
[Federal Register: June 22, 2010 (Volume 75, Number 119)]
[Rules and Regulations]               
[Page 35296-35299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn10-4]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR PART 165

[Docket No. USCG-2010-0506]
RIN 1625-AA00

 
Safety Zones; 2010 Muskegon Summer Celebration Air Show, Muskegon 
Lake, Muskegon, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones on 
Muskegon Lake near Muskegon, Michigan. These zones are intended to 
restrict vessels from two portions of Muskegon Lake due to the 2010 
Muskegon Summer Celebration Air Show. These temporary safety zones are 
necessary to protect the surrounding public and vessels from the 
hazards associated with an air show.

DATES: This rule is effective from 11 a.m. on June 25, 2010 until 5 
p.m. on June 27, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0506 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0506 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email BM1 Adam Kraft, U.S. Coast Guard, Sector 
Lake Michigan, telephone (414) 747-7154, e-mail Adam.D.Kraft@uscg.mil. 
If you have questions on viewing the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are

[[Page 35297]]

``impracticable, unnecessary, or contrary to the public interest.'' 
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists 
for not publishing a notice of proposed rulemaking (NPRM) with respect 
to this rule because it is contrary to the public interest to delay the 
effective date of this rule. Delaying the effective date by first 
publishing an NPRM would be contrary to the safety zone's intended 
objective since immediate action is needed to protect person's and 
vessels against the hazards associated with air shows. Additionally, 
the zone should have negligible impact on vessel transits due to the 
fact that vessels will be limited from the area for only six hours each 
day the zones are in effect and vessels can still transit in the 
majority of Muskegon Lake during the event. Accordingly, under 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for not 
publishing an NPRM.
    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. Delaying this rule would be 
contrary to the public interest of ensuring the safety of spectators 
and vessels during this event and immediate action is necessary to 
prevent possible loss of life or property.

Basis and Purpose

    The temporary safety zones established by this rule are necessary 
to protect vessels and spectators from the hazards associated with the 
2010 Muskegon Summer Celebration Air Show. The Captain of the Port, 
Sector Lake Michigan, has determined that the Muskegon Summer 
Celebration Air Show presents a significant risk to public safety and 
property. The likely combination of congested waterways and an air show 
presents a significant risk of serious injuries or fatalities.

Discussion of Rule

    The first safety zone will encompass all waters of Muskegon Lake, 
in the vicinity of Muskegon, Michigan within a 12,000-foot by 3,000-
foot rectangle. The rectangle will be bounded by the points beginning 
at 43[deg]13[min]55[sec] N, 086[deg]17[min]07[sec] W; then northeast to 
43[deg]14[min]51[sec] N, 086[deg]15[min]07[sec] W; then northwest to 
43[deg]15[min]14[sec] N, 086[deg]15[min]36[sec] W; then southwest to 
43[deg]13[min]55[sec] N, 086[deg]17[min]33[sec] W; then back to the 
point of origin. [DATUM: NAD 83]. The second safety zone will encompass 
all waters of Muskegon Lake located within a 4,000-foot by 1,000-foot 
rectangle. The rectangle will be bounded by the points beginning at 
43[deg]13'53'' N, 086[deg]16'08'' W; then northeast to 43[deg]14'19'' 
N, 086[deg]15'29'' W; then northwest to 43[deg]14'29'' N, 
086[deg]15'40'' W; then south west to 43[deg]14'03'' N, 086[deg]16'20'' 
W; then back to the point of origin. [DATUM: NAD 83]
    All persons and vessels shall comply with the instructions of the 
Captain of the Port, Sector Lake Michigan, or his or her on-scene 
representative. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port, Sector 
Lake Michigan, or his or her on-scene representative. The Captain of 
the Port, Sector Lake Michigan, or his or her on-scene representative 
may be contacted via VHF Channel 16.

Regulatory Analyses

    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 it under that Order. We conclude that this rule is not a 
significant regulatory action because we anticipate that it will have 
minimal impact on the economy, will not interfere with other agencies, 
will not adversely alter the budget of any grant or loan recipients, 
and will not raise any novel legal or policy issues. The safety zones 
will be relatively small and will exist for only a minimal time. Under 
certain conditions, moreover, vessels may still transit through the 
safety zone when permitted by proper authority.

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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in a portion of Muskegon Lake between 11 a.m. on June 
25, 2010 and 5 p.m. on June 27, 2010.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be enforced for short period of time. Vessels may safely 
pass outside the safety zones during the event. In the event that the 
temporary safety zones affect shipping, commercial vessels may request 
permission from the Captain of the Port, Sector Lake Michigan, to 
transit through the safety zones. The Coast Guard will give notice to 
the public via a Broadcast to Mariners that the regulation is in 
effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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

[[Page 35298]]

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 rule will 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 cause 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 Department of Homeland 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves the establishment of a temporary 
safety zone and is therefore categorically excluded under paragraph 
34(g) of the Instruction.
    A final environmental analysis check list and 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 record 
keeping 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. Add Sec.  165.T09-0506 to read as follows


Sec.  165.T09-0506  Safety Zones; 2010 Muskegon Summer Celebration Air 
Show, Muskegon Lake, Muskegon, MI

    (a) Locations. (1) The first safety zone will encompass all waters 
of Muskegon Lake, the vicinity of Muskegon, Michigan within a 12,000-
foot by 3,000-foot rectangle. The rectangle will be bounded by the 
points beginning at 43[deg]13'55'' N, 086[deg]17'07'' W; then northeast 
to 43[deg]14'51'' N, 086[deg]15'07'' W; then northwest to 
43[deg]15'14'' N, 086[deg]15'36'' W; then southwest to 43[deg]13'55'' 
N, 086[deg]17'33'' W; then back to the point of origin. [DATUM: NAD 
83].
    (2) The second safety zone will encompass all waters of Muskegon 
Lake located within a 4,000-foot by 1,000-foot rectangle. The rectangle 
will be bounded by the points beginning at 43[deg]13'53'' N, 
086[deg]16'08'' W; then northeast to 43[deg]14'19'' N, 086[deg]15'29'' 
W; then northwest to 43[deg]14'29'' N, 086[deg]15'40'' W; then south 
west to 43[deg]14'03'' N, 086[deg]16'20'' W; then back to the point of 
origin. [DATUM: NAD 83]
    (b) Effective period. This regulation is effective from 11 a.m. on 
June 25, 2010 to 5 p.m. on June 27, 2010. This regulation will be 
enforced from 11 a.m. to 5 p.m. daily from June 25, 2010 to June 27, 
2010. The Captain of the Port, Sector Lake Michigan, or his or her on-
scene representative may terminate enforcement of the safety zones at 
any time.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within these safety zones is prohibited unless authorized by the 
Captain of the Port, Sector Lake Michigan, or his or her on-scene 
representative.
    (2) These safety zones are closed to all vessel traffic, except as 
may be permitted by the Captain of the Port, Sector Lake Michigan, or 
his or her on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty 
officer who has been designated by the Captain of the Port, Sector Lake 
Michigan, to act on his or her behalf. The on-scene representative of 
the Captain of the Port, Sector Lake Michigan, will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within these 
safety zones shall contact the Captain of the Port, Sector Lake 
Michigan, or his or her on-scene representative to obtain permission to 
do so. The Captain of the

[[Page 35299]]

Port, Sector Lake Michigan, or his or her on-scene representative may 
be contacted via VHF Channel 16. Vessel operators given permission to 
enter or operate in the safety zones must comply with all directions 
given to them by the Captain of the Port, Sector Lake Michigan, or his 
or her on-scene representative.

    Dated: June 7, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-15008 Filed 6-21-10; 8:45 am]
BILLING CODE 9110-04-P

