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[Federal Register: July 2, 2001 (Volume 66, Number 127)]
[Rules and Regulations]
[Page 34834-34836]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy01-22]

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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]
BILLING CODE 4910-15-U


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Alex J. Sagady & Associates        Email:  ajs@sagady.com

Environmental Enforcement, Permits/Technical Review, Public Policy and
Communications on Air, Water and Waste Issues
and Community Environmental Protection

PO Box 39  East Lansing, MI  48826-0039
(517) 332-6971 (voice); (517) 332-8987 (fax)
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