[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45414-45416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16711]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0267]
RIN 1625-AA00


Safety Zone; Tall Ships Challenge Great Lakes 2016, Fairport 
Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie, 
PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is creating temporary safety zones around each 
tall ship visiting the Great Lakes during the Tall Ships Challenge 2016 
race series. These safety zones will provide for the regulation of 
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 without actual notice from July 14, 2016 
through 12:01 a.m. on September 12, 2016. For the purposes of 
enforcement, actual notice will be used from 12:01 a.m. July 6, 2016 
through July 14, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0267 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mark Bobal, Ninth District Inspections and Investigations 
Branch, Passenger Vessel Safety Specialist, U.S. Coast Guard; telephone 
216-902-6052, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    During the Tall Ships Challenge Great Lakes 2016, tall ships will 
be participating in parades and then mooring in the harbors of Fairport 
Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie, 
PA. This is a tri-annual event that teaches character building and 
leadership through sail training. The Tall Ships event seeks to educate 
the public about both the historical aspects of sailing ships as well 
as their current use as training vessels for students. Tall ships are 
large, traditionally-rigged sailing vessels. The event will consist of 
festivals at each port of call, sail training cruises, tall ship 
parades, and races between the ports. More information regarding the 
Tall Ships Challenge 2016 and the participating vessels can be found at 
http://www.sailtraining.org/tallships/2016greatlakes/TSC2016index.php
    The Coast Guard published a notice of proposed rulemaking (NPRM) 
titled Safety Zone; Tall Ships Challenge Great Lakes 2016, Fairport 
Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie, 
PA (USCG-2016-0267, 81 FR 26767, May 4, 2016). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related. During the comment period that ended June 3, 2016, we received 
one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Ninth District Commander has determined that potential 
hazards associated with tall ships operating in crowded harbors in 
close proximity to spectator craft necessitate a safety zone. The 
purpose of this rule is to ensure the safety of all vessels during the 
Tall Ship events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comments on our NPRM published May 
4, 2016. The comment was directed at a rule pertaining to a fireworks 
show

[[Page 45415]]

during a university graduation and did not apply to this rule. There 
are no changes in the regulatory text of this rule from the proposed 
rule in the NPRM.
    This rule establishes a safety zone from 12:01 a.m. July 6, 2016, 
that is established around each Tall Ship participating in this event. 
The safety zone covers all navigable waters within 100 yards of a tall 
ship in the Great Lakes. The duration of the zone is intended to ensure 
the safety of vessels and these navigable waters during the 2016 Tall 
Ships Challenge. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative. If the tall ships are operating in a confined area such 
as a small harbor and there is not adequate room for vessels to stay 
out of the safety zone because of a lack of navigable water, then 
vessels will be permitted to operate within the safety zone and shall 
travel at the minimum speed necessary to maintain a safe course. The 
navigation rules apply at all times within the safety zone. The safety 
zone terminates at 12:01 a.m. on September 12, 2016.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone. Commercial 
traffic does not typically come within the boundaries of the safety 
zone, and would be permitted to pass through the safety zone in 
accordance with the rule. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone and the rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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 will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 (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 involves a safety zone that will prohibit vessels from passing 
within 100 yards of a tall ship without coming to a slow speed. It is 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a

[[Page 45416]]

Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

G. 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping 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; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0073 to read as follows:


Sec.  165.T09-0073  Safety Zone; Tall Ships Challenge Great Lakes 2016; 
Fairport Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Sturgeon 
Bay, WI, Duluth, MN, Erie, PA.

    (a) Definitions. The following definitions apply to this section:
    (1) Navigation Rules means the Navigation Rules, International and 
Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.).
    (2) 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 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.
    (3) Public Vessel means vessels owned, chartered, or operated by 
the United States or by a State or political subdivision thereof.
    (4) Tall Ship means any sailing vessel participating in the Tall 
Ships Challenge 2016 in the Great Lakes.
    (b) Location. The following areas are safety zones: 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) No person or vessel is allowed within the 
safety zone unless authorized by the cognizant Captain of the Port, 
their designated representative, or the on-scene official patrol.
    (2) Persons or vessels operating within a confined harbor or 
channel, where there is not sufficient navigable water outside of the 
safety zone to safely maneuver are allowed to operate within the safety 
zone and shall travel at the minimum speed necessary to maintain a safe 
course. Vessels operating within the safety zone shall not come within 
25 yards of a tall ship unless authorized by the cognizant Captain of 
the Port, their designated representative, or the on-scene official 
patrol.
    (3) When a tall ship approaches any vessel that is moored or 
anchored, the stationary vessel must stay moored or anchored while it 
remains within the tall ship's safety zone unless ordered by or given 
permission from the cognizant Captain of the Port, their designated 
representative, or the on-scene official patrol to do otherwise.
    (d) Effective period. This rule is effective from 12:01 a.m. on 
Wednesday, July 6, 2016 through 12:01 a.m. on Monday, September 12, 
2016.
    (e) Navigation Rules. The Navigation Rules shall apply at all times 
within a tall ships safety zone.

    Dated: July 5, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-16711 Filed 7-13-16; 8:45 am]
 BILLING CODE 9110-04-P