[Federal Register: August 27, 2003 (Volume 68, Number 166)]
[Rules and Regulations]
[Page 51449-51451]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au03-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-261]
RIN 1625-AA00
Safety Zone; 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 for the
Chicago to Saint Joseph sailboat race. The safety zone encompasses a
portion of Lake Michigan. This safety zone is necessary to ensure
vessel safety in the vicinity of the race start area, protecting both
competitors and spectators from hazards associated with this sail boat
race. This safety zone is intended to restrict vessel traffic from a
portion of southern Lake Michigan.
DATES: This temporary final rule is effective from 7 a.m. until 10 a.m.
on August 29, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CDG09-03-261 and are available for
inspection or copying at U.S. Coast Guard Marine Safety Office, 215 W.
83rd Street, 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) 986-2125.
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) and under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for not publishing an NPRM and
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.
[[Page 51450]]
Background and Purpose
During the start of the Chicago to Saint Joseph sailboat race, the
Coast Guard is establishing a safety zone encompassing the starting
area. The Coast Guard expects approximately 150 vessels to participate
in this event. This safety zone is required to ensure the safety of
vessels and spectators from hazards associated with this sailing event.
Entry into, transit through or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port Chicago or the
designated On-Scene Representative. The Captain of the Port Chicago or
the designated On-Scene Representative on scene may be contacted on VHF
Channel 16.
Discussion of Rule
The safety zone will encompass all waters of Lake Michigan bounded
by the arc of a circle with a 1000-foot radius with its center in
approximate position 41[deg]52'67'' N; 087[deg]35'24'' W. These
coordinates are based upon North American Datum 1983 (NAD 83). All
vessels except those officially participating in this event are
prohibited from entering the safety zone without the permission of the
Captain of the Port Chicago or his on-scene representative.
Regulatory Evaluation
This proposed 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 this
rule under that order. It is not significant under the regulatory
policies and procedures of the Department of Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DOT is unnecessary.
This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is in an area where the Coast
Guard expects insignificant adverse impact to mariners from the zones'
activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of commercial
vessels intending to transit a portion of an activated safety zone.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
proposed zone is only in effect for 3 hours on the day of the event.
The designated area is being established to allow for maximum use
of the waterway for commercial vessels to enjoy the sailboat race 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 want to assist small
entities in understanding this rule so that they can better evaluate
its effects and participate in the rulemaking process. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Marine Safety Office Chicago
(see ADDRESSES.)
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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under Executive Order 13132 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)
governs the issuance of Federal regulations that 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 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 proposed rule would 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 proposed 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 proposed 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 concern an environmental risk to health or risk to safety that
may disproportionately affect children.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph 34(g) of Commandant
Instruction M16475.1D, this proposed rule is categorically excluded
from further environmental documentation. A written categorical
exclusion determination is available in the docket for inspection or
copying where indicated under ADDRESSES.
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''
[[Page 51451]]
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.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, 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. A new temporary safety zone Sec. 165.T09-261 is added to read as
follows:
Sec. 165.T09-261 Safety Zone; Lake Michigan, Chicago, Illinois.
(a) Location. The following is a safety zone: All waters of Lake
Michigan bounded by the arc of a circle with a 1000-foot radius with
its center in approximate position 41[deg] 52'67'' N; 087[deg] 35'24''
W (NAD 83).
(b) Effective period. This section is effective from 7 a.m. until
10 a.m. on August 29, 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: August 12, 2003.
Terrence W. Carter,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 03-21958 Filed 8-26-03; 8:45 am]
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