[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Proposed Rules]
[Pages 27498-27501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12492]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 117

[CGD09-03-208]
RIN 1625-AA08
RIN 1625-AA09


Toledo Tall Ships Parade 2003, Port of Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish temporary regulations, 
including an exclusionary area and spectator anchorage areas, as well 
as drawbridge regulations for the Parade of Sail Toledo 2003 in the 
Port of Toledo, Ohio, on July 16, 2003. These regulations are necessary 
to promote the safe navigation of vessels and the safety of life and 
property during the heavy volume of vessel traffic expected during this 
event. These regulations are intended to restrict vessel traffic from a 
portion of Lake Erie and the Maumee River.

DATES: Comments and related material must reach the Coast Guard on or 
before June 15, 2003.

ADDRESSES: You may mail or hand-deliver comments and related material 
to Marine Safety Office (MSO) Toledo, 420 Madison Ave, Suite 700, 
Toledo, Ohio 43604. MSO Toledo maintains the public docket for this 
rulemaking. Comments and materials 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 or 
copying between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LT Herb Oertli, Chief of Port 
Operations, MSO Toledo, at (419) 418-6050.

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

[[Page 27499]]

this rulemaking (CGD09-03-208), 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 MSO Toledo 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

    The proposed temporary special local regulations are for the Toledo 
2003 Tall Ships Parade of Sail that will be held in the Maumee River. 
The parade is currently scheduled to occur from 2 p.m. until 7 p.m. on 
July 16, 2003. These regulations will assist in providing for the 
safety of life on navigable waters and to protect commercial vessels, 
tall ships, spectators, and the Port of Toledo during this event.
    American Sail Training Association is sponsoring Sail Toledo 2003. 
The scheduled events will occur July 16, 2003 in the Port of Toledo and 
surrounding waters. This event will consist of a Parade of Sail from 
the mouth of the Maumee River to Independence Park. The parade route 
will originate in Maumee Bay and continue inbound up the Maumee Bay and 
Maumee River channel to various berths throughout the Port of Toledo.
    The Coast Guard expects several hundred spectator crafts to attend 
the parade of sail and tall ship celebration. The proposed regulations 
would create temporary anchorage regulations and vessel movement 
controls through the regulated area. The proposed regulations would be 
in effect from 9 a.m. until 7 p.m. on July 16, 2003. Vessel congestion, 
due to the anticipated large number of participating and spectator 
vessels, introduces extra or unusual hazards during this event 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.
    The Coast Guard proposes to establish a regulated area in the 
Maumee River that will be in effect during the Toledo Parade of Sail 
2003 event. This proposed regulated area is needed to permit 
unrestricted law enforcement vessel access to support facilities. 
Additionally, the regulated areas will protect the maritime public and 
participating vessels from possible hazards to navigation associated 
with the dense vessel traffic.
    The regulated area would cover all portions of the Maumee River 
upriver of a line drawn between north-east corner of Grassy Island at 
41[deg]42'24''N, 083[deg]26'48''W and the south-west corner of Spoil 
area at 41[deg]42'17''N, 083[deg]26'38''W to the downriver side of the 
Anthony Wayne Bridge. All coordinates are based upon North American 
Datum 1983 (NAD 83). This temporary regulated area would be in effect 
from 9 a.m. until 7 p.m. on July 16, 2003.
    On July 16, 2003, following the Parade of Sail, restrictions on 
vessels on the Maumee River will reopen in sequence with the movement 
and mooring of the final flotilla of tall ships. After the final 
flotilla of tall ships have passed the Martin Luther King, Jr. Bridge, 
vessel operators anchored in spectator anchorages north of the Martin 
Luther King Bridge may depart for locations outside of the Maumee 
River. After the final flotilla of tall ships has safely moored, vessel 
operators may transit the Maumee River. Vessels transiting the Maumee 
River must proceed as directed by on-scene Coast Guard personnel.
    The Coast Guard proposes to establish spectator anchorage areas for 
spectator craft. All other vessels except those viewing the Parade of 
Sail Toledo 2003 are restricted from using these spectator anchorages. 
These spectator anchorage areas will be in effect on July 16, 2003.
    To ensure the safety of the participating vessels during the 
parade, there will be two prolonged bridge openings on July 16, 2003. 
The CSX railroad bridge at mile 1.07, the Norfolk & Southern railroad 
bridge at mile 1.80, the Craig Memorial bridge at mile 3.30, and the 
Martin Luther King Memorial (a.k.a. Cherry Street) bridge at mile 4.30 
will remain open to navigation from 12 p.m. until 1:30 p.m. and then 
from 2 p.m. until 3:30 p.m. Having two prolonged openings will 
accommodate participating vessels while at the same time allowing for 
both vehicular and pedestrian traffic the opportunity to cross the 
bridges during the parade.

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.
    While this proposed regulation imposes traffic restrictions in 
portions of the Maumee River during the events, the effect of this 
regulation will not be significant for the following reasons: The 
regulated areas, spectator anchorages, will be limited in duration; and 
extensive advance notice will be made to the maritime community via 
Local Notice to Mariners, facsimile, marine safety information 
broadcasts, local Port Operators Group meetings, the Internet, and 
Toledo area newspapers and media. The advance notice will permit 
mariners to adjust their plans accordingly. Additionally, these 
regulated areas are tailored to impose the least impact on maritime 
interests without compromising safety.

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.
    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.
    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 portions of Maumee River during 
various times on July 16, 2003. These regulations would not have a 
significant economic impact on a substantial number of small entities 
because the Coast Guard will notify the public via mailings, 
facsimiles, Local

[[Page 27500]]

Notice to Mariners, marine safety information broadcasts, local Port 
Operators Group meetings, the media, the Internet, and Toledo area 
newspapers. In addition, the sponsoring organization, Huntington Toledo 
Tall Ships 2003, plans to announce event information in local 
newspapers, pamphlets, and television and radio broadcasts. This 
advance notice will permit mariners to adjust their plans accordingly. 
Although these regulations would apply to a substantial portion of the 
Port of Toledo, areas for viewing the Parade of Sail, are being 
established to maximize the use of the waterways by commercial vessels 
that usually operate in the affected areas.
    If you think that your businesses, organization, or governmental 
jurisdiction qualifies as a small entity and believe that this rule 
would significantly impact them may submit a comment (see ADDRESSES) 
explaining why they think they qualify and how and to what degree this 
rule would economically affect them.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard aims 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 the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant Herb 
Oertli, MSO Toledo, at (419) 418-6040.

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 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 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 and 117 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236; Department of Homeland 
Security Delegation No. 0170.

    2. Add temporary Sec.  100.T09-208 to read as follows:


Sec.  100.TO9-208  Regulated area, Toledo Tall Ships Parade 2003, Port 
of Toledo, OH

    (a) Definitions.
    (1) Regulated Area. All waters of the Maumee River between a line 
drawn between north-east corner of Grassy Island at 41[deg]24'24'' N, 
083[deg]26'48'' W and the south-west corner of Spoil area at 
41[deg]42'17'' N, 083[deg]26'38'' W; to the downriver side of the 
Anthony Wayne Bridge at mile 4.30.
    (2) Spectator Vessel Anchorage Areas.
    (i) Area A. All waters of Maumee river south of Grassy Island, 
bounded by the following: Beginning at 41[deg]41.56' N, 083[deg]28.35' 
W; then south-east to 41[deg]41.52' N, 083[deg]28.29' W; then south-
west to 41[deg]41.18' N, 083[deg]28.73' W; then north-west to 
41[deg]41.23' N, 083[deg]28.8' W; then back to the beginning (NAD 83).
    (ii) Area B. All waters of Maumee River bounded by the following: 
Beginning at 41[deg]41.06' N, 083[deg]29.04' W; then south-east to 
41[deg]41.01' N, 083[deg]28.96' W; then south-west to 41[deg]40.61' N, 
083[deg]29.38' W; then north-west to 41[deg]40.661' N, 083[deg] 29.45' 
W; then back to the beginning (NAD 83).
    (iii) Area C. All waters of the Maumee River bounded by the 
following: Beginning at 41[deg]40.48' N, 083[deg]29.66' W;

[[Page 27501]]

then south-east to 41[deg]40.43' N, 083[deg]29.56' W; then south-west 
to 41[deg]40.18' N, 083[deg]29.89' W; then north-west to 41[deg]40.24' 
N, 083[deg]29.98' W; then back to the beginning (NAD 83).
    (iv) Area D. All waters of the Maumee River bounded by the 
following: Beginning at 41[deg]39.22' N, 083[deg]31.51' W; then south-
east to 41[deg]39.16' N, 083[deg]31.45' W; then south-west to 
41[deg]39.09' N, 083[deg]31.58' W then north-west to 41[deg]39.14' N, 
083[deg]31.63' W; then back to the of beginning (NAD 83).


    Note to paragraph (a)(2): Mariners are cautioned that these 
areas being established as spectator areas have not been subject to 
any special survey or inspection and that charts may not show all 
seabed obstructions or the shallowest depths. In addition, 
substantial currents may exist in these spectator areas and not all 
portions of these areas are over good holding ground. Mariners are 
advised to take appropriate precautions when using these spectator 
areas.


    (3) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Group Detroit.
    (b) Special Local Regulations. (1) Except for vessels officially 
participating in the Toledo Tall Ships Parade 2003, or those vessels in 
designated spectator areas, no person or vessel may enter or remain in 
the regulated area without the permission of the Coast Guard Patrol 
Commander.
    (2) Vessels in any spectator area shall proceed at no wake speeds 
not to exceed five miles per hour, unless otherwise authorized by the 
Captain of the Port.
    (3) Vessel operators shall comply with the instructions of on-scene 
Coast Guard patrol personnel.
    (4) After completion of the Parade of Sail on July 16, 2003, vessel 
operators within the Regulated Area are prohibited from passing 
outbound patrol vessels showing blue lights.
    (5) Anchorage Area D, in paragraph (b)(iv) of his section, is 
restricted for use the of those vessels officially participating in 
Parade of Sail Toledo 2000 activities. No other vessels will be 
permitted in Spectator Area D without permission of the Captain of the 
Port.
    (7) Vessels, except emergency, law enforcement, and those 
authorized by the Captain of the Port, may not transit through the 
regulated area.
    (8) Vessels must vacate all spectator areas after the termination 
of the effective period for this regulation.
    (9) Vessels must mark with an identifiable buoy any anchors which 
have been fouled on obstructions if such anchors cannot be freed or 
raised.
    (10) Vessels which would like to view the tall ship events 
occurring in Maumee Bay prior to the tall ships entering the Maumee 
River must use Spectator Area A.
    (11) Vessels are not to be left unattended in any spectator area at 
any time.
    (12) Vessels are prohibited from securing tying off to any buoy or 
any other vessel within any spectator area.
    (13) Vessels should maintain at least twenty (20) feet of clearance 
if maneuvering between anchored vessels.
    (14) Vessels are prohibited from blocking access to any designated 
emergency medical evacuation areas.
    (c) Effective period. This section is effective from 9 a.m. until 7 
p.m. on July 16, 2003.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    3. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Section 117.255 also 
issued under authority of Pub. L. 102-587, 106 Stat. 5039; 
Department of Homeland Security Delegation No. 0170.

    4. From 12 p.m. until 3:30 p.m., Wednesday, July 16, 2003, suspend 
Sec.  117.855, and add temporary Sec.  117.T856 to read as follows:


Sec.  117.T856  Maumee River.

    (a) The draws of the CSX Transportation railroad bridge, mile 1.07, 
Norfolk Southern railroad bridge, mile 1.80, Craig Memorial highway 
bridge, mile 3.30, and the Martin Luther King Memorial Bridge (a.k.a. 
Cherry Street Highway Bridge), mile 4.30, will remain open to 
navigation from 12 p.m. until 1:30 p.m. and from 2 p.m. until 3:30 p.m.
    (b) The draw of the Norfolk Southern railroad bridge, mile 5.76, 
shall open on signal.

    Dated: May 6, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-12492 Filed 5-19-03; 8:45 am]
BILLING CODE 4910-15-P