
[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Proposed Rules]               
[Page 13707-13710]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr10-30]                         

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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend 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 amended by this proposed rule are necessary to 
protect spectators, participants, and vessels from the hazards 
associated with fireworks displays, boat races, and other events.

DATES: Comments and related materials must be received by the Coast 
Guard on or before April 22, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0129 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail BM1 Adam Kraft, Prevention Department, Coast 
Guard, Sector Lake Michigan, Milwaukee, WI, telephone (414) 747-7154, 
e-mail Adam.D.Kraft@uscg.mil. If you have questions on viewing or 
submitting

[[Page 13708]]

material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0129), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0129'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0129'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one by using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact BM1 Adam Kraft at the telephone number or e-mail address 
indicated under the FOR FURTHER INFORMATION CONTACT section of this 
notice.

Background and Purpose

    This proposed rule will amend the regulations establishing safety 
zones in the Captain of the Port Lake Michigan zone during annual 
events. These safety zones are necessary to protect vessels and people 
from the hazards associated with firework displays, boat races, and 
other marine 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 Proposed Rule

    This proposed rule will revise the location of three permanent 
safety zones to reflect the correct enforcement area, and add two 
permanent safety zones for already established annually occurring 
events in the Captain of the Port Lake Michigan zone. The proposed rule 
is necessary to ensure the safety of vessels and people during annual 
marine events in the Captain of the Port Lake Michigan area of 
responsibility.
    The proposed safety zones will be enforced only immediately before, 
during, and after events that pose hazard to the public, and only upon 
notice by the Captain of the Port.
    The Captain of the Port Lake Michigan will notify the public that 
the zones in this proposal are or will be enforced by all appropriate 
means to the affected segments of the public including publication in 
the Federal Register as practicable, in accordance with 33 CFR 
165.7(a). Such means of notification may also include, but are not 
limited to Broadcast Notice to Mariners or Local Notice to Mariners. 
The Captain of the Port will issue a Broadcast Notice to Mariners 
notifying the public when enforcement of the safety zone established by 
this section is cancelled.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated representative. Entry 
into, transiting, or anchoring within the safety zone is prohibited 
unless authorized by the Captain of the Port Lake Michigan, or their 
designated representative. The Captain of the Port or their designated 
representative may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this proposed 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 proposed 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 expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. The Coast 
Guard's use of these safety zones will be periodic, of

[[Page 13709]]

short duration, and designed to minimize the impact on navigable 
waters. These safety zones will only be enforced immediately before, 
during, and after the time the events occur. 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 
activation of these safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 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 and 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 would not have a significant economic impact on a 
substantial number of small entities for the following reasons. Each 
safety zone in this proposed rule will be in effect for a short period 
of time and only once per year. These safety zones have been designed 
to allow traffic to pass safely around the zone whenever possible and 
vessels will be allowed to pass through the zones with the permission 
of the Captain of the Port.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 BM1 Adam Kraft, Prevention 
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 
747-7154. The Coast Guard will not retaliate against small entities 
that question or complain about this proposed rule or any policy or 
action of the Coast Guard.

Collection of Information

    This proposed 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 proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed 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 proposed rule will not affect the 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

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland

[[Page 13710]]

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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. This proposed rule is categorically excluded, under figure 
2-1, paragraph 34(g) of the Instruction. This proposed 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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. 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.

    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]06.55N, 
086[deg]29.23W; 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]07.50N, 086[deg]28.43 W; the southeast to the shoreline at 
42[deg]07.39N, 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.
* * * * *

    Dated: March 8, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2010-6294 Filed 3-22-10; 8:45 am]
BILLING CODE 9110-04-P

