[Federal Register Volume 68, Number 134 (Monday, July 14, 2003)]
[Rules and Regulations]
[Pages 41531-41532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17724]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-235]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

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 vessel from a portion of 
Lake Michigan.

DATES: This temporary final rule is effective from 8:30 a.m. on July 
17, 2003, until 7 p.m. on July 20, 2003.

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 [CGD09-03-235] 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: MST2 Kenneth Brockhouse, 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. Under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that 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 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 previously with regard to 
this event.

Background and Purpose

    A temporary safety zone is necessary to ensure the safety of 
participants and spectators from the hazards associated with an air and 
water show. 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.

Discussion of Rule

    The safety zone will encompass 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[min]25[sec] N, 087[deg]15[min]42[sec] W (off of Miller Beach 
Ogden Dunes). These coordinates are based upon North American Datum 
1983 (NAD 1983).

[[Page 41532]]

Regulatory Evaluation

    This temporary 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 Homeland Security (DHS).
    The Coast Guard expects the economic impact of this proposal to be 
so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS 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 section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601-612) 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 (Public Law 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).

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.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From 8:30 a.m. on July 17, 2003 through 7 p.m. on July 20, 2003 add 
a new temporary Sec.  165.T09-235 to read as follows:


Sec.  165.T09-235  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[min]25[sec] N, 087[deg]15[min]42[sec] W (off of Miller Beach 
Ogden Dunes)(NAD 1983).
    (b) Enforcement periods. This rule is effective from 8:30 a.m. on 
July 17, 2003, through 7 p.m. on July 20, 2003. This section will be 
enforced from 8:30 a.m. through 7 p.m. on July 18, 2003; from 8:30 a.m. 
through 7 p.m. on July 19, 2003; and again from 8:30 a.m. through 7 
p.m. on July 20, 2003.
    (c) Regulations. In accordance with Sec.  165.23, 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 general requirements.

    Dated: June 30, 2003.
Raymond E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 03-17724 Filed 7-11-03; 8:45 am]
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