Safety Zone; World War II Beach Invasion Re-enactment, Lake Michigan, St. Joseph, MI, 34867-34869 [E8-13836]
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Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
The
NJTRO Lower Hack Bridge, across the
Hackensack River, mile 3.4, at Jersey
City, New Jersey, has a vertical
clearance in the closed position of 40
feet at mean high water and 45 feet at
mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.723(b).
The bridge owner, New Jersey Transit
Rail Operations (NJTRO), requested a
temporary deviation to facilitate
scheduled maintenance, upgrades to the
control system at the bridge.
The waterway has seasonal
recreational vessels, and commercial
vessels of various sizes. All known
waterway users were advised of the
requested bridge closure period and
offered no objection.
Under this temporary deviation the
bridge may remain closed from 7 a.m.
through 5 p.m. on June 21, 2008 and
June 22, 2008, with a rain date of June
28, 2008 and June 29, 2008. Vessels able
to pass under the closed draw may do
so at any time and vessels that must
have a bridge opening may do so by
providing a two-hour advance notice by
calling the bridge on VHF channels 13
or 16.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: June 11, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E8–13860 Filed 6–18–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2008–0477]
RIN 1625–AA–09
Drawbridge Operation Regulations;
Intracoastal Waterway (ICW); Beach
Thorofare, NJ
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
jlentini on PROD1PC65 with RULES
ACTION:
SUMMARY: The Commander, Fifth Coast
Guard District, has approved a
temporary deviation from the
regulations governing the operation of
the Margate Bridge, at ICW mile 74,
across Beach Thorofare at Margate, New
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16:32 Jun 18, 2008
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Jersey. The deviation is necessary to
sandblast, paint and make repairs to the
bridge. This deviation allows the bridge
to provide partial vessel openings.
DATES: This deviation is effective from
7 a.m. on October 1, 2008, to 11:59 p.m.
on December 31, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0477 and are available online at https://
www.regulations.gov. They are 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 Commander (dpb), Fifth Coast
Guard District, Federal Building, 1st
Floor, 431 Crawford Street, Portsmouth,
VA 23704–5004 between 8 a.m. and 4
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mrs.
Sandra S. Elliott, Bridge Management
Specialist, Fifth Coast Guard District, at
(757) 398–6557.
SUPPLEMENTARY INFORMATION: The
subcontractor on behalf of the Margate
Bridge Company, who owns and
operates this double-leaf bascule
drawbridge, has requested a temporary
deviation from the current operating
regulations set out in 33 CFR 117.5 that
requires the bridge to open promptly
and fully for the passage of vessels
when a request to open is given.
Margate Bridge, located at ICW mile
74, across Beach Thorofare at Margate,
New Jersey, has a vertical clearance in
the closed position to vessels of 14 feet
above mean high water (MHW).
The Coast Guard reviewed the 2007
bridge logs provided by the Margate
Bridge Company. The logs recorded
approximately 79 vessel openings
granted in October, 34 vessel openings
granted in November and 4 vessel
openings granted in December of last
year.
Under this temporary deviation, the
drawbridge will provide partial
openings of the lift spans for vessels.
The maintenance and repairs require
immobilizing half of the draw span to
single-leaf operation each day,
beginning 7 a.m. on Wednesday,
October 1, 2008, until and including
11:59 p.m. Wednesday, December 31,
2008, with a work barge occupying onehalf of the 58-foot wide channel under
the bridge, so passage through the
bridge will be limited to a 29-foot width
for the duration of the project. The
opposite connecting span while not
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34867
under repair will continue to open for
vessels if at least a half-hour advance
notice is given to the bridge tender at
(609) 822–9175 or via marine radio on
channel 13 VHF. Mariners requiring the
full opening of the lift spans or the full
width of the channel under the bridge
will be directed to use the Atlantic
Ocean as the alternate route between
Absecon and Great Egg Harbor Inlets.
The Coast Guard will inform the users
of the waterway through our Local and
Broadcast Notices to Mariners of the
partial openings of the draw span to
minimize transiting delays caused by
the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: June 11, 2008.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. E8–13879 Filed 6–18–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0483]
RIN 1625–AA00
Safety Zone; World War II Beach
Invasion Re-enactment, Lake Michigan,
St. Joseph, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
Lake Michigan, St. Joseph, MI. This
zone is intended to restrict vessels from
a portion of Lake Michigan during a reenactment of a World War II beach
invasion. This temporary safety zone is
necessary to protect event participants
and spectator vessels and restrict
spectators and other vessels from the reenactment site.
DATES: This rule is effective from 8 a.m.
to 2 p.m. on June 21, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0483 and are available online at
https://www.regulations.gov. They are
also available for inspection or copying
at two locations: The Docket
Management Facility (M–30), U.S.
Department of Transportation, West
E:\FR\FM\19JNR1.SGM
19JNR1
34868
Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
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, Wisconsin 53207, between
8:30 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on the temporary
rule, call Lieutenant Commander
Kimber Bannan, U.S. Coast Guard
Sector Lake Michigan, Prevention
Department, 2420 South Lincoln
Memorial Drive, Milwaukee, Wisconsin
53207, 414–747–7155. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3)(B),
the Coast Guard finds that good cause
exists for not publishing an NPRM. This
safety zone was implemented for an
emergency situation and required
immediate activation. 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.
jlentini on PROD1PC65 with RULES
Background and Purpose
This temporary safety zone is
necessary to ensure the safety of event
participants and spectators on Lake
Michigan on June 21, 2008 during the
re-enactment of World War II beach
invasions. Establishing a safety zone to
control vessel movement around the
location of the re-enactment site will
help ensure the safety of persons and
property participating in the event as
well as spectators and vessels transiting
through the area.
Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of event participants
and spectator vessels. The safety zone
will be enforced from 8 a.m. to 2 p.m.
on June 21, 2008. The safety zone will
encompass all waters of Lake Michigan
in the vicinity of Tiscornia Park in St.
Joseph, MI beginning at 42°06′55″ N,
086°29′23″ W; then west/northwest
along the north breakwater to 42°06′59″
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16:32 Jun 18, 2008
Jkt 214001
N, 086°29′41″ W; then northwest 100
yards to 42°07′01″ N, 086°29′44″ W;
then northeast 2,243 yards to 42°07′50″
N, 086°28′43″ W; then southeast to the
shoreline at 42°07′39″ N, 086°28′27″ W;
then southwest along the shoreline to
the point of origin.
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or his on-scene
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Lake Michigan or his
on-scene representative. The Captain of
the Port or his on-scene representative
may be contacted via VHF Channel 16.
Regulatory Evaluation
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.
This determination is based on the
minimal time that vessels will be
restricted from the zone and the 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 Lake Michigan near
Tiscornia Park in St. Joseph, MI from 8
a.m. to 2 p.m. on June 21, 2008.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: Vessel traffic will
only be limited for 4 hours and vessels
can safely transit around the safety
zone. In the event that this temporary
safety zone affects shipping, commercial
vessels may request permission from the
Captain of the Port Lake Michigan to
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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 the 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 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
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Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
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 special local 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
encourage to contact the point of contact
listed under FOR FURTHER INFORMATION
CONTACT.
jlentini on PROD1PC65 with RULES
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.
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16:32 Jun 18, 2008
Jkt 214001
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
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 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 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, and
Waterways.
I 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:
I
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.
§ 165.T09–0483 Safety Zone; World War II
Beach Invasion Re-enactment, Lake
Michigan, St. Joseph, MI.
(a) Location. The following area is a
temporary safety zone: All waters of
Lake Michigan in the vicinity of
Tiscornia Park in St. Joseph, MI
beginning at 42°06′55″ N, 086°29′23″ W;
then west/northwest along the north
breakwater to 42°06′59″ N, 086°29′41″
W; the northwest 100 yards to 42°07′01″
N, 086°29′44″ W; then northeast 2,243
yards to 42°07′50″ N, 086°28′43″ W; the
southeast to the shoreline at 42°07′39″
N, 086°28′27″ W; then southwest along
the shoreline to the point of origin.
(b) Effective period. This regulation is
effective from 8 a.m. to 2 p.m. on June
21, 2008.
(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. The Captain of the Port or his onscene representative may be contacted
via VHF Channel 16.
(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. 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: June 9, 2008.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E8–13836 Filed 6–18–08; 8:45 am]
BILLING CODE 4910–15–P
I 2. A new temporary § 165.T09–0483 is
added as follows:
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]]>Agencies
[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34867-34869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13836]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0483]
RIN 1625-AA00
Safety Zone; World War II Beach Invasion Re-enactment, Lake
Michigan, St. Joseph, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Michigan, St. Joseph, MI. This zone is intended to restrict
vessels from a portion of Lake Michigan during a re-enactment of a
World War II beach invasion. This temporary safety zone is necessary to
protect event participants and spectator vessels and restrict
spectators and other vessels from the re-enactment site.
DATES: This rule is effective from 8 a.m. to 2 p.m. on June 21, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0483 and are available online
at https://www.regulations.gov. They are also available for inspection
or copying at two locations: The Docket Management Facility (M-30),
U.S. Department of Transportation, West
[[Page 34868]]
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, Wisconsin 53207, between
8:30 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on the temporary
rule, call Lieutenant Commander Kimber Bannan, U.S. Coast Guard Sector
Lake Michigan, Prevention Department, 2420 South Lincoln Memorial
Drive, Milwaukee, Wisconsin 53207, 414-747-7155. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing an NPRM. This safety zone was
implemented for an emergency situation and required immediate
activation. 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.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of
event participants and spectators on Lake Michigan on June 21, 2008
during the re-enactment of World War II beach invasions. Establishing a
safety zone to control vessel movement around the location of the re-
enactment site will help ensure the safety of persons and property
participating in the event as well as spectators and vessels transiting
through the area.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of event
participants and spectator vessels. The safety zone will be enforced
from 8 a.m. to 2 p.m. on June 21, 2008. The safety zone will encompass
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; then 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; then 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.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or his on-scene representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Lake Michigan or his on-
scene representative. The Captain of the Port or his on-scene
representative may be contacted via VHF Channel 16.
Regulatory Evaluation
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.
This determination is based on the minimal time that vessels will
be restricted from the zone and the 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 Lake Michigan near Tiscornia Park in
St. Joseph, MI from 8 a.m. to 2 p.m. on June 21, 2008.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic will only be limited for 4 hours and vessels can safely transit
around the safety zone. 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 the 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 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
[[Page 34869]]
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 special local 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 encourage 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
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 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 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, and 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.T09-0483 is added as follows:
Sec. 165.T09-0483 Safety Zone; World War II Beach Invasion Re-
enactment, Lake Michigan, St. Joseph, MI.
(a) Location. The following area is a temporary safety zone: 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.
(b) Effective period. This regulation is effective from 8 a.m. to 2
p.m. on June 21, 2008.
(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. The Captain of the Port or
his on-scene representative may be contacted via VHF Channel 16.
(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. 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: June 9, 2008.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E8-13836 Filed 6-18-08; 8:45 am]
BILLING CODE 4910-15-P
