[Federal Register Volume 66, Number 141 (Monday, July 23, 2001)]
[Rules and Regulations]
[Pages 38155-38156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18243]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-087]
RIN 2115-AA97


Safety Zone; Lake Michigan, Pentwater, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Pentwater Homecoming fireworks in Pentwater, MI. This safety zone 
is necessary to protect vessels and spectators from potential airborne 
hazards during a planned fireworks display over Lake Michigan. The 
safety zone is intended to restrict vessels from a portion of Lake 
Michigan off Pentwater, Michigan.

DATES: This rule is effective from 9:15 p.m. to 10:45 p.m. (local), 
August 11, 2001.

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 [CGD09-01-087] and are available for inspection or 
copying at Marine Safety Office Chicago, 215 W. 83rd Street, Suite D, 
Burr Ridge, Illinois 60521, 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, 215 W. 83rd Street, Suite D, Burr Ridge, IL 
60521. The telephone number is (630) 986-2175.

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, and under 5 U.S.C. 553(d)(3), 
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 necessary 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 with regard to this event.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and spectators from hazards associated with a fireworks 
display. The safety zone consists of the waters of Lake Michigan within 
the arc of a circle with a 1000-foot radius from the fireworks launch 
site with its center in the approximate position of 43 deg.46'56.5" N, 
086 deg.26'38" W. Entry into, transit through or anchoring within this 
safety zone is prohibited unless authorized by the Captain of the Port, 
Chicago or the designated Patrol Commander. The designated Patrol 
Commander on scene may be contacted on VHF Channel 16. All geographic 
coordinates are North American Datum of 1983 (NAD83).

Regulatory Evaluation

    This 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)

[[Page 38156]]

(44 FR 11040, February 26, 1979). The Coast Guard expects the economic 
impact of this proposal to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule will affect the following entities: the owners or 
operators of vessels intending to transit or anchor in a portion of 
Lake Michigan from 9:15 p.m. to 10:45 p.m., August 11, 2001. This 
regulation would not have a significant economic impact for the 
following reasons. The regulation is only in effect for only one and 
one-half hours on one day. The designated area is being established to 
allow for maximum use of the waterway for commercial vessels to enjoy 
the fireworks display in a safe manner. In addition, commercial vessels 
transiting the area can transit around the area. The Coast Guard will 
give notice to the public via a Broadcast to Mariners that the 
regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them 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 by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

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

Federalism

    We have analyzed this 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 rule will 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 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 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 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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation.

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 set out 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. 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. A new temporary Sec. 165.T09-972 is added to read as follows:


Sec. 165.T09-972  Safety Zone; Lake Michigan, Pentwater, MI.

    (a) Location. The following area is designated a safety zone: the 
waters of Lake Michigan within the arc of a circle with a 1000-foot 
radius from the fireworks launch site with its center in the 
approximate position of 43 deg.46'56.5" N, 086 deg.26'38" W. (NAD 
1983).
    (b) Effective time and date. This section is effective from 9:15 
p.m. until 10:45 p.m. (local), on August 11, 2001.
    (c) Regulations. This safety zone is being established to protect 
the boating public during a planned fireworks display. In accordance 
with the general regulations in Sec. 165.23 of this part, entry into 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port, Chicago, or the designated Patrol Commander.

    Dated: July 5, 2001.
R.E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 01-18243 Filed 7-20-01; 8:45 am]
BILLING CODE 4910-15-U