
[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Proposed Rules]
[Pages 25410-25413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10012]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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: Comments and related materials must be received by the Coast 
Guard on or before May 31, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0192 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
temporary rule, call or email Mr. Mark Bobal, Prevention Department, 
Ninth Coast Guard District, Cleveland, OH telephone (216) 902-6052, 
email mark.d.bobal@uscg.mil. 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: 

[[Page 25411]]

Table of Acronyms

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

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-0192), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online at www.regulations.gov, or by fax, mail or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when the comment is 
successfully transmitted. If you fax, hand deliver, or mail your 
comment, it will be considered as having been received by the Coast 
Guard when the comment is received at the Docket Management Facility. 
We recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2013-0192) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one the using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

B. Basis and Purpose

    To further commemorate the War of 1812, the U.S. Navy will hold a 
series of events along the Great Lakes during the summer of 2013. This 
War of 1812 Bicentennial Commemoration is expected to bring millions of 
spectators to port areas throughout the Great Lakes. Detailed 
information about this commemoration can be found at http://www.visit1812.com.
    Also to commemorate the War of 1812 over the summer of 2013, 
twenty-one 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. Of note, various tall ships 
will participate in the re-enactment of the Battle of Lake Erie in the 
vicinity of Put-in-Bay, OH on September 2, 2013. Millions of spectators 
are expected to attend 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, 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.
    The Ninth District Commander has determined that the War of 1812 
Bicentennial Commemoration and the Tall Ships Challenge Great Lakes 
2013 will 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 proposes 
to 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 Proposed 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 proposes to establish a safety zone around each of 
the tall ships listed in the Background and Purpose section above.
    These proposed safety zones will be in effect and enforced from 
12:01 a.m. on June 13, 2013, until 11:59 p.m. on September 17, 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 June 13, 2013, and September 17, 
each tall ship will be surrounded by a safety zone 100 yards in radius. 
These proposed safety zones will be in effect and enforced around each 
tall ship

[[Page 25412]]

regardless of whether the tall ship is underway, at anchor, or moored.
    In accordance with 33 CFR Sec.  165.33, no vessel or person may 
enter one of these proposed 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 
proposed 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 proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed 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 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.
    Although these proposed 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 proposed 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 proposed 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 proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule would affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit or anchor within one of the safety zones 
established by this proposed 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 proposed 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 proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
temporary rule elsewhere in this preamble.

7. Taking of Private Property

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

8. Civil Justice Reform

    This proposed 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.

9. Protection of Children From Environmental Health Risks

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

10. Indian Tribal Governments

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

11. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions

[[Page 25413]]

Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use.

12. Technical Standards

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

13. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed rule is 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Commandant Instruction because it involves the establishment of safety 
zones. A preliminary environmental analysis checklist supporting this 
determination is 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 proposed rule.

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 proposes 
to amend 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. 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.T09-0192 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 
proposed 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 June 13, 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: April 5, 2013.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Ninth District Commander.
[FR Doc. 2013-10012 Filed 4-30-13; 8:45 am]
BILLING CODE 9110-04-P


