Safety Zone; Michigan City Super Boat Grand Prix, Lake Michigan, Michigan City, IN, 34932-34934 [2010-14850]
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<![CDATA[
34932
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
involves the creation of two safety zones
around a submerged buoy and its
associated infrastructure. An
environmental analysis checklist and a
categorical exclusion determination will
be 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.
■ 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. 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. Add § 165.T01–0542 to read as
follows:
■
mstockstill on DSKH9S0YB1PROD with RULES
§ 165.T01–0542 Safety Zones: Neptune
Deepwater Port, Atlantic Ocean, Boston,
MA.
(a) Location. The following areas are
safety zones: All navigable waters of the
United States within a 500-meter radius
of each of the two STL buoys of the
Neptune Deepwater Port, marked on the
surface of the water by several small,
white buoys labeled LNG with red flags
and radar-reflected buoys known as ‘‘Hi
Flyers’’ located at approximate positions
42°29′12.3″ N, 070°36′29.7″ W and 42°
27′20.5″ N, 070°36′07.3″ W. [NAD83].
(b) Notification. Coast Guard Sector
Boston will cause notice of the
enforcement of this temporary safety
zone to be made by all appropriate
means to affect the widest publicity
among the effected segments of the
public, including publication in the
Local Notice to Mariners and Broadcast
Notice to Mariners.
(c) Enforcement Period. This safety
zone will be enforced at 12:01 a.m.
Saturday June 12, 2010 until 11:59 p.m.
December 31, 2010.
(d) Definitions. As used in this
section:
Authorized representative means a
Coast Guard commissioned, warrant, or
petty officer or a Federal, State, or local
law enforcement officer designated by
or assisting the Captain of the Port
Boston (COTP).
Deepwater port means any facility or
structure meeting the definition of
deepwater port in 33 CFR 148.5.
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Support vessel means any vessel
meeting the definition of support vessel
in 33 CFR 148.5.
(e) Regulations.
(1) The general regulations contained
in 33 CFR 165.23 apply.
(2) In accordance with the general
regulations entry into or movement
within these safety zones is prohibited
unless authorized by the Captain of the
Port Boston. Liquefied Natural Gas
Carrier vessels and related Support
Vessels calling on the Neptune
Deepwater Port are authorized to enter
and move within the safety zones of this
section in the normal course of their
operations.
(3) All persons and vessels shall
comply with the Coast Guard Captain of
the Port or authorized representative.
(4) Upon being hailed by an
authorized representative by siren,
radio, flashing light or other means, the
operator of the vessel shall proceed as
directed.
(5) Persons and vessels may contact
the Coast Guard to request permission to
enter the zone on VHF–FM Channel 16
or via phone at 617–223–5761.
Dated: June 9, 2010.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2010–14851 Filed 6–18–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0235]
RIN 1625–AA00
Safety Zone; Michigan City Super Boat
Grand Prix, Lake Michigan, Michigan
City, IN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
Lake Michigan near Michigan City,
Indiana. This zone is intended to restrict
vessels from a portion of Lake Michigan
due to a high speed boat racing event.
This temporary safety zone is necessary
to protect the surrounding public and
their vessels from the hazards associated
with a high speed boat racing event.
DATES: This regulation is effective from
9 a.m. until 4 p.m. on August 8, 2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
PO 00000
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Fmt 4700
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as being available in the docket, are part
of docket USCG–2010–0235 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0235 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
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, contact or e-mail Petty Officer
Adam Kraft, U.S. Coast Guard Sector
Lake Michigan, at (414) 747–7154 or
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
On April 28, 2010, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Michigan City
Super Boat Grand Prix, Lake Michigan,
Michigan City, IN in the Federal
Register (75 FR 22333). We received 0
comments on the proposed rule. No
public meeting was requested and none
was held.
Basis and Purpose
This temporary safety zone is
necessary to protect vessels from the
hazards associated with the Michigan
City Super Boat Grand Prix. The Captain
of the Port, Sector Lake Michigan, has
determined that the Michigan City
Super Boat Grand Prix presents a
significant risk to public safety and
property. The likely combination of
congested waterways and high speed
boat racing presents a significant risk of
serious injuries or fatalities.
Discussion of Comments and Changes
No comments were received
concerning this rule. No substantive
changes have been made to the rule as
proposed.
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
E:\FR\FM\21JNR1.SGM
21JNR1
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
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.
Although this temporary rule restricts
access to the safety zone, the effect of
this rule will not be significant because
of the 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 zones’ activation.
mstockstill on DSKH9S0YB1PROD with RULES
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 Lake Michigan, Michigan
City, Indiana between 9 a.m. and 4 p.m.
on August 8, 2010.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will
only be enforced while unsafe
conditions exist. In the event that this
temporary safety zone affects shipping,
commercial vessels may request
permission from the Captain of The
Port, Sector 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),
in the NPRM 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
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16:37 Jun 18, 2010
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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.
Protection of Children
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).
34933
Indian Tribal Governments
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. No
comments were received concerning
this rule. No substantive changes have
been made to the rule as proposed.
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 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. No comments
were received concerning this rule. No
substantive changes have been made to
the rule as proposed.
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. No
comments were received concerning
this rule. No substantive changes have
been made to the rule as proposed.
PO 00000
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Fmt 4700
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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. No
comments were received concerning
this rule. No substantive changes have
been made to the rule as proposed.
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. No
comments were received concerning
this rule. No substantive changes have
been made to the rule as proposed.
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. No
comments were received concerning
this rule. No substantive changes have
been made to the rule as proposed.
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
E:\FR\FM\21JNR1.SGM
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34934
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards. No comments were received
concerning this rule. No substantive
changes have been made to the rule as
proposed.
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 safety
zone therefore paragraph (34)(g) of the
Instruction applies.
An environmental analysis checklist
and a 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.
■ 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. Add § 165.T09–0235 to read as
follows:
■
mstockstill on DSKH9S0YB1PROD with RULES
§ 165.T09–0235 Safety Zone; Michigan City
Super Boat Grand Prix, Lake Michigan,
Michigan City, IN
returning to the point of origin (NAD
83).
(b) Enforcement period. This
regulation will be enforced between 9
a.m. and 4 p.m. on August 8, 2010. The
Captain of the Port, Sector Lake
Michigan, or his or her on-scene
representative may terminate this
operation at anytime.
(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, Sector Lake
Michigan, or his or her on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Sector Lake Michigan, or his or her onscene 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 the safety zone 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 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 zone 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 3, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2010–14850 Filed 6–18–10; 8:45 am]
BILLING CODE 9110–04–P
(a) Location. The following area is a
temporary safety zone: offshore of Long
Beach in Michigan City, Indiana, a 4500
yard by 600 yard area encompassing
specified U.S. waters of Lake Michigan
bound by a line drawn from 41°43′42″
N, 086°54′18″ W; then north to
41°43′49″ N, 086°54′31″ W; then east to
41°44′48″ N, 086°51′45″ W; then south
to 41°44′42″ N, 086°51′31″ W; then west
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0478]
RIN 1625–AA00
Safety Zone; Fireworks for the Virginia
Lake Festival, Buggs Island Lake,
Clarksville, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a 700-foot radius safety
zone on the navigable waters of Buggs
Island Lake in Clarksville, VA in
support of the Fireworks for the Virginia
Lake Festival event. This action is
intended to restrict vessel traffic
movement to protect mariners and
spectators from the hazards associated
with aerial fireworks displays.
DATES: This rule is effective from 9:30
p.m. to 10 p.m. on July 17, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0478 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0478 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 e-mail LT Tiffany Duffy,
Waterways Management Division, Coast
Guard; telephone 757–668–5580, e-mail
Tiffany.A.Duffy@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
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
E:\FR\FM\21JNR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Rules and Regulations]
[Pages 34932-34934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14850]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0235]
RIN 1625-AA00
Safety Zone; Michigan City Super Boat Grand Prix, Lake Michigan,
Michigan City, IN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Michigan near Michigan City, Indiana. This zone is intended to
restrict vessels from a portion of Lake Michigan due to a high speed
boat racing event. This temporary safety zone is necessary to protect
the surrounding public and their vessels from the hazards associated
with a high speed boat racing event.
DATES: This regulation is effective from 9 a.m. until 4 p.m. on August
8, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0235 and are available online by going to
https://www.regulations.gov, inserting USCG-2010-0235 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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, contact or e-mail Petty Officer Adam Kraft, U.S. Coast
Guard Sector Lake Michigan, at (414) 747-7154 or 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
On April 28, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Michigan City Super Boat Grand Prix, Lake
Michigan, Michigan City, IN in the Federal Register (75 FR 22333). We
received 0 comments on the proposed rule. No public meeting was
requested and none was held.
Basis and Purpose
This temporary safety zone is necessary to protect vessels from the
hazards associated with the Michigan City Super Boat Grand Prix. The
Captain of the Port, Sector Lake Michigan, has determined that the
Michigan City Super Boat Grand Prix presents a significant risk to
public safety and property. The likely combination of congested
waterways and high speed boat racing presents a significant risk of
serious injuries or fatalities.
Discussion of Comments and Changes
No comments were received concerning this rule. No substantive
changes have been made to the rule as proposed.
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
[[Page 34933]]
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.
Although this temporary rule restricts access to the safety zone,
the effect of this rule will not be significant because of the 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 zones' 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 might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of Lake Michigan, Michigan City, Indiana
between 9 a.m. and 4 p.m. on August 8, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be enforced while unsafe conditions exist. In the event
that this temporary safety zone affects shipping, commercial vessels
may request permission from the Captain of The Port, Sector 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), in the NPRM 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).
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. No comments were received concerning this rule. No
substantive changes have been made to the rule as proposed.
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 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. No comments were received concerning this rule. No substantive
changes have been made to the rule as proposed.
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. No comments were received
concerning this rule. No substantive changes have been made to the rule
as proposed.
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. No comments were received
concerning this rule. No substantive changes have been made to the rule
as proposed.
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. No comments were
received concerning this rule. No substantive changes have been made to
the rule as proposed.
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. No comments were received concerning this
rule. No substantive changes have been made to the rule as proposed.
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
[[Page 34934]]
adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards. No comments were
received concerning this rule. No substantive changes have been made to
the rule as proposed.
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 safety zone
therefore paragraph (34)(g) of the Instruction applies.
An environmental analysis checklist and a 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 proposes to
amend 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.T09-0235 to read as follows:
Sec. 165.T09-0235 Safety Zone; Michigan City Super Boat Grand Prix,
Lake Michigan, Michigan City, IN
(a) Location. The following area is a temporary safety zone:
offshore of Long Beach in Michigan City, Indiana, a 4500 yard by 600
yard area encompassing specified U.S. waters of Lake Michigan bound by
a line drawn from 41[deg]43[min]42[sec] N, 086[deg]54[min]18[sec] W;
then north to 41[deg]43[min]49[sec] N, 086[deg]54[min]31[sec] W; then
east to 41[deg]44[min]48[sec] N, 086[deg]51[min]45[sec] W; then south
to 41[deg]44[min]42[sec] N, 086[deg]51[min]31[sec] W; then west
returning to the point of origin (NAD 83).
(b) Enforcement period. This regulation will be enforced between 9
a.m. and 4 p.m. on August 8, 2010. The Captain of the Port, Sector Lake
Michigan, or his or her on-scene representative may terminate this
operation at anytime.
(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, Sector Lake Michigan, or his or her on-scene
representative.
(2) This safety zone is 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 the safety
zone 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 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 zone 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 3, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-14850 Filed 6-18-10; 8:45 am]
BILLING CODE 9110-04-P
