[Federal Register Volume 68, Number 137 (Thursday, July 17, 2003)]
[Rules and Regulations]
[Pages 42285-42287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18117]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110 and 165

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


Tall Ships 2003, Navy Pier, Chicago, IL, July 30-August 4, 2003

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area (RNA), a moving safety zone and temporarily suspending 
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: This rule is effective from 10 a.m. on July 30, 2003 through 5 
p.m. August 3, 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 CGD09-03-207 and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd 
Street, Suite D, Burr Ridge, IL 60527, 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:

Regulatory Information

    On May 20, 2003, we published a notice of proposed rule making 
(NPRM) entitled Tall Ships 2003, Navy Pier, Lake Michigan, Chicago, IL 
in the Federal Register (68 FR 27501). 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

    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) will be 
established that encompasses portions of both 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 
will 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 will 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 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 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 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 final 
rule would not have a significant economic impact on a substantial 
number of small entities. This final 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

[[Page 42286]]

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. 104-121), 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 final 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 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 final rule would not impose an unfunded mandate.

Taking of Private Property

    This final 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 final 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 final 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 has considered the environmental impact of this 
final 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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR parts 110 and 165 as follows:

PART 110--ANCHORAGE REGULATIONS

0
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]

0
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

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 70: 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. 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: 
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. This section is effective from 10 a.m. on 
Wednesday, July 30, 2003 through 5 p.m. on Sunday, August 3, 2003. 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, 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.
    (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

[[Page 42287]]

42[deg]03'24'' N, 087[deg]38'20.4'' W until each official parade vessel 
is moored (NAD 83).
    (2) Enforcement period. This rule is effective from 10 a.m. on 
Wednesday, July 30, 2003 through 5 p.m. on Sunday, August 3, 2003. 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) Most of the locations are outside of navigation channels and 
will not adversely affect shipping. In cases where shipping is 
affected, 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: July 7, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-18117 Filed 7-16-03; 8:45 am]
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