[Federal Register Volume 66, Number 123 (Tuesday, June 26, 2001)]
[Proposed Rules]
[Pages 33928-33930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16019]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-037]
RIN 2115-AA97


Safety Zone; Kalamazoo Lake, Saugatuck, Michigan

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone for a 
fireworks display on Kalamazoo Lake, Saugatuck, Michigan. This action 
is necessary to provide for the safety of life and property on 
navigable waters during this event. This action is intended to restrict 
vessel traffic in a portion of Kalamazoo Lake.

DATES: Comments and related material must reach the Coast Guard on or 
before July 11, 2001.

[[Page 33929]]


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 for this rulemaking [CGD09-01-
037], 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 enclose 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 now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to MSO Chicago 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 Coast Guard proposes to establish a temporary safety zone that 
will be activated for a fireworks display. The proposed safety zone 
will include the waters of Kalamazoo Lake bounded by the arc of a 
circle with a 1000-foot radius with its center in approximate position 
42 deg. 38'52.5" N, 086 deg. 12'18.15" W (NAD 1983).
    Based on recent accidents that have occurred in other Captain of 
the Port zones and the explosive hazard associated with this event, the 
Captain of the Port has determined that fireworks launches in close 
proximity to watercraft pose a significant risk to public safety and 
property. The likely combination of large numbers of inexperienced 
recreational boaters, congested waterways, darkness punctuated by 
bright flashes of light, and debris falling into the water could easily 
result in serious injuries or fatalities. Establishing a safety zone to 
control vessel movement within a 1000-foot radius of the fireworks 
launch platform will help ensure the safety of persons and property at 
these events and help minimize the associated risk.
    Establishing temporary safety zones by notice and comment 
rulemaking gives the public the opportunity to comment on the proposed 
zones, 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 size of this safety zone was determined using National 
Fire Protection Association and local area fire department standards, 
combined with the Coast Guard's knowledge of waterway conditions in 
these areas.
    The proposed safety zone would be in effect from 8 p.m. (local) to 
11:30 p.m. (local), July 28, 2001. Vessels may only enter, remain in, 
or transit through this safety zone during this time frame if 
authorized by the Captain of the Port Chicago, or designated on scene 
Coast Guard patrol personnel, as provided for in 33 CFR 165.23.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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.
    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 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 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.
    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 a few hours on the day of the 
event. Vessel traffic can safely pass outside the proposed safety zone 
during the events. In cases where traffic congestion is greater than 
expected, 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,

[[Page 33930]]

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, 
Federalism, 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) 
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 proposed 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 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 would not 
create an environmental risk to health or risk to safety that might 
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.lC, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket 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.

Energy Effects

    We have analyzed this proposed 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 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, 160.5; 49 CFR 1.46.

    2. Add section 165.T09-925 to read as follows:


Sec. 165.T09-925  Safety Zone: Kalamazoo Lake, Saugatuck, MI

    (a) The following area is designated a safety zone:
    (i) Location. The waters of Kalamazoo Lake bounded by the arc of a 
circle with a 1000-foot radius with its center in the middle of the 
fireworks launch barge, in approximate position 42 deg. 38'52.5" N, 
086 deg. 12'18.15" W (NAD 1983).
    (ii) Effective dates. This regulation is effective from 8 p.m. 
(local) to 11:30 p.m. (local) on July 28, 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 the 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.

    Dated: May 24, 2001.
R.E. Sebald,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 01-16019 Filed 6-25-01; 8:45 am]
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