[Federal Register: June 10, 2002 (Volume 67, Number 111)]
[Rules and Regulations]
[Page 39597-39598]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn02-1]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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[[Page 39597]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-02-026]
RIN 2115-AA97
Safety Zone; Lake Macatawa Triathlon, Holland, 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 Lake Macatawa Triathlon in Holland, Michigan. This safety zone is
necessary to protect participants and spectators from potential hazards
during a planned triathlon where the swimming portion will occur in
Lake Macatawa. The safety zone is intended to restrict vessels from a
portion of Lake Macatawa off Holland, Michigan.
DATES: This rule is effective from 6:30 a.m. (local) to 12 p.m.
(local), June 15, 2002.
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 [CGD09-02-026] and are available for inspection or
copying at Marine Safety Office Chicago, 215 W. 83rd Street, Suite D,
Burr Ridge, 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) 986-2125.
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
participants 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
participants and spectators from the hazards posed by triathlon
swimmers in close proximity to vessel traffic. 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.
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) (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 Macatawa from 6:30 a.m. to 12 p.m., June 15, 2002. This regulation
would not have a significant economic impact for the following reasons.
The regulation is only in effect on one day for only five and a half
hours. The designated area is being established to allow for maximum
use of the waterway for commercial vessels to enjoy the air show 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 rule 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
[[Page 39598]]
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 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.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.
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
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.T09-016 is added to read as follows:
Sec. 165.T09-016 Safety Zone; Lake Macatawa, Holland, MI.
(a) Location. The following area is a safety zone: the waters of
Lake Macatawa off Dunton Park encompassed by a triangle starting at the
Dunton Park dock; to the eastern buoy at 42 deg.47.6' N, 086 deg.07.1'
W; to the western buoy at 42 deg.47.626' N, 086 deg.07.283' W; and back
to the starting point (NAD 1983).
(b) Effective date. This section is effective from 6:30 a.m.
(local) until 12 p.m. (local), on June 15, 2002. The designated Patrol
Commander on scene may be contacted on VHF Channel 16.
(c) Regulations. This safety zone is being established to protect
participants and spectators during a planned triathlon. 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: May 31, 2002.
R.E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 02-14520 Filed 6-7-02; 8:45 am]
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