[Federal Register Volume 66, Number 108 (Tuesday, June 5, 2001)]
[Rules and Regulations]
[Pages 30059-30061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14097]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 165

[CGD09-01-032]
RIN 2115-AA97


Safety Zone: U.S. Aerospace Challenge, Holland, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing a portion of Lake Michigan near Holland, Michigan. This 
safety zone is necessary for the protection of passengers and vessels 
during a planned rocket launch show over Lake Michigan. The safety zone 
is intended to restrict vessel traffic from the waters of Lake Michigan 
off Holland, Michigan.

DATES: This temporary final rule is effective from 9 a.m. (local) and 
terminates at 2 p.m. (local), June 2, 2001.

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 CDG09-01-032 and are available for inspection or 
copying at: U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd 
Street, Chicago, Illinois 60521 or deliver them to the Coast Guard 
Marine Safety Office, 215 W. 83rd Street, Suite D, Burr Ridge, Illinois 
and are available for inspection or copying between 7:30 a.m. and 4 
p.m. Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MST2 Mike Hogan, U.S. Coast Guard 
Marine Safety Office, 215 W. 83rd Street, Burr Ridge, Illinois 60521. 
The telephone number is (630) 986-2175.

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 it effective less than 30 days 
after publication in the Federal Register. The permit application was

[[Page 30060]]

not received in time to publish an NPRM followed by a temporary final 
rule that would be effective before the necessary date. Publication of 
a notice of proposed rulemaking and delay of effective date would be 
contrary to the public interest because immediate action is necessary 
to prevent possible loss of life, injury, or damage to property or the 
environment.

Background and Purpose

    A temporary safety zone is required to ensure safety of vessels and 
spectators from hazards associated with rocket launches. 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.
    The safety zone will encompass all waters of Lake Michigan bounded 
by the lines of a triangle with corners at approximate positions 
42 deg. 46'24" N, 086 deg.12'57" W; 42 deg.46'25" N, 086 deg.14'08" W; 
42 deg.47'09" N, 086 deg.13'33" W. The rockets will be launched for the 
end of the Holland State Park Northern Pier. The Captain of the Port 
Chicago or his designated on scene representative have the authority to 
terminate the event.
    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 or his 
designated on scene representative may be contacted via VHF Channel 16.

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 Transportation (DOT) (44 
FR 11040, February 26, 1979). We expect the economic impact of this 
proposed rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of 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 few hours on the day of the event; 
vessel traffic can safely pass outside the proposed safety zone during 
the event; and traffic may be allowed to pass through the safety zone 
under Coast Guard escort with the permission of the Captain of the Port 
Chicago. Before the effective period, we will issue maritime advisories 
widely available to users of Lake Michigan by the Ninth Coast Guard 
District Local Notice to Mariners, Marine information broadcasts, and 
facsimile broadcasts may also be made.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 require unfunded 
mandates. An unfunded mandate is a regulation that requires a state, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

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.

[[Page 30061]]

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, 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.

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.

    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

    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 and 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T09-914 is added to read as follows:


Sec. 165.T09-914  Safety Zone: Lake Michigan, Holland, MI.

    (a) Location. The following area is a safety zone: The waters of 
Lake Michigan off Holland State Park North Pier, bounded by the sides 
of a triangle with corners in approximate positions: 42 deg.46'24" N, 
086 deg.12'57" W; 42 deg.46'25" N, 086 deg.14'08" W; 42 deg.47'09" N, 
086 deg.13'33" W.
    (b) Effective Date. This safety zone is effective from 9 a.m. 
(local) until 2 p.m. (local), June 2, 2001.
    (c) Regulations. This safety zone is being established to protect 
the boating public in the vicinity of a planned rocket launch show over 
Lake Michigan. In accordance with the general regulations in 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 16, 2001.
R. E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port, Chicago.
[FR Doc. 01-14097 Filed 6-4-01; 8:45 am]
BILLING CODE 4910-15-U