Justia Regulation Tracker

---

[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Rules and Regulations]               
[Page 57861-57863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc07-10]                         

[[Page 57861]]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-07-122]
RIN 1625-AA00

 
Safety Zone; Blue Island Regatta, Calumet Sag Channel, Blue 
Island, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Calumet Sag Channel and Little Calumet River, Blue Island, IL. This 
zone is intended to restrict vessels from a portion of the Calumet Sag 
Channel during the Blue Island Regatta November 3 and November 4, 2007. 
This temporary safety zone will establish restrictions upon, and 
control the movement of, vessels in a specified area immediately prior 
to, during, and immediately after the regatta.

DATES: This regulation is effective from 3 p.m. on November 3, 2007 to 
5 p.m. on November 4, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD09-07-122 and are available for 
inspection or copying at U.S. Coast Guard Sector Lake Michigan, 2420 
South Lincoln Memorial Drive, Milwaukee, Wisconsin, 53207 between 9:30 
a.m. and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO Brad Hinken, Prevention 
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 
747-7154.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The permit application was not 
received in time to publish an NPRM followed by a final rule before the 
effective date. Under 5 U.S.C. 553(d)(3), 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.

Background and Purpose

    This temporary zone is necessary to ensure the safety of vessels 
and participants from the hazards associated with the operation of 
rowing race boats in a confined waterway. Based on the potential vessel 
traffic and the presence of small rowing vessels the Captain of the 
Port Lake Michigan has determined that racing rowing boats in presence 
of normal vessel traffic poses a significant risk to public safety and 
property. The likely combination of rowing vessels operating near large 
towing vessels and recreational vessels operating at high speeds could 
result in collisions that may cause serious injuries or fatalities. 
Establishing a safety zone to control vessel movement in the location 
of the race course will help ensure the safety of persons and property 
at this event and help minimize the associated risk.

Discussion of Rule

    A temporary safety zone is necessary to ensure safety of life on 
the navigable waters immediately prior to, during, and immediately 
after the Southland Regatta. This proposed rule will establish 
restrictions upon and control the movement of vessels through a portion 
of the Calumet Sag Channel and the Little Calumet River immediately 
prior to, during, and immediately after the Southland Regatta.
    The Captain of the Port will cause notice of enforcement of the 
safety zone established by this section to be made by all appropriate 
means to the affected segments of the public. Such means of 
notification will include, but are not limited to, Broadcast Notice to 
Mariners and Local Notice to Mariners. The Captain of the Port will 
issue a Broadcast Notice to Mariners notifying the public when 
enforcement of the special local regulations is terminated.

Regulatory Evaluation

    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.
    This determination is based on the minimal time that vessels will 
be restricted from the safety zone and the safety zone is an area where 
the Coast Guard expects insignificant adverse impact to mariners from 
the zone's activation.

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 may be 
small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of Calumet Sag Channel or Little Calumet 
River between 3 p.m. to 5 p.m. on November 3, 2007 and 9 a.m. to 5 p.m. 
on November 4, 2007.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will be in effect for only two hours on November 3, 2007 and eight 
hours on November 4, 2007. In the event that this temporary safety zone 
affects shipping, commercial vessels may request permission from the 
Captain of the Port Lake Michigan to transit through the safety zone. 
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 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).

[[Page 57862]]

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has 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 would not result in such 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

    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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that these regulations and fishing rights 
protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes 
that have questions concerning the provisions of this Rule or options 
for compliance are encouraged to contact the point of contact listed 
under FOR FURTHER INFORMATION CONTACT.

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 procedure; and related management 
system 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 Management Directive 5100.1, 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 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. This event establishes a safety zone therefore paragraph 
(34)(g) of the Instruction applies.
    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 
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; 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. A new temporary Sec.  165.T09-122 is added as follows:

Sec.  165.T09-122  Safety zone; Blue Island Regatta, Calumet Sag 
Channel, Blue Island, IL.

    (a) Location. The following area is a temporary safety zone: 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).
    (b) Enforcement period. This zone will be enforced from 3 p.m. to 5 
p.m. on November 3, 2007 and from 9 a.m. to 5 p.m. on November 4, 2007.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port Lake Michigan, or his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Lake Michigan or his on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel.

[[Page 57863]]

    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Lake Michigan or his on-
scene representative to obtain permission to do so. The Captain of the 
Port or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Lake Michigan or his on-scene representative.

    Dated: September 24, 2007.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E7-19952 Filed 10-10-07; 8:45 am]

BILLING CODE 4910-15-P