[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Rules and Regulations]
[Pages 44014-44016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17797]



[[Page 44014]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0192]
RIN 1625-AA00


Safety Zones; Tall Ship Safety Zones; War of 1812 Bicentennial 
Commemoration, Great Lakes

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
each tall ship participating in the Tall Ships Challenge Great Lakes 
2013 and the War of 1812 Bicentennial Commemoration. These safety zones 
will ensure the safety of participating tall ships, spectator vessels, 
and commercial traffic throughout the Great Lakes.

DATES: This rule will be enforced with actual notice from 12:01 a.m. on 
July 3, 2013, until July 23, 2013. This rule is effective in the Code 
of Federal Regulations from July 23, 2013, until September 10, 2013, at 
11:59 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0192. To view comments, as well as documents mentioned in 
this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG-2013-0192) in the 
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the 
line associated with this rulemaking. You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 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 email Mr. Mark Bobal, Prevention Department, 
Ninth Coast Guard District, Cleveland, OH telephone (216) 902-6052, 
email [email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On May 1, 2013, the Coast Guard published an NPRM in the Federal 
Register (78 FR 25410), proposing to establish temporary safety zones 
around each of the twenty-one tall ships participating in the Tall 
Ships Challenge Great Lakes 2013 and the War of 1812 Bicentennial 
Commemoration. The comment period for this NPRM concluded on May 31, 
2013, and no comments were received. No public meeting was requested 
and none was held.
    In another regulation, the Coast Guard will establish a special 
local regulation for the tall ships celebration parade in Bay City, 
Michigan, on July 11, 2013 (USCG-2013-0368).
    Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. The final details of this event 
were not known to the Coast Guard until there was insufficient time for 
allow for a 30 day delayed effective date. Although the Coast Guard 
provided for a 30 day comment period, waiting an additional 30 days for 
the delayed effective period to run would be impractical and contrary 
to the public interest because it would inhibit the Coast Guard's 
ability to protect spectators and vessels from the hazards associated 
with a large gathering of sailboats in preparation for a race, which 
are discussed further below.

B. Basis and Purpose

    As announced the Notice of Proposed Rulemaking, the U.S. Navy has 
planned to hold a series of events along the Great Lakes during the 
summer of 2013. Detailed information about remaining commemorations can 
be found at http://www.visit1812.com.
    Also to commemorate the War of 1812 over the summer of 2013, 
twenty-five tall ships will traverse all five Great Lakes as part of 
the Tall Ships Challenge Great Lakes 2013. Between June 13 and 
September 17, 2013, the tall ships will appear in twenty-two Great 
Lakes ports and participate in five separate races. Millions of 
spectators are expected to attend the tall ships events throughout the 
Great Lakes. Information about the Tall Ships Challenge can be found 
at: http://www.sailtraining.org/tallships/2013greatlakes/.
    The Coast Guard expects the following tall sailing ships to 
participate in the Tall Ships Challenge Great Lakes 2013: the APPLEDORE 
IV, CHALLENGE, COASTER, DENIS SULLIVAN, EMPIRE SANDY, FAIR JEANNE, 
FRIENDS GOOD WILL, HALIE & MATTHEW, HINDU, KAJAMA, LA REVENANTE, LIANAS 
RANSON, LYNX, MADELINE, MIST OF AVALON, NIAGARA, PATHFINDER, 
PEACEMAKER, PLAYFAIR, PRIDE OF BALTIMORE II, RED WITCH, SORLANDET, ST. 
LAWRENCE II, UNICORN, and the WINDY.
    The Ninth District Commander has determined that the War of 1812 
Bicentennial Commemoration and the Tall Ships Challenge Great Lakes 
2013 may pose serious dangers to the boating public. This determination 
is based on the high concentration of recreational boaters expected to 
be drawn to these events. The number of spectators is expected to be 
particularly high in the port areas of Erie, PA; Cleveland, OH; Put-in-
Bay, OH; Bay City, MI; Chicago, IL; Green Bay, WI; and Duluth, MN 
because of events planned for those ports. The Ninth District 
Commander's determination is also based on the decreased 
maneuverability of tall sailing ships and the commercial vessel traffic 
known to frequent the aforementioned port areas.
    With these dangers in mind, the Ninth District Commander will 
establish temporary safety zones pursuant to the authority granted in 
the Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.).

C. Discussion of Comments, Changes and the Final Rule

    To alleviate the dangers posed by the expected high concentration 
of recreational boaters, commercial traffic operations, and the limited 
maneuverability of tall sailing ships, the Ninth District Commander has 
determined that it is necessary to establish a safety zone around each 
tall ship participating in the War of 1812 Bicentennial Commemoration 
and the Tall Ships Challenge Great Lakes 2013. Accordingly, the Ninth 
District Commander will establish a safety zone around each of the tall 
ships listed in the Basis and Purpose section above.
    These safety zones will be in effect and enforced from 12:01 a.m. 
on July 3, 2013, until 11:59 p.m. on September 10, 2013. On September 
2, 2013, each tall ship participating in the re-enactment of the Battle 
of Lake Erie will be surrounded by a safety zone 500 yards in radius. 
At all other times, between July 3, 2013, and September 10, each tall 
ship will be surrounded by a safety zone 100 yards in radius. These 
safety zones will be in effect and enforced around each tall ship 
regardless of whether the tall ship is underway, at anchor, or moored.

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    In accordance with 33 CFR 165.33, no vessel or person may enter one 
of these safety zones without the permission of the Ninth District 
Commander, the cognizant Captain of the Port, or the on-scene 
designated representative. Permission may be obtained to enter a safety 
zone by contacting the on-scene designated representative on VHF 
channel 16. Each vessel permitted to enter a safety zone must remain at 
least 25 yards from any tall ships within the zone. Additionally, each 
vessel permitted to enter one of the safety zones established by this 
rule must operate at the minimum speed necessary to maintain a safe 
course and must proceed as directed by the Ninth District Commander, 
the cognizant Captain of the Port, or the on-scene designated 
representative.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security.
    We conclude that this 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.
    Although these safety zones will be enforced throughout the Great 
Lakes, each zone will be relatively small and only enforced in any one 
particular geographic area for a minimal time. This is because the 
safety zones will follow the tall ships through the Great Lakes and not 
remain in any given area for more than a few days. Even when these 
safety zones are being enforced in a given port area, vessels will have 
the opportunity to transit through a zone by obtaining permission from 
the Ninth District Commander, the cognizant Captain of the Port, or the 
on-scene designated representative. For these reasons, restrictions on 
vessel movement within any particular geographic area of the Great 
Lakes are expected to be minimal, and therefore, the Coast Guard 
considers this rulemaking not to be a significant regulatory action.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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 would affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in one of the safety zones established by this rule. This 
safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons discussed in the 
Regulatory Planning and Review section above.
    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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT above. 
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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such an expenditure, we do discuss the effects of this temporary 
rule elsewhere in this preamble.

8. Taking of Private Property

    This temporary rule will not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This temporary 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.

10. Protection of Children From Environmental Health Risks

    We have analyzed this temporary rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This temporary 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.

11. Indian Tribal Governments

    This temporary 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

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Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that 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 Commandant Instruction because it involves 
the establishment of safety zones. An environmental analysis checklist 
supporting this determination 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 record 
keeping requirements, Security measures, Waterways.

    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. 1231; 46 U.S.C. Chapters 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.T09-0192 to read as follows:


Sec.  165.T09-0192  Tall Ship Safety Zones; War of 1812 Bicentennial 
Commemoration, Great Lakes.

    (a) Locations. The following are safety zones:
    (1) All navigable waters of the United States located in the Ninth 
Coast Guard District within a 100 yard radius of the following tall 
ships: APPLEDORE IV, CHALLENGE, DENIS SULLIVAN, EMPIRE SANDY, FAIR 
JEANNE, FRIENDS GOOD WILL, HINDU, KAJAMA, LA REVENANTE, LYNX, MADELINE, 
NIAGARA, PATHFINDER, PEACEMAKER, PLAYFAIR, PRIDE OF BALTIMORE II, RED 
WITCH, SORLANDET, ST. LAWRENCE II, UNICORN, and the WINDY. These safety 
zones will be enforced around each tall ship regardless of whether the 
tall ship is underway, at anchor, or moored.
    (2) All navigable waters of the United States located in the Ninth 
Coast Guard District within a 500 yard radius of each tall ship 
participating in the re-enactment of the Battle of Lake Erie on 
September 2, 2013.
    (b) Effective and enforcement period. This rule is effective and 
will be enforced between 12:01 a.m. on July 3, 2013 until 11:59 p.m. on 
September 10, 2013.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into a safety zone established by 
this section is prohibited without the authority of the Ninth District 
Commander, the cognizant Captain of the Port, or the on-scene 
designated representative.
    (2) The ``designated representative'' of the Ninth District 
Commander is any Coast Guard commissioned, warrant, or petty officer 
who has been designated by the Ninth District Commander or the 
cognizant Captain of the Port to act on his or her behalf.
    (3) Permission may be obtained to enter a safety zone established 
herein by contacting the on-scene designated representative on VHF 
channel 16.
    (4) Each vessel permitted to enter a safety zone established herein 
must remain at least 25 yards from any tall ships within that zone.
    (5) Each vessel permitted to enter a safety zone established by 
this section must operate at the minimum speed necessary to maintain a 
safe course and must proceed as directed by the Ninth District 
Commander, the cognizant Captain of the Port, or the on-scene 
designated representative.

    Dated: June 26, 2013.
M.N. Parks
Rear Admiral, U. S. Coast Guard, Ninth District Commander.
[FR Doc. 2013-17797 Filed 7-19-13; 4:15 pm]
BILLING CODE 9110-04-P