[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Rules and Regulations]
[Pages 41920-41922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17988]



[[Page 41920]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 117 and 165

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


Bay City Tall Ship Celebration, Saginaw River, August 14-18, 2003

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones and 
drawbridge suspension regulations during the Bay City Tall Ship 
Celebration to be held from August 14, 2003 through August 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: This rule is effective from August 14, 2003 through August 18, 
2003.

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 CGD09-03-204 and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Detroit, 110 Mt. 
Elliott Ave., Detroit, Michigan between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Brandon 
Sullivan, Marine Safety Office Detroit, at (313) 568-9558.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On March 24, 2003, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Bay City Tall Ship Celebration 2003, Saginaw 
River, MI in the Federal Register (68 FR 14170). The Coast Guard did 
not receive any letters commenting on the proposed rulemaking. No 
public hearing was requested, and none was held.

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 
establishing a temporary moving safety zone around the parade vessels 
during the parade to ensure the safety of passengers, crew and 
visitors. A second temporary safety zone will 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. 
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 regulations provide guidance on vessel movement controls 
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.

Discussion of Comments and Changes

    On March 24, 2003, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Bay City Tall Ship Celebration 2003, Saginaw 
River, MI, (68 FR 14170). The Coast Guard did not receive any letters 
commenting on the proposed rulemaking. No public hearing was requested, 
and none was held.

Regulatory Evaluation

    This 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 temporary final rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    The temporary moving safety zone will only be during a six hour 
time period on August 14, 2003. The additional 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 regulations will allow 
the industry sufficient time to 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 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 rule 
would 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 (Pub. L. 104-221), we want to assist small 
entities in understanding this 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).

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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

    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 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 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 will 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.

Civil Justice Reform

    This 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 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, 
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 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 rule 
and concluded that, under figure 2-1, paragraphs 34 (f, g, and h) of 
Commandant Instruction M16475.1C, this 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 
recordkeeping requirements, Security measures, Waterways.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. 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. 0170.1.

0
2. From 8 a.m. through 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:


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 from 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 from 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

0
For the reasons discussed in the preamble, the Coast Guard proposes to 
amend 33 CFR part 165 as follows:
0
3. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
4. From 1 p.m. on August 14, 2003 through 9 p.m. on August 18, 2003 add 
temporary Sec.  165.T09-204 to read as follows:


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

    (a) 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 feet of any participating moored Tall Ships.
    (ii) Enforcement period. The safety zone will be enforced whenever 
a tall

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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 shore-side 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 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 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)(These coordinates are based upon North American Datum 
1983).
    (ii) Enforcement period. This section will be enforced from 1 p.m. 
on Thursday, August 14, 2003 until 9 p.m. on Thursday, August 14, 2003, 
or the time each participating Tall Ship is safely moored in Bay City, 
whichever is sooner.
    (b) 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.

    Dated: June 7, 2003.
Ronald F. Silva,
Rear Admiral, Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-17988 Filed 7-15-03; 8:45 am]
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