[Federal Register: August 11, 2003 (Volume 68, Number 154)]
[Rules and Regulations]
[Page 47464-47465]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au03-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-253]
RIN 1625-AA00
Safety Zone; Red Bull Flugtag, Lake Michigan, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Red Bull Flugtag Chicago. The safety zone is necessary to protect
participants and spectators during the event. This safety zone is
intended to restrict vessels from a portion of Lake Michigan.
DATES: This rule is effective from 9:30 a.m. (local) until 7 p.m.
(local) on August 9, 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 [CGD09-03-253] 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: 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 launching
human powered flying machines. All persons and vessels shall comply
with the directions of the Coast Guard Captain of the Port or the
designated on-scene patrol representative. 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
and may be reached via VHF radio channel 16.
Discussion of Rule
The safety zone will encompass all waters and adjacent shoreline of
Lake Michigan beginning at a point of 41[deg]52'56''N,
087[deg]36[min]55[sec] W; then south to 41[deg]52[min]54[sec] N,
087[deg]36[min]55[sec] W; then east to 41[deg]52[min]54[sec] N,
087[deg]36[min]48[sec] W; then west to 41[deg]52[min]56[sec] N,
087[deg]36[min]48[sec] W. These coordinates are based upon North
American Datum 1983 (NAD 1983).
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 (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).
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
[[Page 47465]]
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.
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, 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 LIMITITED 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. A new Sec. 165.T09-253 is added to read as follows:
Sec. 165.T09-253 Safety Zone; Lake Michigan, Chicago, IL.
(a) Location. The following is a safety zone: all waters and
adjacent shoreline of Lake Michigan beginning at a point of
41[deg]52'56'' N, 087[deg]36'556'' W; then south to 41[deg]52'54'' N,
087[deg]36'55'' W; then east 41[deg]52'54'' N, 087[deg]36'48'' W; then
west to 41[deg]52'56'' N, 087[deg]36'48'' W; then back to the point of
origin (NAD 83).
(b) Enforcement period. This section will be enforced from 9:30
a.m. (local) until 7 p.m. (local) on August 9, 2003.
(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 general
requirements.
Dated: July 28, 2003.
Terrence W. Carter,
Captain, Coast Guard, Captain of the Port Chicago.
[FR Doc. 03-20331 Filed 8-8-03; 8:45 am]
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