[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Proposed Rules]
[Pages 32280-32282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15049]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-025]
RIN 2115-AA97


Safety Zone: Air and Water Show, Gary, IN

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone for an air 
show at Miller Beach at Marquette Park, Gary, Indiana. This action is 
necessary to provide for the safety of life and property on the 
surrounding waters during this event. This action is intended to 
restrict vessel traffic in a portion of Lake Michigan.

DATES: Comments and related material must reach the Coast Guard on or 
before June 29, 2001.

ADDRESSES: You may mail comments and related material to: Commanding 
Officer, U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd 
Street, Suite D, Burr Ridge, Illinois 60521. Marine Safety Office 
Chicago 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 will be available for inspection or copying at MSO 
Chicago between 7:30 a.m. and 4 p.m. Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: MST2 Mike Hogan, U.S. Coast Guard 
Marine Safety Office Chicago, 215 W. 83rd Street, Suite D, Chicago, 
Illinois 60521 (630) 986-2175.

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 on this rulemaking (CGD09-01-
025), indicate the specific section of this proposal to which each 
comment applies, and give the reason(s) for each comment. Please submit 
all comments and attachments in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for photocopying and electronic filing. If 
you would like to know they reached us, please enclose a stamped, self-
addressed envelope or postcard.
    The Coast Guard will consider all comments received during the 
comment period. We may change this proposed rule in view of them.

Public Meeting

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

Background and Purpose

    The Coast Guard proposes to establish a temporary safety zone for 
the Gary Indiana air show occurring on July 20-22, 2001. The proposed 
safety zone encompasses the waters off Miller Beach at Ogden Dunes 
bounded by the arc of a circle with a five nautical mile radius with 
its center in approximate position 41 deg.37'01" N, 087 deg.15'0" W.
    Based on recent accidents that have occurred in other Captain of 
the Port zones and the hazards associated with this event, the Captain 
of the Port has determined that the air show in close proximity to 
watercraft poses a significant risk to public safety and property. The 
likely combination of large numbers of recreational boaters, and 
congested waterways could easily result in serious injuries or 
fatalities. Establishing a safety zone to control vessel movement 
within a 5 nautical mile radius of Miller Beach will help ensure the 
safety of persons and property at this event and help minimize the 
associated risk.
    Establishing a temporary safety zone by notice and comment 
rulemaking gives the public the opportunity to comment on the proposed 
zone, provides better notice than promulgating temporary rules 
annually, and decreases the amount of annual paperwork required for 
these events. The Coast Guard has not previously received notice of any 
impact caused by these events.

Discussion of Proposed Rule

    The proposed safety zone would be in effect from 8:15 a.m. (local) 
to 5 p.m. (local), July 20 through July 22, 2001. Vessels may not 
enter, remain in, or transit through this safety zone during this time 
frame unless authorized by the Captain of the Port Chicago, or 
designated on scene Coast Guard patrol personnel, as provided for in 33 
CFR 165.23.
    This safety zone will include the entrance to the Burns 
International Harbor and the entrance to the Portage-Burns Waterway. 
Vessels will be prohibited from entering or exiting either of these 
while the safety zone is in effect. Vessels may contact the Captain of 
the Port Chicago or the designated on scene representative if they wish 
to enter or transit through the safety zone via U.S. Coast Guard Group 
Milwaukee on Channel 16, VHF-FM.

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 this 
rule 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 10(e) of the regulatory policies and procedures of DOT is 
unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zones, and all of the zones are in areas where 
the Coast Guard expects insignificant adverse

[[Page 32281]]

impact to mariners from the zones' activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant 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.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of commercial 
vessels intending to transit a portion of an activated safety zone.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
proposed zone is only in effect for several hours on the days of the 
event. Vessel traffic can safely pass outside the proposed safety zone 
during the events. In cases where traffic congestion is greater, 
traffic may be allowed to pass through the safety zone under Coast 
Guard escort with the permission of the Captain of the Port Chicago. 
Before the effective period, we will issue maritime advisories widely 
available to users of the Port of Chicago by the Ninth Coast Guard 
District Local Notice to Mariners, Marine information broadcasts, and 
facsimile broadcasts may also be made. Additionally, the Coast Guard 
has not received any negative reports from small entities affected 
during these displays in previous years.
    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.

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 rule so that they can better evaluate 
its effects and participate in the rulemaking process. 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 Marine Safety Office Chicago 
(see 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. This 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

    The Coast Guard has 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.

Environment

    We have 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. A written categorical 
exclusion determination is available in the docket for inspection or 
copying where indicated under ADDRESSES.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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 Sec. 165.T09-914 to read as follows:


Sec. 165.T09-914  Safety Zone: Lake Michigan, Gary, IN.

    (a) The following area is designated a safety zone:
    (1) Location. The waters off Miller Beach at Ogden Dunes, Lake 
Michigan, bounded by the arc of a circle with a 5 nautical mile radius 
with its center located at approximate position: 41 deg.37'01" N, 
087 deg.15'0" W.
    (2) Effective period. This section is effective daily from 8:15 
a.m. (local) to 5 p.m. (local) on July 20-22, 2001.
    (b) Regulations. 
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or designated on scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. 
Coast Guard vessel via siren, radio, flashing light, or other means, 
the operator shall proceed as directed.
    (3) The safety zone encompasses a portion of Lake Michigan. This 
safety zone is being established to protect the boating public in the 
vicinity of an air and water show in Gary, Indiana. In

[[Page 32282]]

cases where shipping is affected, commercial vessels may request 
permission from the Captain of the Port Chicago to transit the safety 
zone. Approval will be made on a case-by-case basis. Requests must be 
made in advance and approved by the Captain of the Port before transits 
will be authorized. The Captain of the Port may be contacted via U.S. 
Coast Guard Group Milwaukee on Channel 16, VHF-FM.

    Dated: June 6, 2001.
R.E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 01-15049 Filed 6-13-01; 8:45 am]
BILLING CODE 4910-15-U