[Federal Register: July 31, 2003 (Volume 68, Number 147)]
[Rules and Regulations]
[Page 44890-44892]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy03-15]
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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]]
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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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