[Federal Register Volume 68, Number 147 (Thursday, July 31, 2003)]
[Rules and Regulations]
[Pages 44890-44892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19542]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-207]
RIN 1625-AA01


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 increasing the size of the Regulated 
Navigation Area (RNA) for the Chicago Tall Ships 2003 event at Navy 
Pier. 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. This change will expand the size of the RNA in order to improve 
the level of safety for both participant and spectator vessels during 
the 2003 Tall Ships Challenge and Parade of Ships and will also extend 
the effective date by one day.

DATES: This rule is effective from 8 p.m. on Wednesday, July 30, 2003 
until 5 p.m. on Monday, August 4, 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 July 17, 2003, we published a temporary final rule entitled Tall 
Ships 2003, Navy Pier, Chicago, IL, July 30-August 4, 2003 in the 
Federal Register (68 FR 42285). In that regulation, we suspended some 
anchorage regulations, established a moving safety zone, as well as a 
Regulated Navigation Area (RNA). However, in this rulemaking, the size 
of that RNA is being increased.
    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. The Coast Guard, along with planning officials for the 
Chicago Tall Ships 2003 from the State of Illinois and the City of 
Chicago, have decided that a larger RNA is necessary to ensure safety 
and protection during this event.
    For the same reasons, under 5 U.S.C.(b)(B) the Coast Guard finds 
that good cause exists for not publishing an NPRM.

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. While a moving safety zone is being 
established to ensure the safety of official participant vessels during 
the parade, an RNA is also being established that encompasses portions 
of both the Chicago Harbor as well as the Chicago River. This RNA is to 
ensure the safety of spectator vessels and official participant 
vessels, as well as those boarding the tall ships, 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 4, 2003 after all the tall ships have 
departed the area.

Discussion of Comments and Changes

    No comments were received regarding this rule. The following change 
is being made from the previous temporary rule: the regulated 
navigation area (RNA) is being expanded in order to improve the level 
of safety for both participant and spectator vessels during the 2003 
Tall Ships Challenge and Parade of Ships.

[[Page 44891]]

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 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 
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 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 rule would not impose an unfunded mandate.

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 does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that, under figure 2-1, paragraph 32(g) of 
Commandant Instruction M16475.1C, this 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 in 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 part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. 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.


Sec.  165.T09-207  [Amended]

0
2. In Sec.  165.T09-207 remove and reserve paragraph (a).

[[Page 44892]]

0
3. Add Sec.  165.T09-257 to read as follows:


Sec.  165.T09-257  Tall Ships 2003, Navy Pier, Lake Michigan, Chicago, 
IL.

    (a) Regulated navigation area; location. The following is a 
regulated navigation area: starting at the Alder Planetarium at 
41[deg]52'00'' N, 87[deg]36'22'' W; then east to 41[deg]52'00'' N, 
087[deg]35'26'' W; then north 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 and then northwest following the outer Chicago Harbor break wall 
to 41[deg]54'11'' N, 087[deg]36'29'' W; then southeast to the north-
east tip of the Central District Filtration Plant; then following the 
shoreline including up the Chicago River to the eastern side of the 
Michigan Avenue bridge back to the point of origin (NAD 83).
    (b) Effective period. This section is effective from 8 p.m. on 
Wednesday, July 30, 2003 until 5 p.m. on Monday, August 4, 2003.
    (c) 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.

    Dated: July 24, 2003.
Ronald F. Silva,
Rear Admiral, Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-19542 Filed 7-28-03; 4:08 pm]
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