. The Coast Guard asks that they remain at anchor until 
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 are advised to fully anticipate their length 
of stay and to the greatest extent practicable, 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.
    Due to the number of spectator craft expected, vessel operators 
should remember it would 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.
    (2) Mooring of Tall Ships, August 14-18, 2003. After the arrival of 
the tall ships after the parade, a temporary proposed safety zone will 
be established in all waters of the Saginaw River between the Liberty 
Bridge and the Friendship Pier within 50 feet of any official parade 
vessel. This proposed safety zone will be in effect until the tall 
ships depart Bay City. Vessels may be permitted to operate in this 
proposed safety zone, but only after permission by the COTP Detroit's 
on scene representative, which will be the Patrol Commander. Spectator 
vessels will be directed out of this area altogether during the 
fireworks event, scheduled to take place between 9:30 p.m. and 11 p.m. 
on Saturday, August 16, 2003.
    These safety rules are necessary in order to provide adequate 
controls to ensure the safety of the tall ships, their crews, and shore 
side 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 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 also 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 
proposed safety zone regulations may result in civil penalties of up to 
$25,000.
    With the many sailing vessels and spectator craft arriving in Bay 
City for this event, additional restrictions on vessel movements may be 
imposed in the form of security zones or other emergency measures to 
safeguard specific individual vessels. In all cases, further 
restrictions on vessel movements will be held to the minimum necessary 
to ensure vessel and personal safety. Every attempt will be made to 
inform the public regarding any additional restrictions COTP Detroit 
may feel necessary to impose. If possible, details of these 
restrictions will be published in the final rule for this event. 
Otherwise, they will appear separately as final rules in emergency 
rulemaking.

Regulatory Evaluation

    This proposed rule is not ``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 the 
Order. The Office of Management and Budget has not reviewed it under 
that Order. It is not significant under the regulatory policies and 
procedures of the Department of Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    The proposed temporary moving safety zone will only be during a six 
hour time period on August 14, 2003. The additional proposed safety 
zone will be enforced after the mooring of the Parade Vessels. On 
August 14, 2003, 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.
    The Coast Guard expects that the amount of publication and 
advertisement about these events and about these proposed regulations 
will allow the industry sufficient time to

[[Page 14172]]

adjust schedules and minimize adverse impacts. Weighted against and 
counterbalanced with 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), an initial 
review was conducted to determine 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.
    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. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit or anchor in a portion of a 
safety zone. However, we believe this would not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule would be in effect for only a few hours on 
the day of the event on an annual basis. Vessel traffic can safely pass 
outside the proposed safety zone during the events, and, with the 
permission of the COTP or his on scene representative, which will be 
the Patrol Commander, traffic would be allowed to pass through the 
safety.
    The exact times and dates will be published in the Ninth Coast 
Guard District Local Notice to Mariners, broadcasts made via the 
Broadcast Notice to Mariners and facsimile sent to operators of vessels 
who might be in the affected area who request such. 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 (Pub. L. 104-221), 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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 proposed 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 proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 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 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 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.

Energy Effects

    We have analyzed this proposed 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. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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 is 
categorically excluded from further environmental documentation. A 
written ``Categorical Exclusion Determination'' is available in the 
docket where indicated under ADDRESSES.

List of Subjects

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 117 and 165 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation 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.

    2. From 8 a.m. until 1 p.m., Thursday, August 14, 2003, in Sec.  
117.647, suspend paragraph (b) and add temporary paragraphs (e) and (f) 
to read as follows:

[[Page 14173]]

Sec.  117.647  Saginaw River.

* * * * *
    (e) The draws of the Veterans Memorial bridge, mile 5.60, and 
Lafayette Street bridge, mile 6.78 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 down-bound 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 Independence and Veterans Memorial bridges 
need not be opened for the passage of pleasure craft except from 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 Liberty Street and Lafayette Street bridges 
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.
    (f) The draws of the Independence bridge, mile 3.88, and the 
Liberty Street Bridge, mile 4.99, from 1 p.m. until 9 p.m., Thursday, 
August 14, 2003, shall be closed to navigation, except that the draws 
shall open upon signal for official vessels participating in the Tall 
Ship Celebration 2003 Parade of Ships.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    3. 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.

    4. Add temporary Sec.  165.T09-204 to read as follows:


Sec.  165.T09-204  Safety Zone; Tall Ship Celebration 2003 Bay City, 
MI.

    (a) Safety zones. The following are safety zones:
    (1) Saginaw River Moored Tall Ships Safety Zone, Veterans Park and 
Wenonah Park, Saginaw River, Bay City, MI
    (i) Location. The following area is a safety zone: All waters of 
the Saginaw River between the Liberty Bridge at mile 4.99 and the 
Friendship Pier at mile 6.1 within 50 ft of any participating moored 
Tall Ships.
    (ii) Enforcement periods. The safety zones in paragraph (a)(1) of 
this section will be enforced whenever a tall ship is moored at 
Veterans Park or Wenonah Park between the Liberty Bridge and the 
Friendship Pier, from 1 p.m. on August 14, 2003 to 9 p.m. on August 18, 
2003.
    (iii) Special Regulations.
    (A) 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.
    (B) 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.
    (2) Bay City Tall Ships Parade Moving Safety Zone.
    (i) Location. The following area is a moving safety zone: all 
waters of the Saginaw Bay and Saginaw River one mile ahead and 100 yard 
in every other direction of the lead official parade vessel; for all 
other official parade vessels, 100 yards in any direction from when the 
vessels pass the starting position at 43[deg]43'54'' N, 83[deg]46'54'' 
W (northeast of Saginaw Bay Light ``12'' (LLNR 10675)), and remaining 
in effect until the official parade vessels are moored between Veterans 
Memorial Park and Wennonah Park (between the Liberty Bridge and the 
Friendship Pier).
    (ii) Enforcement period. Paragraph (a)(2) of this section will be 
enforced from 1 p.m. on Thursday, August 14, 2003 until 9 p.m. on 
Thursday, August 14, 2003, until each participating Tall Ship is safely 
moored in Bay City.
    (b) Regulations.
    (1) The general regulations in 33 CFR 165.23 apply to the zones in 
this section.
    (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.

    Dated: March 5, 2003.
Ronald F. Silva,
Rear Admiral, Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-6917 Filed 3-21-03; 8:45 am]
BILLING CODE 4910-15-P