[Federal Register Volume 67, Number 135 (Monday, July 15, 2002)]
[Rules and Regulations]
[Pages 46388-46389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17742]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-020]


Safety Zone; Gary Air and Water Show, Lake Michigan, Gary, IN

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Gary Air and Water Show. The safety zone is necessary to protect 
vessels, participants and spectators during the Gary Air and Water 
Show. This safety zone is intended to restrict vessels from a portion 
of Lake Michigan.

DATES: This temporary final rule is effective from 8:30 a.m. (local), 
on July 19, 2002, until 11 p.m. (local) on July 21, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CDG09-02-020] and are available for 
inspection or copying at Marine Safety Office Chicago, 215 W. 83rd 
Street, Suite D, Chicago, Illinois 60527, between 7:30 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MST3 Kathryn Varela, U.S. Coast Guard 
Marine Safety Office Chicago, at (630) 986-2155.

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. 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, injury, or damage to property or the environment.

Background and Purpose

    A temporary safety zone is necessary to ensure the safety of 
vessels and spectators from the hazards associated with firework 
displays. Based on recent accidents that have occurred in other Captain 
of the Port zones, and the explosive hazard of fireworks, the Captain 
of the Port Chicago has determined firework launches in close proximity 
to watercraft pose significant risks to public safety and property. The 
likely combination of large numbers of recreational vessels, congested 
waterways, darkness punctuated by bright flashes of light, alcohol use, 
and debris falling into the water could easily result in serious 
injuries or fatalities. Establishing a safety zone to control vessel 
movement around the location of the launch platforms will help ensure 
the safety of person and property at these events and help minimize any 
risks.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Entry into, transiting, or anchoring within the safety zone 
is prohibited unless authorized by the Captain of the Port Chicago or 
his designated on scene representative. The Captain of the Port 
Chicago's designated on scene representative will be the Patrol 
Commander. The Captain of the Port or his designated on scene 
representative may be contacted via VHF Channel 16.

Regulatory Evaluation

    This temporary 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). The Coast Guard 
expects the economic impact of this proposal to be so minimal that a 
full Regulatory Evaluation under paragraph 10(e) of the regulatory 
policies and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule will have a significant impact on a 
substantial number of small businesses and not-for-profit organizations 
that are independently owned and operated are not dominant in their 
respective fields, and governmental jurisdictions with populations less 
than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this temporary 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
offered to assist small entities in understanding this rule so that 
they can better evaluate its effectiveness 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, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

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

[[Page 46389]]

Federalism

    The Coast Guard has analyzed this rule under Executive Order 13132, 
Federalism, and has determined that this rule does not have 
implications 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 would 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

    The Coast Guard has 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.

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.

Environment

    We have considered the environmental impact of this 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 for inspection or copying where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITITED 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. From 8:30 a.m. on July 19, 2002 until 11 p.m. on July 21, 2002, 
a new temporary Sec. 165.T09-011 is added to read as follows:


Sec. 165.T09-011  Safety Zone; Lake Michigan, Gary, Indiana.

    (a) Location. The following is a safety zone: all waters and 
adjacent shoreline of Lake Michigan bounded by the arc of a circle with 
a radius of 5 nautical miles with its center in approximate position 
41 deg.37'25" N, 087 deg.15'42" W (off of Miller Beach Ogden Dunes). 
These coordinates are based upon North American Datum 1983 (NAD 1983).
    (b) Enforcement periods. This section will be enforced from 8:30 
a.m. to 5 p.m. (local), on July 19, 2002; from 8:30 a.m. to 5 p.m. 
(local), on July 20, 2002; and from 8:30 a.m. to 11 p.m. on July 21, 
2002.
    (c) Regulations. In accordance with 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 on scene 
representative. Section 165.23 also contains other applicable 
requirements.

    Dated: June 28, 2002.
R.E. Seebald,
Captain, Coast Guard, Captain of the Port Chicago.
[FR Doc. 02-17742 Filed 7-12-02; 8:45 am]
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