81 FR 26767 - Safety Zone; Tall Ships Challenge Great Lakes 2016, Fairport Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie, PA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 86 (May 4, 2016)
Coast Guard
Federal Register Volume 81, Issue 86 (May 4, 2016)
| Page Range | 26767-26769 | |
| FR Document | 2016-10453 |
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)] [Proposed Rules] [Pages 26767-26769] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10453] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0267] RIN 1625-AA00 Safety Zone; Tall Ships Challenge Great Lakes 2016, Fairport Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie, PA AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to create safety zones around each tall ship visiting the Great Lakes during the Tall Ships Challenge 2016 race series. These safety zones will provide for the regulation of vessel traffic in the vicinity of each tall ship in the navigable waters of the United States. The Coast Guard is taking this action to safeguard participants and spectators from the hazards associated with the limited maneuverability of these tall ships and to ensure public safety during tall ships events. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before June 3, 2016. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0267 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Mark Bobal, Ninth District Inspections and Investigations Branch, Passenger Vessel Safety Specialist, U.S. Coast Guard; telephone 216-902-6052, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis During the Tall Ships Challenge Great Lakes 2016, tall ships will be participating in parades and then mooring in the harbors of Fairport Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, and Erie, PA. This is a tri-annual event that teaches character building and leadership through sail training. The Tall Ships event seeks to educate the public about both the historical aspects of sailing ships as well as their current use as training vessels for students. Tall ships are large, traditionally-rigged sailing vessels. The event will consist of festivals at each port of call, sail training cruises, tall ship parades, and races between the ports. More information regarding the Tall Ships Challenge 2016 and the participating vessels can be found at http://www.sailtraining.org/tallships/2016greatlakes/TSC2016index.php. At 12:01 a.m. July 6, 2016, 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 12, 2016. 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 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, 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 proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule The Coast Guard proposes to establish safety zones from 12:01 a.m. on July 6, 2016 until 12:01 a.m. on September 12, 2016. The safety zones would 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 2016 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 we are proposing appears at the end of this document. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Vessel traffic would be able to safely [[Page 26768]] 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 certifies under 5 U.S.C. 605(b) that this proposed rule would 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 proposed rule would not have a significant economic impact on any vessel owner or operator. 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. 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 section. 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. C. Collection of Information This proposed rule would 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 proposed 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 proposed 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 proposed 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. 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 (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 involves a safety zone lasting more than one week. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 proposes to amend 33 CFR part 165 as follows: [[Page 26769]] PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T09-0073 to Ninth Coast Guard District to read as follows: Sec. 165.T09-0073 Safety Zone; Tall Ships Challenge Great Lakes 2016; Fairport Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Sturgeon Bay, WI, Duluth, MN, Erie, PA. (a) Definitions. The following definitions apply to this section: (1) Navigation rules means the Navigation Rules, International and Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.). (2) Official patrol means those persons designated by Captain of the Port Buffalo, Detroit, Sault Ste. Marie, Duluth and Lake Michigan to monitor a tall ship safety zone, permit entry into the zone, give legally enforceable orders to persons or vessels within the zone, and take other actions authorized by the cognizant Captain of the Port. (3) Public vessel means vessels owned, chartered, or operated by the United States or by a State or political subdivision thereof. (4) Tall ship means any sailing vessel participating in the Tall Ships Challenge 2016 in the Great Lakes. (b) Location. The following areas are safety zones: All navigable waters of the United States located in the Ninth Coast Guard District within a 100 yard radius of any tall ship. (c) Regulations. (1) No person or vessel is allowed within the safety zone unless authorized by the cognizant Captain of the Port, their designated representative, or the on-scene official patrol. (2) Persons or vessels operating within a confined harbor or channel, where there is not sufficient navigable water outside of the safety zone to safely maneuver are allowed to operate within the safety zone and shall travel at the minimum speed necessary to maintain a safe course. Vessels operating within the safety zone shall not come within 25 yards of a tall ship unless authorized by the cognizant Captain of the Port, their designated representative, or the on-scene official patrol. (3) When a tall ship approaches any vessel that is moored or anchored, the stationary vessel must stay moored or anchored while it remains within the tall ship's safety zone unless ordered by or given permission from the cognizant Captain of the Port, their designated representative, or the on-scene official patrol to do otherwise. (d) Effective period. This rule is effective from 12:01 a.m. on Wednesday, July 6, 2016 through 12:01 a.m. on Monday September 12, 2016. (e) Navigation Rules. The Navigation Rules shall apply at all times within a tall ships safety zone. Dated: April 8, 2016. J.E. Ryan, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2016-10453 Filed 5-3-16; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules 26767
personnel, Penalties, Reporting and telephone 216–902–6052, email commercially transited waterways and
recordkeeping requirements, Seizures Mark.D.Bobal@uscg.mil. low maneuverability of the tall ships
and forfeitures, Transportation. SUPPLEMENTARY INFORMATION: could easily result in serious injuries or
fatalities. Therefore, the Coast Guard
Authority and Issuance I. Table of Abbreviations will enforce a safety zone around each
This notice is issued under the CFR Code of Federal Regulations ship to ensure the safety of both
authority of 5 U.S.C. 552(a); 18 U.S.C. DHS Department of Homeland Security participants and spectators in these
847, 921–931; and 44 U.S.C. 3504(h). FR Federal Register areas. The Coast Guard proposes this
NPRM Notice of proposed rulemaking rulemaking under authority in 33 U.S.C.
Dated: April 28, 2016.
§ Section 1231.
Thomas E. Brandon, U.S.C. United States Code
Deputy Director. III. Discussion of Proposed Rule
II. Background, Purpose, and Legal
[FR Doc. 2016–10382 Filed 5–3–16; 8:45 am] The Coast Guard proposes to establish
Basis
BILLING CODE 4410–FY–P safety zones from 12:01 a.m. on July 6,
During the Tall Ships Challenge Great 2016 until 12:01 a.m. on September 12,
Lakes 2016, tall ships will be 2016. The safety zones would cover all
participating in parades and then navigable waters within 100 yards of a
DEPARTMENT OF HOMELAND mooring in the harbors of Fairport
SECURITY tall ship in the Great Lakes. The
Harbor, OH, Bay City, MI, Chicago, IL, duration of the zone is intended to
Coast Guard Green Bay, WI, Duluth, MN, and Erie, ensure the safety of vessels and these
PA. This is a tri-annual event that navigable waters during the 2016 Tall
33 CFR Part 165 teaches character building and Ships Challenge. No vessel or person
leadership through sail training. The would be permitted to enter the safety
[Docket Number USCG–2016–0267] Tall Ships event seeks to educate the zone without obtaining permission from
public about both the historical aspects the COTP or a designated
RIN 1625–AA00 of sailing ships as well as their current representative. If the tall ships are
use as training vessels for students. Tall operating in a confined area such as a
Safety Zone; Tall Ships Challenge
ships are large, traditionally-rigged small harbor and there is not adequate
Great Lakes 2016, Fairport Harbor, OH,
sailing vessels. The event will consist of room for vessels to stay out of the safety
Bay City, MI, Chicago, IL, Green Bay,
festivals at each port of call, sail training zone because of a lack of navigable
WI, Duluth, MN, Erie, PA
cruises, tall ship parades, and races water, then vessels will be permitted to
AGENCY: Coast Guard, DHS. between the ports. More information operate within the safety zone and shall
ACTION: Notice of proposed rulemaking. regarding the Tall Ships Challenge 2016 travel at the minimum speed necessary
and the participating vessels can be to maintain a safe course. The
SUMMARY: The Coast Guard proposes to found at http://www.sailtraining.org/ navigation rules shall apply at all times
create safety zones around each tall ship tallships/2016greatlakes/ within the safety zone. The regulatory
visiting the Great Lakes during the Tall TSC2016index.php. text we are proposing appears at the end
Ships Challenge 2016 race series. These At 12:01 a.m. July 6, 2016, a safety of this document.
safety zones will provide for the zone will be established around each
regulation of vessel traffic in the vicinity tall ship participating in this event. The IV. Regulatory Analyses
of each tall ship in the navigable waters safety zone around each ship will We developed this proposed rule after
of the United States. The Coast Guard is remain in effect as the tall ships travel considering numerous statutes and
taking this action to safeguard throughout the Great Lakes. The safety Executive orders related to rulemaking.
participants and spectators from the zones will terminate at 12:01 a.m. on Below we summarize our analyses
hazards associated with the limited September 12, 2016. based on a number of these statutes and
maneuverability of these tall ships and These safety zones are necessary to Executive orders and we discuss First
to ensure public safety during tall ships protect the tall ships from potential Amendment rights of protestors.
events. We invite your comments on harm and to protect the public from the
this proposed rulemaking. hazards associated with the limited A. Regulatory Planning and Review
DATES: Comments and related material
maneuverability of tall sailing ships. Executive Orders 12866 and 13563
must be received by the Coast Guard on When operating under sail they require direct agencies to assess the costs and
or before June 3, 2016. a substantial crew to manually turn the benefits of available regulatory
rudder and adjust the sails, therefore alternatives and, if regulation is
ADDRESSES: You may submit comments
they cannot react as quickly as modern necessary, to select regulatory
identified by docket number USCG– ships. Additionally, during parades of approaches that maximize net benefits.
2016–0267 using the Federal sail the tall ships will be following a set Executive Order 13563 emphasizes the
eRulemaking Portal at http:// course through a crowded harbor, it is importance of quantifying both costs
www.regulations.gov. See the ‘‘Public imperative that spectator craft stay clear and benefits, of reducing costs, of
Participation and Request for since maneuvering the tall ships to harmonizing rules, and of promoting
Comments’’ portion of the avoid large crowds of spectator craft flexibility. This NPRM has not been
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION section for
would not be possible. Due to the high designated a ‘‘significant regulatory
further instructions on submitting profile nature and extensive publicity action,’’ under Executive Order 12866.
comments. associated with this event, each Captain Accordingly, the NPRM has not been
FOR FURTHER INFORMATION CONTACT: If of the Port (COTP) expects a large reviewed by the Office of Management
you have questions about this proposed number of spectators in confined areas and Budget.
rulemaking, call or email Mark Bobal, adjacent to the tall ships. The This regulatory action determination
Ninth District Inspections and combination of large numbers of is based on the size, location, duration,
Investigations Branch, Passenger Vessel recreational boaters, congested and time-of-day of the safety zone.
Safety Specialist, U.S. Coast Guard; waterways, boaters crossing Vessel traffic would be able to safely
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![Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules 26769
PART 165—REGULATED NAVIGATION Captain of the Port, their designated ADDRESSES: You may submit comments
AREAS AND LIMITED ACCESS AREAS representative, or the on-scene official by one of the following methods:
patrol to do otherwise. • Electronically: Go to the Federal
■ 1. The authority citation for part 165 (d) Effective period. This rule is eRulemaking Portal: http://
continues to read as follows: effective from 12:01 a.m. on Wednesday, www.regulations.gov. In the Search box,
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; July 6, 2016 through 12:01 a.m. on enter the docket number for this
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Monday September 12, 2016. proposed rule, which is FWS–HQ–ES–
Department of Homeland Security Delegation (e) Navigation Rules. The Navigation 2015–0171. Then click on the Search
No. 0170.1. Rules shall apply at all times within a button. In the Search panel on the left
■2. Add § 165.T09–0073 to Ninth Coast tall ships safety zone. side of the screen, under the Document
Guard District to read as follows: Dated: April 8, 2016. Type heading, click on the Proposed
J.E. Ryan,
Rules link to locate this document. You
§ 165.T09–0073 Safety Zone; Tall Ships may submit a comment by clicking on
Challenge Great Lakes 2016; Fairport Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
‘‘Comment Now!’’ Please ensure that
Harbor, OH, Bay City, MI, Chicago, IL, Green you have found the correct document
Bay, WI, Sturgeon Bay, WI, Duluth, MN, Erie, [FR Doc. 2016–10453 Filed 5–3–16; 8:45 am]
PA.
before submitting your comment.
BILLING CODE 9110–04–P
• By hard copy: Submit by U.S. mail
(a) Definitions. The following or hand delivery to: Public Comments
definitions apply to this section: Processing, Attn: Docket No. FWS–HQ–
(1) Navigation rules means the DEPARTMENT OF THE INTERIOR ES–2015–0171, U.S. Fish and Wildlife
Navigation Rules, International and
Service, MS: BPHC, 5275 Leesburg Pike,
Inland (See, 1972 COLREGS and 33 Fish and Wildlife Service Falls Church, VA 22041–3803.
U.S.C. 2001 et seq.). We will post all comments on
(2) Official patrol means those 50 CFR Part 17 http://www.regulations.gov. This
persons designated by Captain of the
[Docket No. FWS–HQ–ES–2015–0171; generally means that we will post any
Port Buffalo, Detroit, Sault Ste. Marie,
FF09E40000 167 FXES11150900000] personal information you provide us
Duluth and Lake Michigan to monitor a
(see the Request for Information section,
tall ship safety zone, permit entry into RIN 1018–BB25 below, for more information).
the zone, give legally enforceable orders
to persons or vessels within the zone, Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: Jim
and take other actions authorized by the and Plants; Revisions to the Serfis, Chief, Branch of Conservation
cognizant Captain of the Port. Regulations for Candidate and Communications, U.S. Fish and
(3) Public vessel means vessels Conservation Agreements With Wildlife Service Headquarters, MS: ES,
owned, chartered, or operated by the Assurances 5275 Leesburg Pike, Falls Church, VA
United States or by a State or political 22041–3803; telephone 703–358–2171.
subdivision thereof. AGENCY: U.S. Fish and Wildlife Service If you use a telecommunications device
(4) Tall ship means any sailing vessel (FWS), Interior. for the deaf (TDD), call the Federal
participating in the Tall Ships Challenge ACTION: Proposed rule. Information Relay Service (FIRS) at
2016 in the Great Lakes. 800–877–8339.
(b) Location. The following areas are SUMMARY: We, the U.S. Fish and SUPPLEMENTARY INFORMATION:
safety zones: All navigable waters of the Wildlife Service (FWS), propose
changes to the regulations concerning Background
United States located in the Ninth Coast
Guard District within a 100 yard radius enhancement of survival permits issued Through its Candidate Conservation
of any tall ship. under the Endangered Species Act of program, one of the FWS’s goals is to
(c) Regulations. (1) No person or 1973, as amended (ESA), associated encourage the public to take specific
vessel is allowed within the safety zone with Candidate Conservation conservation actions for declining
unless authorized by the cognizant Agreements with Assurances. We species prior to them being listed under
Captain of the Port, their designated propose to add the term ‘‘net the ESA (16 U.S.C. 1531 et seq.). The
representative, or the on-scene official conservation benefit’’ to the Candidate cumulative outcome of such
patrol. Conservation Agreements with conservation actions may result in not
(2) Persons or vessels operating Assurances regulations, and to eliminate needing to list a species; or may result
within a confined harbor or channel, references to ‘‘other necessary in listing a species as threatened instead
where there is not sufficient navigable properties’’ to clarify the level of of endangered, and provide the basis for
water outside of the safety zone to safely conservation effort we require each the species’ recovery and eventual
maneuver are allowed to operate within agreement to include in order for us to removal from the Federal List of
the safety zone and shall travel at the approve a Candidate Conservation Endangered and Threatened Wildlife.
minimum speed necessary to maintain a Agreement with Assurances. We are The Service put in place a voluntary
safe course. Vessels operating within the also proposing these changes to the conservation program for non-Federal
safety zone shall not come within 25 Candidate Conservation Agreement with property owners to help accomplish this
yards of a tall ship unless authorized by Assurances policy in a separate goal: Candidate Conservation
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
the cognizant Captain of the Port, their document published in today’s Federal Agreements with Assurances (CCAAs).
designated representative, or the on- Register. On June 17, 1999, the policy for this
scene official patrol. DATES: We will accept comments that type of agreement (64 FR 32726) and
(3) When a tall ship approaches any we receive on or before July 5, 2016. implementing regulations in part 17 of
vessel that is moored or anchored, the Comments submitted electronically title 50 of the Code of Federal
stationary vessel must stay moored or using the Federal eRulemaking Portal Regulations (CFR) (64 FR 32706) were
anchored while it remains within the (see ADDRESSES, below) must be made final. On May 3, 2004, we
tall ship’s safety zone unless ordered by received by 11:59 p.m. Eastern Time on published a final rule (69 FR 24084) to
or given permission from the cognizant the closing date. revise the CCAA regulations to make
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Document Created: 2016-05-04 01:22:45
Document Modified: 2016-05-04 01:22:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before June 3, 2016. | |
| Contact | If you have questions about this proposed rulemaking, call or email Mark Bobal, Ninth District Inspections and Investigations Branch, Passenger Vessel Safety Specialist, U.S. Coast Guard; telephone 216-902-6052, email [email protected] | |
| FR Citation | 81 FR 26767 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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