[Federal Register Volume 68, Number 137 (Thursday, July 17, 2003)]
[Rules and Regulations]
[Pages 42282-42285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17985]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 117, and 165

[CGD09-03-208]
RIN 1625-AA08
RIN 1625-AA09
RIN 1625-AA00


Toledo Tall Ships Parade, July 16, 2003, Port of Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations, including an exclusionary area and spectator anchorage 
areas, a regulated navigation area, 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: This rule is effective from 9 a.m. on July 16, 2003 through 5 
p.m. on July 20, 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 CGD09-03-208 and are available for inspection of 
copying at U.S. Coast Guard Marine Safety Office (MSO) Toledo, 420 
Madison Ave, Suite 700, Toledo, Ohio 43604 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:

Regulatory Information

    On May 20, 2003, we published a notice of proposed rule making 
(NPRM) entitled Toledo Tall Ships Parade 2003, Port of Toledo, OH in 
the Federal Register (68 FR 27498). We did not receive any letters 
commenting on the proposed rule. No public hearing was requested, and 
none was held.
    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. Delaying the effective date of 
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. The Coast 
Guard has not received any complaints or negative comments with regard 
to this event.

Background and Purpose

    These temporary special local regulations are for the Toledo 2003 
Tall Ships Parade of Sail that will be held in the Maumee River from 9 
a.m. through 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 regulations will 
create temporary anchorage regulations and vessel movement controls 
through the regulated area. The regulations will be in effect from 9 
a.m. through 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 pose a 
significant threat to the safety of life. This rulemaking is necessary 
to ensure the safety of life on the navigable waters of the United 
States.
    The Coast Guard is establishing regulated areas in the Maumee River 
that will be in effect during the Toledo Parade of Sail 2003 event. 
These regulated areas are 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 will 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. through 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 is establishing 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 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 from 12 p.m. until 1:30 p.m. and then from 2 p.m. until 
3:30 p.m. Having two prolonged openings

[[Page 42283]]

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.

Discussion of Comments and Changes

    No comments were received and no changes were made to this rule.

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 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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    While this rule 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 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 rule will not 
have a significant economic impact on a substantial number of small 
entities.
    This rule will 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 will 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 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 will 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 (Public Law 104-121), the Coast Guard aims 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 will 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 rule calls 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 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 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

[[Page 42284]]

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 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.

33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR parts 100, 117, and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
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. 0170.1.


0
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) Coast Guard Patrol Commander. The Coast Guard 
Patrol Commander is a commissioned, warrant, or petty officer who has 
been designated by the Commander, U.S. Coast Guard Group Detroit.
    (2) Regulated Area. All waters of the Maumee River between 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 at mile 4.30 (NAD 83).

    Note to paragraph (a)(2) of this section: 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 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) 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; 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).
    (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 (a)(3)(iv) of this section, is 
restricted for the use of those vessels officially participating in 
Parade of Sail Toledo 2003 activities. No other vessels will be 
permitted in Spectator Area D without permission of the Captain of the 
Port.
    (6) Vessels, except emergency, law enforcement, and those 
authorized by the Captain of the Port, may not transit through the 
Regulated Area.
    (7) Vessels must vacate all spectator areas after the termination 
of the effective period for this regulation.
    (8) Vessels must mark with an identifiable buoy any anchors, which 
have been fouled on obstructions if such anchors cannot be freed or 
raised.
    (9) Vessels that 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.
    (10) Vessels are not to be left unattended in any spectator area at 
any time.
    (11) Vessels are prohibited from securing to or tying off to any 
buoy or any other vessel within any spectator area.
    (12) Vessels should maintain at least twenty (20) feet of clearance 
if maneuvering between anchored vessels.
    (13) Vessels are prohibited from blocking access to any designated 
emergency medical evacuation areas.
    (c) Effective period. This rule is effective from 9 a.m. July 16, 
2003 until 5 p.m. on July 20. This section will be enforced from 9 a.m. 
until 7 p.m. on July 16, 2003.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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. 0170.1.

0
4. From 12 p.m. until 3:30 p.m., Wednesday, July 16, 2003, suspend 
Sec.  117.855, and add temporary Sec.  117.856 to read as follows:


Sec.  117.856  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 open from 12 p.m. until 
1:30 p.m. and then again 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.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
5. 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
6. Add temporary Sec.  165.T09-208 to read as follows:

[[Page 42285]]

Sec.  165.T09-208  Regulated Navigation Area; Toledo Tall Ships 2003, 
Toledo, Ohio.

    (a) Regulated navigation area. (1) Location. All waters of Maumee 
River between the downriver side of the Anthony Wayne Memorial Bridge 
(mile 5.16) and the upriver side of the Martin Luther King Jr. Bridge 
(a.k.a Cherry Street Bridge)(mile 4.3).
    (2) Enforcement period. This rule is effective from 9 a.m. on July 
16, 2003 until 5 p.m. on July 20, 2003. This section will be enforced 
from 5 p.m. on July 16, 2003 until 5 p.m. on July 20, 2003.
    (b) Special regulations. Vessels within the RNA shall not exceed 5 
miles per hour or shall proceed at no-wake speed, which ever 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.

    Dated: July 7, 2003.
Ronald F. Silva,
Rear Admiral, Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 03-17985 Filed 7-16-03; 8:45 am]
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