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###### Department of Transportation

###### Coast Guard 

          - 33 CFR Part 165 
          - [CGD09-01-025] 
          - RIN 2115-AA97 

# AGENCY:

Coast Guard, DOT. 

# ACTION:

Notice of proposed rulemaking. 

# SUMMARY:

The Coast Guard proposes to establish a safety zone for an air show at Miller Beach at Marquette Park, Gary, Indiana. This action is necessary to provide for the safety of life and property on the surrounding waters during this event. This action is intended to restrict vessel traffic in a portion of Lake Michigan. 

# DATES:

Comments and related material must reach the Coast Guard on or before June 29, 2001. 

# ADDRESSES:

You may mail comments and related material to: Commanding Officer, U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd Street, Suite D, Burr Ridge, Illinois 60521. Marine Safety Office Chicago maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at MSO Chicago 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 Chicago, 215 W. 83rd Street, Suite D, Chicago, Illinois 60521 (630) 986-2175. 

# SUPPLEMENTARY INFORMATION:

## Request for Comments 

                    We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number on this rulemaking (CGD09-01-025), indicate the specific section of this proposal to which each comment applies, and give the reason(s) for each comment. Please submit all comments and attachments in an unbound format, no larger than 8                    1/2                     by 11 inches, suitable for photocopying and electronic filing. If you would like to know they reached us, please enclose a stamped, self-addressed envelope or postcard.                 

The Coast Guard will consider all comments received during the comment period. We may change this proposed rule in view of them. 

## Public Meeting 

                    We do not now plan to hold a public meeting. But you may request a public meeting by writing to MSO Chicago at the address listed under                     **ADDRESSES**                     explaining why one would be beneficial. If we determine that one would aid this rulemaking, the Coast Guard will hold a public meeting at a time and place announced by a later notice in the                     **Federal Register**                    .                 

## Background and Purpose 

The Coast Guard proposes to establish a temporary safety zone for the Gary Indiana air show occurring on July 20-22, 2001. The proposed safety zone encompasses the waters off Miller Beach at Ogden Dunes bounded by the arc of a circle with a five nautical mile radius with its center in approximate position 41°37′01″ N, 087°15′0″ W. 

Based on recent accidents that have occurred in other Captain of the Port zones and the hazards associated with this event, the Captain of the Port has determined that the air show in close proximity to watercraft poses a significant risk to public safety and property. The likely combination of large numbers of recreational boaters, and congested waterways could easily result in serious injuries or fatalities. Establishing a safety zone to control vessel movement within a 5 nautical mile radius of Miller Beach will help ensure the safety of persons and property at this event and help minimize the associated risk. 

Establishing a temporary safety zone by notice and comment rulemaking gives the public the opportunity to comment on the proposed zone, provides better notice than promulgating temporary rules annually, and decreases the amount of annual paperwork required for these events. The Coast Guard has not previously received notice of any impact caused by these events. 

## Discussion of Proposed Rule 

The proposed safety zone would be in effect from 8:15 a.m. (local) to 5 p.m. (local), July 20 through July 22, 2001. Vessels may not enter, remain in, or transit through this safety zone during this time frame unless authorized by the Captain of the Port Chicago, or designated on scene Coast Guard patrol personnel, as provided for in 33 CFR 165.23. 

This safety zone will include the entrance to the Burns International Harbor and the entrance to the Portage-Burns Waterway. Vessels will be prohibited from entering or exiting either of these while the safety zone is in effect. Vessels may contact the Captain of the Port Chicago or the designated on scene representative if they wish to enter or transit through the safety zone via U.S. Coast Guard Group Milwaukee on Channel 16, VHF-FM. 

## 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 zones, and all of the zones are in areas where the Coast Guard expects insignificant adverse                           ( print page 32281)                        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 would 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 several hours on the days of the event. Vessel traffic can safely pass outside the proposed safety zone during the events. In cases where traffic congestion is greater, 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 the Port of Chicago by the Ninth Coast Guard District Local Notice to Mariners, Marine information broadcasts, and facsimile broadcasts may also be made. Additionally, the Coast Guard has not received any negative reports from small entities affected during these displays in previous years. 

                    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 (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.**                    )                 

## 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. 

## 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 proposes to amend 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. Add § 165.T09-914 to read as follows: 

§ 165.T09-914 

(a) The following area is designated a safety zone: 

                            (1)                             *Location.*                            The waters off Miller Beach at Ogden Dunes, Lake Michigan, bounded by the arc of a circle with a 5 nautical mile radius with its center located at approximate position: 41°37′01″ N, 087°15′0″ W.                         

                            (2)                             *Effective period.*                            This section is effective daily from 8:15 a.m. (local) to 5 p.m. (local) on July 20-22, 2001.                         

                            (b)                             *Regulations.*

(1) The general regulations contained in 33 CFR 165.23 apply. 

(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or designated on scene patrol personnel. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator shall proceed as directed. 

                            (3) The safety zone encompasses a portion of Lake Michigan. This safety zone is being established to protect the boating public in the vicinity of an air and water show in Gary, Indiana. In                                   ( print page 32282)                                cases where shipping is affected, commercial vessels may request permission from the Captain of the Port Chicago to transit the safety zone. Approval will be made on a case-by-case basis. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. The Captain of the Port may be contacted via U.S. Coast Guard Group Milwaukee on Channel 16, VHF-FM.                         

Dated: June 6, 2001. 

R.E. Seebald, 

Captain, U.S. Coast Guard, Captain of the Port Chicago. 

[FR Doc. 01-15049 Filed 6-13-01; 8:45 am] 

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