Safety Zone; Tall Ships Challenge Great Lakes 2019, Buffalo, NY, Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI, Kenosha, WI and Erie, PA, 29804-29806 [2019-13475]
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29804
Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Rules and Regulations
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 guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32)(e), of the
Instruction. A Record of Environmental
Consideration and a Memorandum for
the Record are not required for this rule.
Federal Highway Administration
(FHWA) had been identified as the lead
federal agency for purposes of the
National Environmental Policy Act
(NEPA). FHWA prepared a NEPA
document for the project as proposed for
the final bridge permit. FHWA classified
the project as a Categorical Exclusion.
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.
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List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
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Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.391 effective from date of
publication, through 11:59 p.m. on
November 13, 2023 temporarily add
paragraph (d) to read as follows:
■
§ 117.391
Chicago River
*
*
*
*
*
(d) The draw of the Chicago Avenue
Bridge, mile 2.40, over the North Branch
of the Chicago River, need not open for
the passage of vessels.
Dated: June 13, 2019.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2019–13495 Filed 6–24–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0212]
RIN 1625–AA00
Safety Zone; Tall Ships Challenge
Great Lakes 2019, Buffalo, NY,
Cleveland, OH, Bay City, MI, Green
Bay, WI, Sturgeon Bay, WI, Kenosha,
WI and Erie, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is creating
safety zones around each tall ship
visiting the Great Lakes during the Tall
Ships Challenge 2019 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 from 12:01
a.m. on June 28, 2019, through 12:01
a.m. on September 2, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0212 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
SUMMARY:
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email LT Jason Radcliffe, 9th District
Waterways Management, U.S. Coast
Guard; telephone 216–902–6060, email
jason.a.radcliffe2@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Information and
Regulatory History
During the Tall Ships Challenge Great
Lakes 2019, tall ships will be
participating in maritime parades,
training cruises, races, and mooring in
the harbors of Buffalo, NY, Cleveland,
OH, Bay City, MI, Green Bay, WI,
Sturgeon Bay, WI, Kenosha, WI and
Erie, PA. 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 2019 and the
participating vessels can be found at:
https://tallshipsnetwork.com/series/tallships-challenge-great-lakes-2019/.
In response, on 13 May 2019, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled Tall
Ships Challenge Great Lakes 2019 [84
FR 20825]. There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action. During the comment period that
ended 12 June 2019, we received no
comments.
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 impracticable
because immediate action is necessary
to respond to the safety hazards
associated with the imminent arrival of
the Tall Ships fleet.
At 12:01 a.m. June 28, 2019, a safety
zone will be established around each
tall ship participating in this event. The
safety zone around each ship will
remain in effect as the tall ships travel
throughout the Great Lakes. The safety
zones will terminate at 12:01 a.m. on
September 2, 2019.
These safety zones are necessary to
protect the tall ships from potential
harm and to protect the public from the
hazards associated with the limited
maneuverability of tall sailing ships.
When operating under sail, they require
a substantial crew to manually turn the
rudder and adjust the sails, therefore
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Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Rules and Regulations
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they cannot react as quickly as modern
ships. Additionally, during parades of
sail, the tall ships will be following a set
course through a crowded harbor, and it
is imperative that spectator craft stay
clear since maneuvering the tall ships to
avoid large crowds of spectator craft
would not be possible. Due to the high
profile nature and extensive publicity
associated with this event, each Captain
of the Port (COTP) expects a large
number of spectators in confined areas
adjacent to the tall ships. The
combination of large numbers of
recreational boaters, congested
waterways, boaters crossing
commercially transited waterways and
low maneuverability of the tall ships
could easily result in serious injuries or
fatalities. Therefore, the Coast Guard
will enforce a safety zone around each
ship to ensure the safety of both
participants and spectators in these
areas. The Coast Guard is making this
rulemaking under authority in 46 U.S.C.
70034, 70051; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Department of
Homeland Security Delegation No.
0170.1.
III. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published 13
May 2019. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM. The Coast
Guard will establish safety zones from
12:01 a.m. on June 28, 2019 until 12:01
a.m. on September 2, 2019. The safety
zones will cover 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
2019 Tall Ships Challenge. No vessel or
person would 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 shall apply
at all times within the safety zone. The
regulatory text appears at the end of this
document.
IV. 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
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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 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone or
through it at slow speed in congested
areas. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow 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 IV.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
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29805
listed in the FOR FURTHER INFORMATION
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.
CONTACT
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 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. 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,
E:\FR\FM\25JNR1.SGM
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29806
Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Rules and Regulations
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
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 lasting more than one week.
Normally such actions are categorically
excluded from further review under
paragraph L60(a) in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1. A
Record of Environmental Consideration
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 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:
■ 1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.2.
2. Add § 165.T09–0073 to read as
follows:
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■
§ 165.T09–0073 Safety Zone; Tall Ships
Challenge Great Lakes 2019; Buffalo, NY,
Cleveland, OH, Bay City, MI, Green Bay, WI,
Sturgeon Bay, WI, Kenosha, WI and Erie,
PA.
(a) Definitions. The following
definitions apply to this section:
(1) Navigation rules means the
Navigation Rules, International and
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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
2019 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 onscene 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,
June 28, 2019 through 12:01 a.m. on
Monday September 2, 2019.
(e) Navigation Rules. The Navigation
Rules shall apply at all times within a
tall ships safety zone.
Dated: June 20, 2019.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2019–13475 Filed 6–24–19; 8:45 am]
BILLING CODE 9110–04–P
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 74
[MB Docket No. 18–119, FCC 19–40]
FM Translator Interference; Correction
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date; correction.
AGENCY:
The Federal Communications
Commission (Commission) is correcting
the effective date of rule amendments
that appeared in the Federal Register on
June 14, 2019. The document
incorrectly stated the effective date for
three of the amended rules as being 30
days from the date of publication in the
Federal Register. The Commission
ordered these amended rules to be
effective 60 days from the date of
publication in the Federal Register.
DATES: The effective date for the final
rule published June 14, 2019, at 84 FR
27734, is corrected to August 13, 2019,
except for the amendments to
§§ 74.1203(a)(3) and 74.1204(f), which
will become effective after the
Commission publishes a document in
the Federal Register announcing such
approval and the relevant effective date.
FOR FURTHER INFORMATION CONTACT:
Christine Goepp, Attorney Advisor,
Media Bureau, Audio Division, (202)
418–7834; James Bradshaw, Senior
Deputy Chief, Media Bureau, Audio
Division, (202) 418–2739; Lisa Scanlan,
Deputy Division Chief, Media Bureau,
Audio Division, (202) 418–2704. Direct
press inquiries to Janice Wise at (202)
418–8165. For additional information
concerning the PRA information
collection requirements contained in
this document, contact Cathy Williams,
Federal Communications Commission,
at (202) 418–2918, or via email
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Federal Communications Commission
(Commission) is correcting the effective
date of rule amendments that appeared
in the Federal Register on June 14,
2019. The document incorrectly stated
the effective date for three of the
amended rules, 47 CFR 74.1201(k),
74.1203(b), and 74.1233(a)(1), as being
30 days from the date of publication in
the Federal Register. The Commission
ordered these amended rules to be
effective 60 days from the date of
publication in the Federal Register.
Amendment of Part 74 of the
Commission’s Rules Regarding FM
Translator Interference, Report and
Order, FCC 19–40, at para. 56 (rel. May
9, 2019).
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29804-29806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13475]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0212]
RIN 1625-AA00
Safety Zone; Tall Ships Challenge Great Lakes 2019, Buffalo, NY,
Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI, Kenosha,
WI and Erie, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is creating safety zones around each tall ship
visiting the Great Lakes during the Tall Ships Challenge 2019 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 from 12:01 a.m. on June 28, 2019, through
12:01 a.m. on September 2, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0212 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 LT Jason Radcliffe, 9th District Waterways Management,
U.S. Coast Guard; telephone 216-902-6060, 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 2019, tall ships will
be participating in maritime parades, training cruises, races, and
mooring in the harbors of Buffalo, NY, Cleveland, OH, Bay City, MI,
Green Bay, WI, Sturgeon Bay, WI, Kenosha, WI and Erie, PA. 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 2019 and the participating vessels can be found
at: https://tallshipsnetwork.com/series/tall-ships-challenge-great-lakes-2019/.
In response, on 13 May 2019, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Tall Ships Challenge Great Lakes 2019
[84 FR 20825]. There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action. During the comment period
that ended 12 June 2019, we received no comments.
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 impracticable because immediate action is necessary
to respond to the safety hazards associated with the imminent arrival
of the Tall Ships fleet.
At 12:01 a.m. June 28, 2019, a safety zone will be established
around each tall ship participating in this event. The safety zone
around each ship will remain in effect as the tall ships travel
throughout the Great Lakes. The safety zones will terminate at 12:01
a.m. on September 2, 2019.
These safety zones are necessary to protect the tall ships from
potential harm and to protect the public from the hazards associated
with the limited maneuverability of tall sailing ships. When operating
under sail, they require a substantial crew to manually turn the rudder
and adjust the sails, therefore
[[Page 29805]]
they cannot react as quickly as modern ships. Additionally, during
parades of sail, the tall ships will be following a set course through
a crowded harbor, and it is imperative that spectator craft stay clear
since maneuvering the tall ships to avoid large crowds of spectator
craft would not be possible. Due to the high profile nature and
extensive publicity associated with this event, each Captain of the
Port (COTP) expects a large number of spectators in confined areas
adjacent to the tall ships. The combination of large numbers of
recreational boaters, congested waterways, boaters crossing
commercially transited waterways and low maneuverability of the tall
ships could easily result in serious injuries or fatalities. Therefore,
the Coast Guard will enforce a safety zone around each ship to ensure
the safety of both participants and spectators in these areas. The
Coast Guard is making this rulemaking under authority in 46 U.S.C.
70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of
Homeland Security Delegation No. 0170.1.
III. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published 13
May 2019. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. The Coast Guard will establish safety
zones from 12:01 a.m. on June 28, 2019 until 12:01 a.m. on September 2,
2019. The safety zones will cover 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
2019 Tall Ships Challenge. No vessel or person would 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 shall apply at all times within the safety
zone. The regulatory text appears at the end of this document.
IV. 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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone or through it
at slow speed in congested areas. Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow 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
IV.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 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. 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,
[[Page 29806]]
we do discuss the effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
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 lasting more than one
week. Normally such actions are categorically excluded from further
review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. A Record of
Environmental Consideration 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 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:
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
0170.1.2.
0
2. Add Sec. 165.T09-0073 to read as follows:
Sec. 165.T09-0073 Safety Zone; Tall Ships Challenge Great Lakes 2019;
Buffalo, NY, Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay,
WI, Kenosha, WI and 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 2019 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, June 28, 2019 through 12:01 a.m. on Monday September 2,
2019.
(e) Navigation Rules. The Navigation Rules shall apply at all times
within a tall ships safety zone.
Dated: June 20, 2019.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2019-13475 Filed 6-24-19; 8:45 am]
BILLING CODE 9110-04-P
