[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Rules and Regulations]
[Pages 26650-26653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11265]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0129]
RIN 1625-AA00


Safety Zones; Annual Events Requiring Safety Zones in the Captain 
of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the regulations establishing 
permanent safety zones in the Captain of the Port Lake Michigan zone 
during annual events. When these safety zones are activated, and thus 
subject to enforcement, this rule would restrict vessels from portions 
of water areas during annual events that pose a hazard to public 
safety. The safety zones established by this rule are necessary to

[[Page 26651]]

protect spectators, participants, and vessels from the hazards 
associated with fireworks displays, boat races, and other events.

DATES: This rule is effective June 11, 2010.

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 USCG-2010-0129 and are available online at http://www.regulations.gov. This material is also available for inspection or 
copying at two locations: 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 and the U.S. 
Coast Guard Sector Lake Michigan, 2420 South Lincoln Memorial Drive, 
Milwaukee, WI 53207, between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call BM1 Adam Kraft, Prevention Department, Coast Guard Sector Lake 
Michigan, Milwaukee, WI at (414) 747-7154 or e-mail him at 
<a href="/cdn-cgi/l/email-protection#2a6b4e4b47046e0461584b4c5e6a5f59494d04474346"><span class="__cf_email__" data-cfemail="98d9fcf9f5b6dcb6d3eaf9feecd8edebfbffb6f5f1f4">[email protected]</span></a>. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 23, 2010, we published a notice of proposed rule making 
(NPRM) entitled Safety Zones; Annual Events requiring safety zones in 
the Captain of the Port Lake Michigan zone, in the Federal Register (75 
FR 13707). We received 0 letters commenting on the proposed rule. No 
public meeting was requested, and none was held.

Basis and Purpose

    This rule amends the regulations found in 33 CFR 165.929, Annual 
Events requiring safety zones in the Captain of the Port, Sector Lake 
Michigan's zone. This rule revises the location of three safety zones 
to reflect the correct enforcement areas, and add two new reoccurring 
events that require safety zones. These safety zones are necessary to 
protect vessels and people from the hazards associated with firework 
displays, boat races, and other events. Such hazards include 
obstructions to the waterway that may cause marine casualties and the 
explosive danger of fireworks and debris falling into the water that 
may cause death or serious bodily harm.

Discussion of Comments and Changes

    No comments were received regarding this rule.

Regulatory Analysis

    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 this rule under that Order.
    The Coast Guard's enforcement of these safety zones will be 
periodic in nature, of short duration, and designed to minimize the 
impact on navigable waters. These safety zones will only be enforced 
immediately before and during the time the events are occurring. 
Furthermore, these safety zones have been designed to allow vessels to 
transit unrestricted to portions of the waterways not affected by the 
safety zones. The Coast Guard expects insignificant adverse impact to 
mariners from the changes and addition of these safety zones.

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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities: The owners of operators of vessels intending to 
transit or anchor in the areas designated as safety zones during the 
dates and times the safety zones are being enforced.
    These safety zones 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 short periods of time and is designed to 
allow traffic to pass safely around the zone whenever possible; and 
allows vessels to pass through the zone with the permission of the 
Captain of the Port, Sector Lake Michigan.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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 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 will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

[[Page 26652]]

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

    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 Commandant Instruction M16475.lD 
and Department of Homeland Security Directive 023-01, which guides 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. Therefore, this 
rule is categorically excluded, under figure 2-1, paragraph 34 (g) of 
the Instruction. This rule amends permanent safety zones established in 
the Captain of the Port Lake Michigan Zone to protect the public from 
the hazards associated during annual events.
    A final environmental analysis check list and a final 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 
recordkeeping 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. Amend Sec.  165.929 to revise (a)(15)(i), (a)(52)(i), and 
(a)(65)(i); and to add paragraphs (a)(82) and (a)(83) to read as 
follows:


Sec.  165.929  Safety Zones; Annual events requiring safety zones in 
the Captain of the Port Lake Michigan zone.

    (a) * * *
    (15) Taste of Chicago Fireworks; Chicago IL.
    (i) Location. All waters of Monroe Harbor and all waters of Lake 
Michigan bounded by a line drawn from 41[deg]53'24'' N, 087[deg]35'59'' 
W; then east to 41[deg]53'15'' N, 087[deg]35'26'' W; then south to 
41[deg]52'49'' N, 087[deg]35'26'' W; then southwest to 41[deg]52'27'' 
N, 087[deg]36'37'' W; then north to 41[deg]53'15'' N, 087[deg]36'33'' 
W; then east returning to the point of origin. (NAD 83)
* * * * *
    (52) Gary Air and Water Show; Gary, IN.
    (i) Location. All waters of Lake Michigan bounded by a line drawn 
from 41[deg]37'42'' N, 087[deg]16'38'' W; then east to 41[deg]37'54'' 
N, 087[deg]14'00'' W; then south to 41[deg]37'30'' N, 087[deg]13'56'' 
W; then west to 41[deg]37'17'' N, 087[deg]16'36'' W; then north 
returning to the point of origin. (NAD 83)
* * * * *
    (65) Venetian Night Fireworks; Chicago, IL.
    (i) Location. All waters of Monroe Harbor and all waters of Lake 
Michigan bounded by a line drawn from 41[deg]53'03'' N, 087[deg]36'36'' 
W; then east to 41[deg]53'03'' N, 087[deg]36'21'' W; then south to 
41[deg]52'27'' N, 087[deg]36'21'' W; then west to 41[deg]52'27'' N, 
087[deg]36'37'' W; then north returning to the point of origin. (NAD 
83)
* * * * *
    (82) Cochrane Cup; Blue Island, IL.
    (i) Location. All waters of the Calumet Sag Channel from the South 
Halstead Street Bridge at 41[deg]39'27'' N, 087[deg]38'29'' W; to the 
Crawford Avenue Bridge at 41[deg]39'05'' N, 087[deg]43'08'' W; and the 
Little Calumet River from the Ashland Avenue Bridge at 41[deg]39'7'' N, 
087[deg]39'38'' W; to the junction of the Calumet Sag Channel at 
41[deg]39'23'' N, 087[deg]39' W (NAD 83).
    (ii) Enforcement date and time. The first Saturday of May; 6:30 
a.m. to 5 p.m.
    (83) World War II Beach Invasion Re-enactment; St. Joseph, MI.
    (i) Location. All waters of Lake Michigan in the vicinity of 
Tiscornia Park in St. Joseph, MI beginning at 42[deg]06.55 N, 
086[deg]29.23 W; then west/northwest along the north breakwater to 
42[deg]06.59 N, 086[deg]29.41 W; the northwest 100 yards to 
42[deg]07.01 N, 086[deg]29.44 W; then northeast 2,243 yards to 
42[deg]07.50 N, 086[deg]28.43 W; the southeast to the shoreline at 
42[deg]07.39 N, 086[deg]28.27 W; then southwest along the shoreline to 
the point of origin (NAD 83).
    (ii) Enforcement date and time. The third Saturday of June; 8 a.m. 
to 2 p.m.
* * * * *


[[Page 26653]]


    Dated: April 28, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-11265 Filed 5-11-10; 8:45 am]
BILLING CODE 9110-04-P


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