Safety Zones; Tall Ship Safety Zones; War of 1812 Bicentennial Commemoration, Great Lakes, 44014-44016 [2013-17797]
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44014
Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Rules and Regulations
TFR
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 https://
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
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:
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SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
VerDate Mar<15>2010
14:53 Jul 22, 2013
Jkt 229001
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
https://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:
https://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
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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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Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Rules and Regulations
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 onscene 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.
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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
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14:53 Jul 22, 2013
Jkt 229001
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
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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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Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Rules and Regulations
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
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.
2. Add § 165.T09–0192 to read as
follows:
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■
§ 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
VerDate Mar<15>2010
14:53 Jul 22, 2013
Jkt 229001
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 reenactment 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
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 10
RIN 0906–AA94
Exclusion of Orphan Drugs for Certain
Covered Entities Under 340B Program
Health Resources and Services
Administration (HRSA), Department of
Health and Human Services (HHS).
ACTION: Final rule.
AGENCY:
HHS is issuing this final rule
to clarify how section 340B(e) of the
Public Health Service Act (PHSA) will
be implemented. The final rule applies
section 340B(e) of the PHSA only to
drugs transferred, prescribed, sold, or
otherwise used for the rare condition or
disease for which the orphan drug was
designated under section 526 of the
Federal Food, Drug, and Cosmetic Act
(FFDCA). The final rule also sets forth
that it is the responsibility of the 340B
covered entity to maintain auditable
records that demonstrate compliance
with the terms of the orphan drug
exclusion requirements. This rule will
provide clarity in the marketplace,
maintain the 340B savings for newlyeligible covered entities, and protect the
financial incentives for manufacturing
orphan drugs designated for a rare
disease or condition as indicated in the
Affordable Care Act and intended by
Congress.
SUMMARY:
This final rule is effective on
October 1, 2013.
FOR FURTHER INFORMATION CONTACT: CDR
Krista Pedley, Director, Office of
Pharmacy Affairs (OPA), Healthcare
Systems Bureau (HSB), Health
Resources and Services Administration
(HRSA), 5600 Fishers Lane, Parklawn
Building, Room 10C–03, Rockville,
Maryland 20857, or by telephone at
(301) 594–4353.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
The 340B Program was established by
section 602 of the Veterans Health Care
Act of 1992 (Pub. L. 102–585) and is
codified as section 340B of the PHSA.
Section 340B instructs HHS to enter into
agreements with drug manufacturers of
covered outpatient drugs. 42 U.S.C.
256b(a). Pursuant to section 340B(a)(1)
of the PHSA, when a manufacturer signs
a Pharmaceutical Pricing Agreement
(PPA), it agrees that the prices charged
for covered outpatient drugs to covered
entities (organizations eligible under
section 340B to receive 340B discounted
pricing) will not exceed defined ceiling
prices, which are based on pricing data
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Agencies
[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Rules and Regulations]
[Pages 44014-44016]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 https://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 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:
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 https://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: https://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.
[[Page 44015]]
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
[[Page 44016]]
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