[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Rules and Regulations]
[Pages 34834-34836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16485]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-009]
RIN 2115-AA97


Tall Ships Challenge 2001, Moving Safety Zone, Muskegon Lake, 
Muskegon, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary Moving Safety Zone 
during the Tall Ships Challenge 2001 of tall ships in Muskegon Lake and 
vicinity, Muskegon, Michigan, from 11 a.m. until 5 p.m. on Monday, 
August 13, 2001. This regulation is necessary to control vessel traffic 
within the immediate vicinity of the event and to ensure the safety of 
life and property during this event. This rule is intended to restrict 
vessel traffic from a portion of Muskegon Lake and Lake Michigan.

DATES: This rule is effective from 11 a.m. (local) until 5 p.m. (local) 
on Monday, August 13th, 2001.

ADDRESSES: Comments and related material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, are part of docket CGD09-01-009 and are available for 
inspection of copying at U.S. Coast Guard Marine Safety Office Chicago, 
215 W. 83rd Street suite D, Burr Ridge, IL. 60521. Marine Safety Office 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: BM3 Joe C. Corpuz, U.S. Coast Guard 
Marine Safety Office Chicago, 215 W. 83rd street suite D, Chicago, IL 
60521, (630) 986-2175.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 4th, 2001 we published a notice of proposed rulemaking 
(NPRM) entitled Tall Ships Challenge 2001, Moving Safety Zone, Muskegon 
Lake, Muskegon, MI in the Federal Register (66 FR 17832). We received 
no letters commenting on the proposed rule. No public hearing was 
requested, and none was held.
    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. Any delay of this effective rule 
would be contrary to the public interest because immediate action is 
necessary to protect the spectators, spectator vessels, as well as the 
participating Tall Ships from possible loss of life, injury, or damage 
to property. Due to their design, the Tall Ships have restricted 
maneuverability and, in addition, will be transiting an area where 
maneuverability is restricted by water depths. A moving safety zone 
around the vessels will help ensure their safety as well as the safety 
of spectator vessels watching the vessels.

Background and Purpose

    The Port of Muskegon American Sail Training Association Tall Ships 
Challenge 2001 will take place in Muskegon, Michigan, from August 9, 
2001, through August 13, 2001. During the Tall Ships Challenge 2001, a 
large number of tall ships will visit Muskegon Lake, with waterside 
events, in-port tours, and waterside moored vessel viewing. On Monday, 
August 13, 2001, from 11 a.m. to 5 p.m., the tall ships will take part 
in a ceremonial departure parade of tall ships, which is expected to 
attract a large number of spectator vessels. The Coast Guard is 
establishing a Moving Safety Zone surrounding the participating tall 
ships to ensure the safety of participating and spectator vessels and 
personnel.
    The Moving Safety Zone will include the areas around and between 
all the vessels participating in the Tall Ships Challenge 2001 parade 
of tall ships during their transit in Muskegon Lake and vicinity on 
Monday, August 13, 2001. The Moving Safety Zone will include the area 
extending a distance of 100 yards ahead of the lead vessel in the 
parade, 100 yards abeam each vessel in the parade, and 100 yards astern 
of the last vessel in the parade. The Moving Safety Zone will ensure 
that spectator craft do not impede the path of any of the parade 
vessels.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 on Regulatory Planning and Review 
and therefore does not require an assessment

[[Page 34835]]

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 non-significant under Department of Transportation 
regulatory policies and procedures (DOT) (44 FR 11040, February 26, 
1979).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary. The moving safety zone 
will be in effect for a limited time, and extensive advance notice will 
be made to the maritime community via Local Notice to Mariners and 
marine safety information broadcasts. This temporary regulation is 
tailored to impose minimal impact on maritime interests without 
compromising safety. Compensating for economic impacts are the 
favorable economic impacts that these events will have on commercial 
activity in the area as a whole from the boaters and tourists these 
events are expected to attract.

Small Entities

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), we have determined that this rule will not 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 rule 
would not have a significant economic impact on a substantial number of 
small entities. The rule will affect the following entities, some of 
which might be small entities: the owners of businesses along Muskegon 
Lake and vicinity. The rule will not have a significant economic impact 
on a substantial number of small entities for the following reasons: 
the rule will be in effect for a short time, and we will issue 
extensive advance notice of the event to the maritime community via the 
methods discussed above.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist 
small entities in understanding this rule so that they can better 
evaluate its effects 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).

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

    We have analyzed this 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) 
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 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 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that, under figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1C, this 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.

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 
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 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. Add temporary Sec. 165.T09-013 to read as follows:


Sec. 165.T09-013  Moving Safety Zone: tall ships challenge 2001, 
Muskegon Lake and Lake Michigan, Muskegon, Michigan.

    (a) Location. The waters of Muskegon Lake and Lake Michigan, 
Muskegon, Michigan.

[[Page 34836]]

    (b) Effective date. This rule is effective from 11 a.m. EDT until 5 
p.m. EDT on Monday, August 13th, 2001.
    (c) Regulations. (1) The following area is designated as a Moving 
Safety Zone for the Tall Ships Challenge 2001 parade of tall ships: All 
waters in an area extending a distance of 100 yards ahead of the lead 
vessel in the parade, 100 yards abeam of each vessel in the parade, and 
100 yards astern of the last vessel in the Tall Ships Challenge 2001 
parade of tall ships. The Moving Safety Zone for the parade will begin 
at 11 a.m. on Monday, August 13th, 2001 in Muskegon Lake at approximate 
position 43 deg.14'36" N, 086 deg.15'44" W, and will remain in effect 
for the parade of tall ships past waypoint 43 deg.14'07" N, 
086 deg.19'21" W, then outbound through Muskegon Lake Entrance Channel 
to the final parade waypoint in Lake Michigan at 43 deg.13'11" N, 
086 deg.21'36" W. These coordinates are based upon North American Datum 
1983 (NAD 83).
    (2) All vessel operators shall comply with the instructions of the 
Coast Guard Captain of the Port Chicago or the designated on-scene 
patrol personnel. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers. Permission to deviate from the above rules 
must be obtained from the Captain of the Port Chicago or his 
representative by VHF/FM radio, Channel 9 or by telephone at (616)
204-2877.

    Dated: June 21, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, District Commander, Ninth Coast Guard 
District.
[FR Doc. 01-16485 Filed 6-29-01; 8:45 am]
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