[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19517]


[[Page Unknown]]

[Federal Register: August 10, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-94-022]
RIN 2115-AE46

 

Special Local Regulation; West Michigan Offshore Powerboat 
Challenge, Lake Michigan, Grand Haven, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: A special local regulation is being adopted for the marine 
event, West Michigan Offshore Powerboat Challenge. This event will be 
held on Lake Michigan, Grand Haven, MI on September 11, 1994. The West 
Michigan Offshore Powerboat Challenge will have an estimated 50-70 
offshore powerboats, racing in a closed course on Lake Michigan which 
could pose hazards to navigation in the area. This regulation is needed 
to provide for the safety of life, limb, and property on navigable 
waters during the event.

EFFECTIVE DATE: This regulation is effective from 12 p.m. (EDST) 3 p.m. 
(EDST), September 11, 1994.

FOR FURTHER INFORMATION CONTACT:
William A. Thibodeau, Marine Science Technician Second Class, U.S. 
Coast Guard, Aids to Navigation & Waterways Management Branch, Ninth 
Coast Guard District, 1240 East 9th Street, Cleveland, Ohio 44199-2060, 
(216) 522-3990.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of 
Proposed Rulemaking has not been published for this regulation and good 
cause exists for making it effective in less than 30 days from the date 
of publication. Following normal rulemaking procedures would have been 
impracticable. The application to hold this event was not received by 
the Commander, Ninth Coast Guard District until July 25, 1994, and 
there was not sufficient time remaining to publish a proposed rule in 
advance of the event or to provide for a delayed effective date.

Drafting Information

    The drafters of this regulation are Scott J. Smith, Lieutenant 
Junior Grade, U.S. Coast Guard, Project Officer, Aids to Navigation & 
Waterways Management Branch and Karen E. Lloyd, Lieutenant, U.S. Coast 
Guard, Project Attorney, Ninth Coast Guard District Legal Office.

Discussion of Regulation

    The West Michigan Offshore Powerboat Challenge will be held on Lake 
Michigan, Grand Haven, MI on September 11, 1994. This event will have 
an estimated 50-70 offshore powerboats, racing in a closed course on 
Lake Michigan which could pose hazards to navigation in the area. The 
effect of this regulation will be to restrict general navigation on 
that portion of Lake Michigan, between Grand Haven, MI and Port 
Sheldon, MI. This regulation is necessary to ensure the protection of 
life, limb, and property during this event. Any vessel desiring to 
transit the regulated area may do so only with prior approval of the 
Patrol Commander (Commanding Officer, U.S. Coast Guard Station Grand 
Haven, MI).
    This regulation is issued pursuant to 33 U.S.C. 1225 and 1231 as 
set out in the authority citation for all of Part 165.

Federalism Implications

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rulemaking does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under section 2.B.2.c of Coast Guard 
Commandant Instruction M16475.1B, it is categorically excluded from 
further environmental documentation.

Economic Assessment and Certification

    This regulation 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. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of the DOT is unnecessary.

Collection of Information

    This regulation will impose no collection of information 
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Temporary Regulation

    In consideration of the foregoing, Part 100 of Title 33, Code of 
Federal Regulations, is amended as follows:
    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A temporary section 100.35-T09022 is added to read as follows:


Sec. 100.35-T09022  West Michigan Offshore Powerboat Challenge, Lake 
Michigan, Grand Haven, MI.

    (a) Regulated area. That portion of Lake Michigan from:

Latitude                             Longitude                          
43 deg. 03.4' N                      086 deg. 15.3' W (Grand Haven      
South Pierhead Entrance Light, LLNR 18965), thence along the breakwater 
 and shoreline to                                                       
                                                                        
42 deg. 54.8' N                      086 deg. 13', thence to            
42 deg. 54.8' N                      086 deg. 15.7', thence to          
43 deg. 03.4' N                      086 deg. 15.7', thence to          
43 deg. 03.4' N                      086' 15.3' W (Grand Haven          
South Pierhead Entrance Light, LLNR 18965).                             
                                                                        

    (b) Special local regulation. This regulation restricts general 
navigation in the regulated area for the safety of spectators and 
participants. Any vessel desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander.
    (c) Patrol commander. (1) The Coast Guard will patrol the regulated 
area under the direction of a designated Coast Guard Patrol Commander 
(Commanding Officer, U.S. Coast Guard Station Grand Haven, MI). The 
Patrol Commander may be contacted on channel 16 (156.8 MHZ) by the call 
sign ``Coast Guard Patrol Commander.''
    (2) The Patrol Commander may direct the anchoring, mooring, or 
movement of any boat or vessel within the regulated area. A succession 
of sharp, short signals by whistle or horn from vessels patrolling the 
area under the direction of the U.S. Coast Guard Patrol Commander shall 
serve as a signal to stop. Any vessel so signaled shall stop and shall 
comply with the orders of the Patrol Commander. Failure to do so may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (3) The Patrol Commander may establish vessel size and speed 
limitations and operating conditions.
    (4) The Patrol Commander may restrict vessel operation within the 
regulated area to vessels having particular operating characteristics.
    (5) The Patrol Commander may terminate the marine event or the 
operation of any vessel at any time it is deemed necessary for the 
protection of life, limb, or property.
    (6) All persons in the area shall comply with the orders of the 
Coast Guard Patrol Commander.
    (d) Effective date. This section will become effective from 12 p.m. 
(ESDT) until 3 p.m. (EDST) on September 11, 1994, unless otherwise 
terminated by the Coast Guard Patrol Commander (Commanding Officer, 
U.S. Coast Guard Station Grand Haven, MI).

    Dated: July 26, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-19517 Filed 8-9-94; 8:45 am]
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