[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Rules and Regulations]
[Pages 33506-33509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14146]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0073]
RIN 1625-AA87


Safety and Security Zones; Tall Ships Challenge 2010, Great 
Lakes, Cleveland, OH, Bay City, MI, Duluth, MN, Green Bay, WI, Sturgeon 
Bay, WI, Chicago, IL, Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety and security 
zones around each tall ship visiting the Great Lakes during the Tall 
Ships Challenge 2010 race series. These safety and security zones will 
restrict vessel traffic in the vicinity of each tall ship in the 
navigable waters of the United States. The Coast Guard is taking this 
action to safeguard participants and spectators from the 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. on June 23, 2010 until 
12:01 a.m. on September 13, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0073 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0073 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail LT Yamaris Barril, Inspections, 
Prevention Department, Ninth Coast Guard District, Cleveland, OH, 
telephone (216) 902-6343, e-mail [email protected]. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 12, 2010, the Coast Guard published a notice of proposed 
rule making (NPRM) entitled Safety and Security Zones; Tall Ships 
Challenge

[[Page 33507]]

2010, Great Lakes, Cleveland, OH, Bay City, MI, Duluth, MN, Green Bay, 
WI, Sturgeon Bay, WI, Chicago, IL, Erie, PA in the Federal Register (75 
FR 18451). The Coast Guard received 0 public submissions 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 that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying this rule would be 
contrary to the public interest of ensuring the safety of spectators 
and vessels during this operation and immediate action is necessary to 
prevent possible loss of life or property from the dangers that are 
associated with Tall Ship operations.

Basis and Purpose

    During the Tall Ships Challenge 2010, tall ships will be 
participating in parades and then mooring in the harbors of Cleveland, 
OH; Bay City, MI; Duluth, MN; Green Bay, WI; Sturgeon Bay, WI; Chicago, 
IL; and Erie, PA. At 12:01 a.m. on June 23, 2010, a safety and security 
zone will be established around each tall ship participating in these 
events. These safety and security zones will move with the tall ships 
as they travel throughout the Great Lakes. The safety and security 
zones will terminate at 12:01 a.m. on September 13, 2010.
    These temporary safety and security zones are necessary to protect 
the tall ships from potential harm and to protect the public from the 
hazards associated with the limited maneuverability of these sailing 
ships. 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, Duluth Harbor, Lake Superior, Green Bay, 
Sturgeon Bay, and Lake Michigan. The combination of large numbers of 
recreational boaters, congested waterways, boaters crossing 
commercially transited waterways and limited maneuverability of the 
tall ships could easily result in serious injuries or fatalities. 
Therefore, the Coast Guard will enforce a safety and security zone 
around each ship to ensure the safety of both participants and 
spectators in these areas.

Discussion of Comments and Changes

    The Coast Guard received 0 public submissions commenting on this 
rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. We conclude that this proposed rule is 
not a significant regulatory action because we anticipate that it will 
have minimal impact on the economy, will not interfere with other 
agencies, will not adversely alter the budget of any grant or loan 
recipients, and will not raise any novel legal or policy issues. This 
determination is based on the following: The safety and security zone 
around each tall ship will be relatively small. Because the safety and 
security zones will move with the tall ships course through the Great 
Lakes, the zones will exist for only a minimal time in any one 
particular geographical area. Thus, the restrictions on vessel movement 
within any particular geographical area of the Great Lakes is expected 
to be minimal. Under certain conditions, moreover, vessels may still 
transit through a safety and security zone when permitted by the 
Captain of the Port.
    The Coast Guard received 0 public submissions commenting on the 
proposed rule. There have been no changes made to the rule as proposed.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses and 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This 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 an area of water 
in which a participating tall ship is transiting, anchored, or moored 
between 12:01 a.m. on June 23, 2010 and 12:01 a.m. on September 13, 
2010. Each zone will be relatively small, and vessels may still transit 
through a zone with permission from the official on-scene patrol.
    The Coast Guard received 0 public submissions commenting on the 
impact to small entities by this rule. There have been no changes made 
to the rule as proposed.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.

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. The Coast Guard received 0 public submissions commenting on 
the proposed rule.

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. The 
Coast Guard received 0 public submissions commenting on the proposed 
rule. There have been no changes made to the rule as proposed.

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. The Coast Guard received 0 public submissions commenting on the 
proposed rule. There have been no changes made to the rule as proposed.

[[Page 33508]]

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. The Coast Guard received 0 
public submissions commenting on the proposed rule. There have been no 
changes made to the rule as proposed.

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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children. The Coast Guard received 0 public 
submissions commenting on the proposed rule. There have been no changes 
made to the rule as proposed.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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. The Coast Guard 
received 0 public submissions commenting on the proposed rule. There 
have been no changes made to the rule as proposed.

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. The Coast Guard received 0 public 
submissions commenting on the proposed rule. There have been no changes 
made to the rule as proposed.

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 
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. The Coast Guard 
received 0 public submissions commenting on the proposed rule. There 
have been no changes made to the rule as proposed.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 023-
01, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g) of the Instruction. An environmental analysis 
checklist and a 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. Add Sec.  165.T09-0073 to read as follows:


Sec.  165.T09-0073  Safety and Security Zones; Tall Ships Challenge 
2010; Great Lakes; Cleveland, OH; Bay City, MI; Duluth, MN; Green Bay, 
WI; Sturgeon Bay, WI; Chicago, IL; Erie, PA.

    (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, Duluth 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.
    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 Tall Ships 
Challenge 2010 in the Great Lakes. This includes, but is not limited 
to, the following: Sailing Vessel (S/V) AMISTAD, S/V APPLEDORE IV, S/V 
APPLEDORE V, HMS BOUNTY, S/V DENIS SULLIVAN, S/V EUROPA, S/V FAZISI, S/
V FRIENDS OF GOOD WILL, S/V INLAND SEAS, S/V LAREVENANTE, S/V LYNX, S/V 
MADELINE, S/V FLAGSHIP NIAGARA, S/V PATHFINDER, S/V PLAYFAIR, S/V PRIDE 
OF BALTIMORE II, S/V ROALD AMUNDSEN, S/V RED WITCH, S/V ROTALISTE, S/V 
ROSEWAY, S/V UNICORN, S/V WELCOME, and S/V WINDY.
    (b) Location. The following area is a safety and security zone: all 
navigable waters of the United States located in the Ninth Coast Guard 
District within a 100 yard radius of any Tall Ship.
    (c) Regulations. (1) Entry into a safety and security zone 
described in paragraph (b) of this section is prohibited unless 
authorized by the cognizant Coast Guard Captain of the Port or the 
Official Patrol.
    (2) Vessels may request permission to enter into a safety and 
security zone described in paragraph (b) of this section by contacting 
the Official Patrol on VHF channel 16.
    (3) Any vessel operating within a safety and security zone 
established by this section must operate at the minimum speed necessary 
to maintain a safe course and must proceed as directed by the Captain 
of the Port or the on-scene Official Patrol. Any vessel or person 
allowed to enter a safety and security zone established by this section 
must still remain at least 25 yards from any Tall Ship, unless 
authorized to

[[Page 33509]]

come within such a distance pursuant to paragraph (c)(4) of this 
section or permitted to come within such a distance by the cognizant 
Captain of the Port, his or her designated representative, or the on-
scene Official Patrol.
    (4) Vessels are permitted to transit through the safety and 
security zone in waterways that do not provide adequate navigable 
waters greater than 100 yards from the Tall Ships. Vessels transiting 
such areas must operate at the minimum speed necessary to maintain a 
safe course while also maintaining the greatest possible distance away 
from the Tall Ships.
    (d) Effective period. This rule is effective from 12:01 a.m. on 
Wednesday, June 23, 2010 through 12:01 a.m. on Monday September 13, 
2010.
    (e) Navigation Rules. The Navigation Rules must apply at all times 
within a Tall Ships safety and security zone.
    (f) 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 ordered by or given permission from the cognizant Captain 
of the Port, his or her designated representative, or the on-scene 
official patrol to do otherwise.

    Dated: May 21, 2010.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2010-14146 Filed 6-11-10; 8:45 am]
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