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Safety Zone; APBA Silver Cup Race, Lake Michigan, Grand Haven, MI
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 27, 2003 (Volume 68, Number 166)]
[Rules and Regulations]
[Page 51451-51452]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au03-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-260]
RIN 1625-AA00
Safety Zone; APBA Silver Cup Race, Lake Michigan, Grand Haven, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
APBA Silver Cup Race. The safety zone is necessary to protect
participants and spectators during the event. This safety zone is
intended to restrict vessels from a portion of Lake Michigan.
DATES: This temporary final rule is effective from 1 p.m. until 7 p.m.
(local) on August 31, 2003. A rain date is scheduled for September 1,
2003 from 12 a.m. (noon) until 7 p.m. (local).
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CDG09-03-260]
and are available for inspection or
copying at Marine Safety Office Chicago, 215 W. 83rd Street, Suite D,
Burr Ridge, Illinois 60527, between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: MST2 Kenneth Brockhouse, U.S. Coast
Guard Marine Safety Office Chicago, at (630) 986-2155.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. 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. The permit
application was not received in time to publish an NPRM followed by a
final rule before the effective date. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event and immediate action is necessary to
prevent possible loss of life or property. The Coast Guard has not
received any complaints or negative comments previously with regard to
this event.
Background and Purpose
For the duration of the APBA Silver Cup Race, the Coast Guard is
establishing a safety zone encompassing the race area to protect
participating vessels and spectators from the hazards associated with a
power boat race. The Coast Guard expects approximately 30 to 40 vessels
to participate in this event. The likely combination of large numbers
of recreational vessels and congested waterways could easily result in
serious injuries or fatalities. Establishing a safety zone to control
vessel movement around the location of the race area will help ensure
the safety of persons and property of these events and help minimize
the associated risks. All persons and vessels shall comply with the
directions of the Coast Guard Captain of the Port or the designated On-
Scene Representative. Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port
Chicago or his designated On-Scene Representative and may be reached
via VHF radio channel 16.
Discussion of Rule
The safety zone will include all navigable waters of Lake Michigan
encompassed by a line connecting the following points beginning at
South Pier Head, 43[deg]03.4' N, 86[deg]15.4' W; then heading west to
43[deg]03.2' N, 86[deg]16.2' W; then south to 43[deg]01.1' N,
86[deg]15.3' W; then east to 43[deg]01.4' N, 86[deg]14.2' W; then north
to 43[deg]03.5' N, 86[deg]15.0' W; then back to the point of origin.
These coordinates are based upon North American Datum 1983 (NAD 1983).
Regulatory Evaluation
This temporary rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. The Office of Management and Budget has not reviewed it
under that order. It is not significant under the regulatory policies
and procedures of the Department of Homeland Security (DHS). The Coast
Guard expects the economic impact of this proposal to be so minimal
that a full Regulatory Evaluation under the regulatory policies and
procedures of DHS is unnecessary.
[[Page 51452]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule will have a significant impact on a
substantial number of small businesses and not-for-profit organizations
that are independently owned and operated are not dominant in their
respective fields, and governmental jurisdictions with populations less
than 50,000.
The Coast Guard certifies under section 605 (b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this temporary final rule
will not have a significant economic impact on a substantial number of
small entities.
Assistance for Small Entities
In accordance with sec. 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Public Law 104-121), the Coast Guard
offered to assist small entities in understanding this rule so that
they can better evaluate its effectiveness and participate in the
rulemaking process. 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, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this rule under Executive Order 13132,
Federalism, and has determined that this rule does not have
implications under that Order.
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 or more in any
one year. Though this rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3 (b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
The Coast Guard has analyzed this rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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:
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
? 2. A new temporary safety zone Sec. 165.T09-260, is added to read as
follows:
Sec. 165.T09-260 Safety Zone; Lake Michigan, Grand Haven, MI.
(a) Location. The following is a safety zone: all navigable waters
of Lake Michigan encompassed by a line connecting the following points
beginning at South Pier Head at 43[deg]03.4' N, 86[deg]15.4' W; then
heading west to 43[deg]03.2' N, 86[deg]16.2' W; then south to
43[deg]01.1' N, 86[deg]15.3' W; then east to 43[deg]01.4' N,
86[deg]14.2' W; then north 43[deg]03.5' N, 86[deg]15.0' W; then back to
the point of origin. (NAD 83).
(b) Enforcement period. This section will be enforced from 1 p.m.
until 7 p.m. (local) on August 31, 2003.
(c) Alternate enforcement period. In the event that inclement
weather prevents the events from being held on August 31, this section
will be enforced from 12 a.m. (noon) until 7 p.m. (local) on September
1, 2003.
(d) Regulations. In accordance with Sec. 165.23, entry into this
zone is prohibited unless authorized by the Coast Guard Captain of the
Port, Chicago, or the designated On-Scene Representative. Section
165.23 also contains other general requirements.
Dated: August 12, 2003.
Terrence W. Carter,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 03-21957 Filed 8-26-03; 8:45 am]
BILLING CODE 4910-59-P