[Federal Register Volume 66, Number 65 (Wednesday, April 4, 2001)]
[Proposed Rules]
[Pages 17832-17834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8186]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-009]
RIN 2115-AA97


Tall Ships Challenge 2001, Moving Safety Zone, Muskegon Lake, 
Muskegon, MI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a Moving Safety Zone 
during the Tall Ships Challenge 2001 parade of tall ships in Muskegon 
Lake and vicinity, Muskegon, Michigan, from 11 a.m. until 5 p.m. on 
Monday, August 13, 2001. These regulations are necessary to ensure the 
safe navigation of vessels and the safety of life and property during 
periods of heavy vessel traffic.

DATES: Comments must reach the Coast Guard on or before June 4, 2001.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Detachment (MSD) Grand Haven (CGD09-01-009), 650 S. 
Harbor Drive, Grand Haven, Michigan 49417. Coast Guard MSD Grand Haven 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and available for inspection or copying at Coast Guard MSD Grand 
Haven between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: LT David Berliner, Supervisor, Marine 
Safety Detachment Grand Haven (616) 850-2580.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD09-01-
009), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please include a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Coast Guard MSD Grand Haven at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Port of Muskegon American Sail Training Association Tall Ships 
Challenge 2001 will take place in Muskegon, Michigan, from August 9, 
2001 through August 13, 2001. During the Tall Ships Challenge 2001, a 
large number of tall ships will visit Muskegon Lake, with waterside 
events, in-port tours, and waterside moored vessel viewing. On Monday, 
August 13, 2001, from 11 a.m. to 5 p.m., the tall ships will take part 
in a ceremonial departure parade of tall ships, which is expected to 
attract a large number of spectator vessels. The Coast Guard will 
establish a Moving Safety Zone surrounding the participating tall ships 
to ensure the safety of participating and spectator vessels and 
personnel.
    The Moving Safety Zone will include the areas around and between 
all the vessels participating in the Tall Ships Challenge 2001 parade 
of tall ships during their transit in Muskegon Lake and vicinity on 
Monday, August 13, 2001. The Moving Safety Zone will include the area 
extending a distance of 100 yards ahead of the lead vessel in the 
parade, 100 yards abeam each vessel in the parade, and 100 yards astern 
of the last vessel in the parade. The Moving Safety Zone will ensure 
that spectator craft do not impede the path of any of the parade 
vessels.
    The vessel congestion due to the large number of participating and 
spectator vessels poses a significant threat to the safety of life. 
This proposed rulemaking is necessary to ensure the safety of life on 
the navigable waters of the United States.

Discussion of Proposed Rule

    In order to ensure vessel safety, a Moving Safety Zone is proposed 
for the vessels participating in the Tall Ships Challenge 2001 parade 
of tall ships on Monday, August 13, 2001. The Moving Safety Zone will 
be in effect around the vessels participating in the parade of tall 
ships from 11 a.m. until 5 p.m. on Monday, August 13, 2001. The parade 
of tall ships will begin at 11 a.m. on Monday, August 13, 2001 in 
Muskegon Lake at approximately 43 deg.14'36" N, 086 deg.15'44" W. The 
parade of tall ships will then proceed to waypoint 43 deg.13'37" N, 
086 deg.17'41" W, then to waypoint 43 deg.14'07" N, 086 deg.19'21" W, 
then outbound through Muskegon Lake Entrance Channel to the final 
parade waypoint in Lake Michigan at 43 deg.13'11" N, 086 deg.21'36" W. 
The parade of tall ships will finish at approximately 5 p.m. on Monday, 
August 13, 2001.

Regulatory Evaluation

    This proposed 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 Transportation (DOT) (44 FR 11040; 
February 26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. The Moving 
Safety Zone will be in effect for a limited time, and extensive advance 
notice will be made to the

[[Page 17833]]

maritime community via Local Notice to Mariners and marine safety 
information broadcasts. This temporary regulation is tailored to impose 
a minimal impact on maritime interests without compromising safety. 
Compensating for any adverse impacts are the favorable economic impacts 
that these events will have on commercial activity in the area as a 
whole from the boaters and tourists these events are expected to 
attract.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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. The proposed rule would affect the following 
entities, some of which might be small entities: The owners of 
businesses along the regulated portion of Muskegon Lake and vicinity, 
and the owners or operators of vessels intending to transit in the 
regulated portion of Muskegon Lake and vicinity from 11 a.m. EDT 
through 5 p.m. EDT on Monday, August 13, 2001. The proposed rule would 
not have a significant economic impact on a substantial number of small 
entities for the following reasons: The rule will be in effect for a 
short time, and before the effective period, we will issue extensive 
advance notice of the event to the maritime community via Local Notice 
to Mariners and marine safety information broadcasts.
    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 proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Coast Guard MSD Grand Haven at 
the address listed under ADDRESSES.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. The proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect 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 proposed 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

    We have analyzed this proposed 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 
concern 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. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribe, 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 considered the environmental impact of this proposed rule and 
concluded that under figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. This rule will not cause 
significant impacts on the environment; significantly change existing 
environmental conditions; have more than a minimal impact on protected 
properties; or provide inconsistencies with State, local or Federal 
laws. A ``Categorical Exclusion Determination'' is available in the 
docket where indicated under ADDRESSES.

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:

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; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T09-013 to read as follows:


Sec. 165.T09-013  Moving safety zone: tall ships challenge 2001, 
Muskegon Lake and Lake Michigan, Muskegon, Michigan.

    (a) Location. The waters of Muskegon Lake and Lake Michigan, 
Muskegon, Michigan.
    (b) Effective date. These regulations are in effect from 11 a.m. 
EDT until 5 p.m. EDT on Monday, August 13, 2001.
    (c) Regulations.
    (1) The following area is designated as a Moving Safety Zone for 
the Tall Ships Challenge 2001 parade of tall ships: All waters in an 
area extending a distance of 100 yards ahead of the lead vessel in the 
parade, 100 yards abeam each vessel in the parade, and 100 yards astern 
of the last vessel in the Tall Ships Challenge 2001 parade of tall 
ships. The Moving Safety Zone for the parade will begin at 11 a.m. on 
Monday, August 13, 2001 in Muskegon Lake at approximately 43 deg.14'36" 
N, 086 deg.15'44" W, and will remain with the parade of

[[Page 17834]]

tall ships beginning at 43 deg.14'36" N, 086 deg.15'44" W, proceeding 
to waypoint 43 deg.13'37" N, 086 deg.17'41" W, then to waypoint 
43 deg.14'07" N, 086 deg.19'21" W, then outbound through Muskegon Lake 
Entrance Channel to the final parade waypoint in Lake Michigan at 
43 deg.13'11" N, 086 deg.21'36" W. The Moving Safety Zone will 
terminate at 5 p.m. EDT on Monday, August 13, 2001 at position 
43 deg.13'11" N, 086 deg.21'36" W.
    (2) All vessel operators shall comply with the instructions of the 
U.S. Coast Guard Captain of the Port Chicago or the designated on-scene 
U.S. Coast Guard patrol personnel including commissioned, warrant, and 
petty officers. Permission to deviate from the above rules must be 
obtained from the Captain of the Port Chicago or his representative by 
VHF/FM radio, Channel 9 or by telephone at (616) 204-2877.

    Dated: March 27, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District, 
Cleveland, Ohio.
[FR Doc. 01-8186 Filed 4-3-01; 8:45 am]
BILLING CODE 4910-15-U