[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Rules and Regulations]
[Pages 35296-35299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15008]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR PART 165
[Docket No. USCG-2010-0506]
RIN 1625-AA00
Safety Zones; 2010 Muskegon Summer Celebration Air Show, Muskegon
Lake, Muskegon, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones on
Muskegon Lake near Muskegon, Michigan. These zones are intended to
restrict vessels from two portions of Muskegon Lake due to the 2010
Muskegon Summer Celebration Air Show. These temporary safety zones are
necessary to protect the surrounding public and vessels from the
hazards associated with an air show.
DATES: This rule is effective from 11 a.m. on June 25, 2010 until 5
p.m. on June 27, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0506 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0506 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email BM1 Adam Kraft, U.S. Coast Guard, Sector
Lake Michigan, telephone (414) 747-7154, e-mail [email protected].
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are
[[Page 35297]]
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule because it is contrary to the public interest to delay the
effective date of this rule. Delaying the effective date by first
publishing an NPRM would be contrary to the safety zone's intended
objective since immediate action is needed to protect person's and
vessels against the hazards associated with air shows. Additionally,
the zone should have negligible impact on vessel transits due to the
fact that vessels will be limited from the area for only six hours each
day the zones are in effect and vessels can still transit in the
majority of Muskegon Lake during the event. Accordingly, 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. 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.
Basis and Purpose
The temporary safety zones established by this rule are necessary
to protect vessels and spectators from the hazards associated with the
2010 Muskegon Summer Celebration Air Show. The Captain of the Port,
Sector Lake Michigan, has determined that the Muskegon Summer
Celebration Air Show presents a significant risk to public safety and
property. The likely combination of congested waterways and an air show
presents a significant risk of serious injuries or fatalities.
Discussion of Rule
The first safety zone will encompass all waters of Muskegon Lake,
in the vicinity of Muskegon, Michigan within a 12,000-foot by 3,000-
foot rectangle. The rectangle will be bounded by the points beginning
at 43[deg]13[min]55[sec] N, 086[deg]17[min]07[sec] W; then northeast to
43[deg]14[min]51[sec] N, 086[deg]15[min]07[sec] W; then northwest to
43[deg]15[min]14[sec] N, 086[deg]15[min]36[sec] W; then southwest to
43[deg]13[min]55[sec] N, 086[deg]17[min]33[sec] W; then back to the
point of origin. [DATUM: NAD 83]. The second safety zone will encompass
all waters of Muskegon Lake located within a 4,000-foot by 1,000-foot
rectangle. The rectangle will be bounded by the points beginning at
43[deg]13'53'' N, 086[deg]16'08'' W; then northeast to 43[deg]14'19''
N, 086[deg]15'29'' W; then northwest to 43[deg]14'29'' N,
086[deg]15'40'' W; then south west to 43[deg]14'03'' N, 086[deg]16'20''
W; then back to the point of origin. [DATUM: NAD 83]
All persons and vessels shall comply with the instructions of the
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port, Sector
Lake Michigan, or his or her on-scene representative. The Captain of
the Port, Sector Lake Michigan, or his or her on-scene representative
may be contacted via VHF Channel 16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. We conclude that this rule is not a
significant regulatory action because we anticipate that it will have
minimal impact on the economy, will not interfere with other agencies,
will not adversely alter the budget of any grant or loan recipients,
and will not raise any novel legal or policy issues. The safety zones
will be relatively small and will exist for only a minimal time. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by proper authority.
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 will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of Muskegon Lake between 11 a.m. on June
25, 2010 and 5 p.m. on June 27, 2010.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be enforced for short period of time. Vessels may safely
pass outside the safety zones during the event. In the event that the
temporary safety zones affect shipping, commercial vessels may request
permission from the Captain of the Port, Sector Lake Michigan, to
transit through the safety zones. 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 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 35298]]
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 (adjusted for inflation) or more in any one year. Though
this rule will 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 cause 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.
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 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a temporary
safety zone and is therefore categorically excluded under paragraph
34(g) of the Instruction.
A final environmental analysis check list and categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. Add Sec. 165.T09-0506 to read as follows
Sec. 165.T09-0506 Safety Zones; 2010 Muskegon Summer Celebration Air
Show, Muskegon Lake, Muskegon, MI
(a) Locations. (1) The first safety zone will encompass all waters
of Muskegon Lake, the vicinity of Muskegon, Michigan within a 12,000-
foot by 3,000-foot rectangle. The rectangle will be bounded by the
points beginning at 43[deg]13'55'' N, 086[deg]17'07'' W; then northeast
to 43[deg]14'51'' N, 086[deg]15'07'' W; then northwest to
43[deg]15'14'' N, 086[deg]15'36'' W; then southwest to 43[deg]13'55''
N, 086[deg]17'33'' W; then back to the point of origin. [DATUM: NAD
83].
(2) The second safety zone will encompass all waters of Muskegon
Lake located within a 4,000-foot by 1,000-foot rectangle. The rectangle
will be bounded by the points beginning at 43[deg]13'53'' N,
086[deg]16'08'' W; then northeast to 43[deg]14'19'' N, 086[deg]15'29''
W; then northwest to 43[deg]14'29'' N, 086[deg]15'40'' W; then south
west to 43[deg]14'03'' N, 086[deg]16'20'' W; then back to the point of
origin. [DATUM: NAD 83]
(b) Effective period. This regulation is effective from 11 a.m. on
June 25, 2010 to 5 p.m. on June 27, 2010. This regulation will be
enforced from 11 a.m. to 5 p.m. daily from June 25, 2010 to June 27,
2010. The Captain of the Port, Sector Lake Michigan, or his or her on-
scene representative may terminate enforcement of the safety zones at
any time.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within these safety zones is prohibited unless authorized by the
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative.
(2) These safety zones are closed to all vessel traffic, except as
may be permitted by the Captain of the Port, Sector Lake Michigan, or
his or her on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan, to act on his or her behalf. The on-scene representative of
the Captain of the Port, Sector Lake Michigan, will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter or operate within these
safety zones shall contact the Captain of the Port, Sector Lake
Michigan, or his or her on-scene representative to obtain permission to
do so. The Captain of the
[[Page 35299]]
Port, Sector Lake Michigan, or his or her on-scene representative may
be contacted via VHF Channel 16. Vessel operators given permission to
enter or operate in the safety zones must comply with all directions
given to them by the Captain of the Port, Sector Lake Michigan, or his
or her on-scene representative.
Dated: June 7, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-15008 Filed 6-21-10; 8:45 am]
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