[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Rules and Regulations]
[Pages 38528-38530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10650]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-032]
RIN 1625-AA00


Safety and Security Zones; Tall Ships Celebration 2006, Great 
Lakes, Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI, 
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing safety and security zones 
around Tall Ships visiting the Great Lakes during Tall Ships 
Celebration 2006. These safety and security zones will provide for the 
regulation of vessel traffic in the vicinity of Tall Ships in the 
navigable waters of the United States. The Coast Guard is taking this 
action to safeguard participants and spectators from the safety hazards 
associated with the limited maneuverability of these tall ships and to 
ensure public safety during Tall Ships events.

DATES: This rule is effective from 12:01 a.m. (local) July 11, 2006 
through 12:01 a.m. (local) August 10, 2006.

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 [CGD09-06-032] and are available for inspection or 
copying at the Ninth Coast Guard District, Cleveland, OH between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CDR K. Phillips, Waterways Planning 
and Development Section, Prevention Department Ninth Coast Guard 
District, Cleveland, OH at (216) 902-6045.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 2, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety and Security Zones; Tall Ships Celebration 
2006, Great Lakes, Cleveland, Ohio, Bay City, Michigan, Green Bay, 
Wisconsin, Sturgeon Bay, Wisconsin, Chicago, Illinois,'' in the Federal 
Register (71 FR 31999). We did not receive any letters commenting on 
the proposed rule. No public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register. Specifically, this rule must be made effective 
less than 30 days after publication because the Tall Ships Celebration 
will commence on July 10, 2006. In order to ensure the safety of 
participants and spectators this rule must be effective when the Tall 
Ships Celebrations commences.

Background and Purpose

    During the Tall Ships Celebration 2006, Tall Ships will be 
participating in parades and then mooring in the harbors of Cleveland, 
OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI, and Chicago, IL. 
Safety and security zones will be established around Tall Ships 
participating in these events on 12:01 a.m. (local time) July 10, 2006 
and terminate on 12:01 a.m. (local time) August 23, 2006.
    These safety and security zones are necessary to protect the public 
from the hazards associated with limited maneuverability of tall 
sailing ships and to protect the Tall Ships from potential harm. Due to 
the high profile nature and extensive publicity associated with this 
event, each Captain of the Port (COTP) expects a large number of 
spectators in confined areas adjacent to and on Lake Erie, Saginaw Bay, 
Lake Huron, Green Bay and Lake Michigan. Therefore, the Coast Guard is 
implementing a safety and security zone around each ship to ensure the 
safety of both participants and spectators in these areas. The 
combination of large numbers of recreational boaters, congested 
waterways, boaters crossing commercially transited waterways and

[[Page 38529]]

low maneuverability of the Tall Ships could easily result in serious 
injuries or fatalities.

Discussion of Comments and Changes

    No comments were received regarding this rulemaking and no changes 
have been made to the rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and 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 it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    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.
    This determination is based upon the size and location of the 
safety and security zones and the minimal time and limited area from 
which vessels will be restricted. Vessels may transit through the 
safety zone with permission from the official on-scene patrol.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 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 a portion of the safety and security zones.
    These safety and security zones will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: The zones are relatively small and vessels may 
transit through the safety zone with permission from the official on-
scene patrol.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will 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), 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 
will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact CDR K. Phillips, Waterways 
Planning and Development Section, Ninth Coast Guard District, 
Cleveland, OH at (216) 902-6045. The Coast Guard will not retaliate 
against small entities that question or complain about this rule or any 
policy or action of the Coast Guard.

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 will 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 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 would not create an 
environmental risk to health or risk to safety that might 
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. We invite your 
comments on how this rule might impact tribal governments, even if that 
impact may not constitute a ``tribal implication'' under the Order.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management

[[Page 38530]]

systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a determination that there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. Therefore, we believe that this rule is categorically 
excluded, under figure 2-1, paragraph (34) (g), of the Instruction, 
from further environmental documentation.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
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 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
2. A new temporary Sec.  165.T09-032 is added to read as follows:


Sec.  165.T09-032  Safety and Security Zone; Huntington Cleveland 
Harbor Fest, Tall Ship Festival, Green Bay, Wisconsin, Sturgeon Bay, 
Wisconsin, Tall Ships Chicago 2006, Tall Ship Celebration, Saginaw 
River, Bay City, MI.

    (a) Definitions. The following definitions apply to this section:
    Navigation Rules means the Navigation Rules, International and 
Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.).
    Official Patrol means those persons designated by Captain of the 
Port Buffalo, Detroit, Sault Ste. Marie and Lake Michigan to monitor a 
Tall Ship safety and security zone, permit entry into the zone, give 
legally enforceable orders to persons or vessels within the zone and 
take other actions authorized by the cognizant Captain of the Port. 
Persons authorized in paragraph (i) to enforce this section are 
designated as the Official Patrol.
    Public Vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    Tall Ship means any sailing vessel participating in the 2006 Tall 
Ships Challenge in the Great Lakes. The following vessels are 
participating in the 2006 Tall Ships Challenge: Sailing Vessel (S/V) 
Appledore IV, S/V Denis Sullivan, S/V Appledore V, S/V Friends Good 
Will, S/V Highlander Sea, S/V Niagara, S/V Madeline, S/V Nina, S/V 
Picton Castle, S/V Pathfinder, S/V Playfiar, S/V Providence, S/V Pride 
of Baltimore, S/V St. Lawrence II, S/V Red Witch, S/V Royaliste, S/V 
Windy, S/V Unicorn, and S/V Windy II.
    (b) Safety and Security zone. The following areas are safety and 
security zones: all navigable waters of United States located in the 
Ninth Coast Guard District within a 100 yard radius of any Tall Ship 
sailing vessel.
    (c) Effective Period. This section is effective from 12:01 a.m. 
(local) on Wednesday July 11, 2006 through 12:01 a.m. (local) on August 
10, 2006.
    (d) Regulations. When within a Tall Ship safety and security zone 
all vessels must operate at the minimum speed necessary to maintain a 
safe course and must proceed as directed by the on-scene official 
patrol. No vessel or person is allowed within 25 yards of a Tall Ship 
that is underway, at anchor, or moored, unless authorized by the 
cognizant Captain of the Port, his designated representative, or on-
scene official patrol.
    (e) Navigation Rules. The Navigation Rules shall apply at all times 
within a Tall Ship's security and safety zone.
    (f) To request authorization to operate within 25 yards of a large 
passenger vessel that is underway or at anchor, contact the on-scene 
official patrol on VHF-FM channel 16.
    (g) When conditions permit, the on-scene official patrol should:
    (1) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 25 yards of a 
Tall Ship in order to ensure a safe passage in accordance with the 
Navigation Rules; and
    (2) Permit vessels that must transit via a navigable channel or 
waterway to pass within 25 yards of a Tall Ship that is anchored or 
moored with minimal delay consistent with safety and security.
    (h) When a Tall Ship approaches within 25 yards of any vessel that 
is moored or anchored, the stationary vessel must stay moored or 
anchored while it remains within the Tall Ship's safety and security 
zone unless it is either ordered by, or given permission by Captain of 
the Port Buffalo, Detroit, Sault Ste. Marie or Lake Michigan, his 
designated representative, or the on-scene official patrol to do 
otherwise.
    (i) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section.
    (j) Exemption. Public vessels as defined in paragraph (a) of this 
section are exempt from complying with paragraphs (b), (d), (f), (g), 
and (h) of this section.
    (k) Waiver. Captain of the Port Buffalo, Detroit, Sault Ste. Marie 
and Lake Michigan, may, within their respective Captain of the Port 
zones, waive any of the requirements of this section for any vessel or 
class of vessels upon finding that a vessel or class of vessels, 
operational conditions or other circumstances are such that application 
of this section is unnecessary or impractical for the purpose of port 
security, safety or environmental safety.

    Dated: June 28, 2006.
J.R. Castillo,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard 
District.
[FR Doc. E6-10650 Filed 7-6-06; 8:45 am]
BILLING CODE 4910-15-P