[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19517]
[[Page Unknown]]
[Federal Register: August 10, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 09-94-022]
RIN 2115-AE46
Special Local Regulation; West Michigan Offshore Powerboat
Challenge, Lake Michigan, Grand Haven, MI
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: A special local regulation is being adopted for the marine
event, West Michigan Offshore Powerboat Challenge. This event will be
held on Lake Michigan, Grand Haven, MI on September 11, 1994. The West
Michigan Offshore Powerboat Challenge will have an estimated 50-70
offshore powerboats, racing in a closed course on Lake Michigan which
could pose hazards to navigation in the area. This regulation is needed
to provide for the safety of life, limb, and property on navigable
waters during the event.
EFFECTIVE DATE: This regulation is effective from 12 p.m. (EDST) 3 p.m.
(EDST), September 11, 1994.
FOR FURTHER INFORMATION CONTACT:
William A. Thibodeau, Marine Science Technician Second Class, U.S.
Coast Guard, Aids to Navigation & Waterways Management Branch, Ninth
Coast Guard District, 1240 East 9th Street, Cleveland, Ohio 44199-2060,
(216) 522-3990.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of
Proposed Rulemaking has not been published for this regulation and good
cause exists for making it effective in less than 30 days from the date
of publication. Following normal rulemaking procedures would have been
impracticable. The application to hold this event was not received by
the Commander, Ninth Coast Guard District until July 25, 1994, and
there was not sufficient time remaining to publish a proposed rule in
advance of the event or to provide for a delayed effective date.
Drafting Information
The drafters of this regulation are Scott J. Smith, Lieutenant
Junior Grade, U.S. Coast Guard, Project Officer, Aids to Navigation &
Waterways Management Branch and Karen E. Lloyd, Lieutenant, U.S. Coast
Guard, Project Attorney, Ninth Coast Guard District Legal Office.
Discussion of Regulation
The West Michigan Offshore Powerboat Challenge will be held on Lake
Michigan, Grand Haven, MI on September 11, 1994. This event will have
an estimated 50-70 offshore powerboats, racing in a closed course on
Lake Michigan which could pose hazards to navigation in the area. The
effect of this regulation will be to restrict general navigation on
that portion of Lake Michigan, between Grand Haven, MI and Port
Sheldon, MI. This regulation is necessary to ensure the protection of
life, limb, and property during this event. Any vessel desiring to
transit the regulated area may do so only with prior approval of the
Patrol Commander (Commanding Officer, U.S. Coast Guard Station Grand
Haven, MI).
This regulation is issued pursuant to 33 U.S.C. 1225 and 1231 as
set out in the authority citation for all of Part 165.
Federalism Implications
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rulemaking does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under section 2.B.2.c of Coast Guard
Commandant Instruction M16475.1B, it is categorically excluded from
further environmental documentation.
Economic Assessment and Certification
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of the DOT is unnecessary.
Collection of Information
This regulation will impose no collection of information
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulation
In consideration of the foregoing, Part 100 of Title 33, Code of
Federal Regulations, is amended as follows:
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary section 100.35-T09022 is added to read as follows:
Sec. 100.35-T09022 West Michigan Offshore Powerboat Challenge, Lake
Michigan, Grand Haven, MI.
(a) Regulated area. That portion of Lake Michigan from:
Latitude Longitude
43 deg. 03.4' N 086 deg. 15.3' W (Grand Haven
South Pierhead Entrance Light, LLNR 18965), thence along the breakwater
and shoreline to
42 deg. 54.8' N 086 deg. 13', thence to
42 deg. 54.8' N 086 deg. 15.7', thence to
43 deg. 03.4' N 086 deg. 15.7', thence to
43 deg. 03.4' N 086' 15.3' W (Grand Haven
South Pierhead Entrance Light, LLNR 18965).
(b) Special local regulation. This regulation restricts general
navigation in the regulated area for the safety of spectators and
participants. Any vessel desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander.
(c) Patrol commander. (1) The Coast Guard will patrol the regulated
area under the direction of a designated Coast Guard Patrol Commander
(Commanding Officer, U.S. Coast Guard Station Grand Haven, MI). The
Patrol Commander may be contacted on channel 16 (156.8 MHZ) by the call
sign ``Coast Guard Patrol Commander.''
(2) The Patrol Commander may direct the anchoring, mooring, or
movement of any boat or vessel within the regulated area. A succession
of sharp, short signals by whistle or horn from vessels patrolling the
area under the direction of the U.S. Coast Guard Patrol Commander shall
serve as a signal to stop. Any vessel so signaled shall stop and shall
comply with the orders of the Patrol Commander. Failure to do so may
result in expulsion from the area, citation for failure to comply, or
both.
(3) The Patrol Commander may establish vessel size and speed
limitations and operating conditions.
(4) The Patrol Commander may restrict vessel operation within the
regulated area to vessels having particular operating characteristics.
(5) The Patrol Commander may terminate the marine event or the
operation of any vessel at any time it is deemed necessary for the
protection of life, limb, or property.
(6) All persons in the area shall comply with the orders of the
Coast Guard Patrol Commander.
(d) Effective date. This section will become effective from 12 p.m.
(ESDT) until 3 p.m. (EDST) on September 11, 1994, unless otherwise
terminated by the Coast Guard Patrol Commander (Commanding Officer,
U.S. Coast Guard Station Grand Haven, MI).
Dated: July 26, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-19517 Filed 8-9-94; 8:45 am]
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