[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Proposed Rules]
[Pages 27501-27503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12494]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110 and 165

[CGD09-03-207]
RIN 1625-AA00
RIN 1625-AA01


Tall Ships 2003, Navy Pier, Lake Michigan, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary regulated 
navigation area (RNA), a moving safety zone and temporarily suspend two 
anchorage areas encompassed by the RNA for the 2003 Tall Ships 
Challenge. These regulations are necessary to control vessel traffic in 
the immediate vicinity for the protection of both participant and 
spectator vessels during the 2003 Tall Ships Challenge and Parade of 
Ships. These regulations are intended to restrict vessel traffic in a 
portion of Lake Michigan in the vicinity of Chicago Harbor for the 
duration of the event.

DATES: Comments and related material must reach the Coast Guard on or 
before June 10, 2003.

ADDRESSES: You may mail or hand-deliver comments and related material 
to Commanding Officer, U.S. Coast Guard Marine Safety Office Chicago, 
215 W. 83rd Street Suite D, Burr Ridge, IL 60527. Marine Safety Office 
(MSO) Chicago maintains the public docket for this rulemaking. Comments 
and material received from the public, as well as the 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 at MSO Chicago between 8 a.m. and 4 p.m. Monday through Friday, 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: MST2 Kenneth Brockhouse, MSO Chicago, 
at (630) 986-2155.

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-
207), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Comments and 
attachments

[[Page 27502]]

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

    During the Chicago Tall Ships event, tall ships will be 
participating in a Tall Ships Parade and then mooring in Chicago harbor 
and in the Chicago River. A Regulated Navigation Area (RNA) would be 
established that encompasses portions of both of the Chicago Harbor as 
well as the Chicago River to protect those boarding the tall ships as 
well as spectator vessels from vessels transiting at excessive speeds 
creating large wakes, and also to prevent obstructed waterways. The RNA 
would be established on July 30, 2003 and terminate on August 3, 2003 
after all the tall ships have departed the area.
    A moving safety zone would be established around those vessels 
officially participating in the Tall Ships Parade of Ships. The Parade 
of Ships is the start of the Tall Ships 2003 in Chicago, Illinois and a 
large number of spectator vessels are expected. The parade will include 
approximately 20 to 30 tall ships and will take place starting on the 
morning of July 30, 2003 until the evening of July 30, 2003.

Discussion of Proposed Rule

    The Coast Guard is proposing to establish an RNA starting at the 
Southeast Guide Wall light at 41[deg]53'17.76'' N, 87[deg]36'09.110'' 
W; then south south-easterly to 41[deg]52'48'' N, 087[deg]36'08'' W; 
then east to the southern most end of the outer Chicago Harbor break 
wall at 41[deg]52'48'' N, 087[deg]35'26'' W; then north following the 
outer Chicago Harbor break wall to 41[deg]54'11'' N, 087[deg]36'29'' W; 
then southwest to the north-eastern tip of the Central District 
Filtration Plant; then to the southeastern tip of the Central 
Filtration Plant; then to the north-east corner of the Navy Pier; then 
following the shoreline and/or seawall, including up the Chicago River 
to the eastern side of the Michigan Avenue bridge, back to the point of 
origin (NAD 83).
    Within the RNA, no vessel shall exceed 5 mph nor produce a wake. No 
vessel in the RNA shall pass within 20 feet of a moored tall ship. Any 
vessel within the RNA must adhere to the direction of the Captain of 
the Port or his on scene representative which will be the Patrol 
Commander.
    On July 30, 2003, from 10 a.m. until approximately 8 p.m. the 
Parade of Sail is scheduled to take place. A moving safety zone would 
be established around all tall ships participating in the parade. The 
safety zone would extend 100 yards in all directions of each vessel 
officially participating in the parade. The safety zone will be in 
effect as tall ships pass the mustering point at 42[deg]03'24'' N, 
087[deg]38'20.4'' W heading south towards Chicago Harbor (NAD 83).

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 on Regulatory Planning and Review 
and therefore 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 non-
significant under Department of Homeland Security regulatory policies 
and procedures. We expect the economic impact of this proposed rule to 
be so minimal that a full Regulatory Evaluation under paragraph 10(e) 
of the regulatory policies and procedures of DHS is unnecessary. This 
finding is based on the minimal time that vessels will be restricted 
from the zone.

Small Entities

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-
612) has determined that this rule will not 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 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 an 
activated safety zone. The safety zone and suspended anchorage area 
would not have a significant economic impact on a substantial number of 
small entities for the following reasons. Vessel traffic can safely 
pass outside the proposed safety zone during the event. Traffic would 
be allowed to pass through the safety zone only with the permission of 
the Captain of the Port or his on scene representative which will be 
the Patrol Commander. In addition, before the effective period, the 
Coast Guard would issue maritime advisories widely available to users 
who might be in the affected area.
    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), the Coast Guard wants 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 MSO Chicago (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's 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

[[Page 27503]]

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 has considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph 32(g) 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 for 
inspection or copying where indicated under ADDRESSES.

List of Subjects

33 CFR Part 110

    Anchorage grounds.

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 proposes 
to amend 33 CFR parts 110 and 165 as follows:

PART 110--ANCHORAGE REGULATIONS

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

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
33 CFR 1.05-1(g), and Department of Homeland Security No. 0170.


Sec.  110.205  Suspended

    2. From 10:30 a.m. (local time) on July 30, 2003, until 8 p.m. 
(local time) on August 3, 2003, Sec.  110.205(a)(1) and (a)(2) are 
temporarily suspended.

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; Department of Homeland Security Delegation 
No. 0170.

    4. From 10 a.m. on Wednesday, July 30, 2003 through 5 p.m. on 
Sunday, August 3, 2003, add Sec.  165.T09-207 to read as follows:


Sec.  165.T09-207  Tall Ships 2003, Navy Pier, Lake Michigan, Chicago, 
IL.

    (a) Regulated navigation area.
    (1) Location. The following is a regulated navigation area (RNA): 
starting at the Southeast Guide Wall light at 41[deg]53'17.76'' N, 
87[deg]36'09.110'' W; then south south-easterly to 41[deg]52'48'' N, 
087[deg]36'08'' W; then east to the southern most end of the outer 
Chicago Harbor break wall at 41[deg]52'48'' N, 087[deg]35'26'' W; then 
north following the outer Chicago Harbor break wall to 41[deg]54'11'' 
N, 087[deg]36'29'' W; then southwest to the north-eastern tip of the 
Central District Filtration Plant; then to the southeastern tip of the 
Central Filtration Plant; then to the north-east corner of the Navy 
Pier; then following the shoreline and/or seawall, including up the 
Chicago River to the eastern side of the Michigan Avenue bridge, back 
to the point of origin (NAD 83).
    (2) Enforcement period. The section will be enforced from 8 p.m. on 
Wednesday, July 30, 2003 until 5 p.m. on Sunday, August 3, 2003.
    (3) Special regulations. Vessels within the RNA shall not exceed 5 
miles per hour or shall proceed at no-wake speed, whichever is slower. 
Vessels within the RNA shall not pass within 20 feet of a moored tall 
ship. Vessels within the RNA must adhere to the direction of the Patrol 
Commander or other official patrol craft.
    (b) Safety zone.--(1) Location. The following is a moving safety 
zone: All navigable waters 100 yards ahead of the first official parade 
vessel, 50 yards abeam of each parade vessel, and 50 yards astern of 
the last vessel in the parade between the muster point at 
42[deg]03'24'' N, 087[deg]38'20.4'' W until each official parade vessel 
is moored (NAD 83).
    (2) Enforcement period. This section will be enforced from 10 a.m. 
until 8 p.m., or until the last tall ship is moored, on Wednesday, July 
30, 2003.
    (c) Regulations.--(1) 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.
    (2) In cases where shipping is affected by this section, commercial 
vessels may request permission from the Captain of the Port, Chicago to 
transit the safety zone. Approval in such cases will be case-by-case. 
Requests must be made in advance and approved by the Captain of the 
Port or his designated on-scene representative. The Captain of the 
Port, Chicago or his designated on-scene representative may be 
contacted on Channel 16, VHF-FM.

    Dated: May 6, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-12494 Filed 5-19-03; 8:45 am]
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