Safety Zone; Milwaukee Air and Water Show, Milwaukee, Lake Michigan, Milwaukee, WI, 19307-19310 [2010-8475]
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Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Proposed Rules
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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing safety zones
around fireworks displays and is
therefore expected to be categorically
excluded, under section 2.B.2. Figure
2–1, paragraph 34(g), of the Instruction.
Comments on this section will be
considered before we make the final
decision on whether this proposed rule
should be categorically excluded from
further environmental review. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
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; 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. Amend § 165.941 by adding new
paragraphs (a)(50) through (a)(56) to
read as follows:
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§ 165.941 Safety Zones; Annual Fireworks
Events in the Captain of the Port Detroit
Zone.
(a) * * *
(50) Celebrate America Fireworks,
Grosse Pointe Farms, MI:
(i) Location: All waters of Lake St.
Clair within a 500-foot radius of the
fireworks launch site located at position
42°22′58″ N, 082°53′46″ W. (NAD 83).
This area is located southeast of the
Grosse Point Yacht Club.
(ii) Expected date: One evening
during the third week in June. The exact
dates and times for this event will be
determined annually.
(51) Target Fireworks, Detroit, MI:
(i) Location: The following three areas
are safety zones:
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(A) The first safety zone area will
encompass all waters of the Detroit
River bounded by the arc of a circle
with a 900-foot radius with its center in
position 42°19′23″ N, 083°04′34″ W.
(B) The second safety zone area will
encompass a portion of the Detroit River
bounded on the South by the
International Boundary line, on the
West by 83°03′30″ W, on the North by
the City of Detroit shoreline and on the
East by 083°01′15″ W.
(C) The third safety zone will
encompass a portion of the Detroit River
bounded on the South by the
International Boundary line, on the
West by the Ambassador Bridge, on the
North by the City of Detroit shoreline,
and on the East by the downstream end
of Belle Isle. The Captain of the Port
Detroit has determined that vessels
below 65 feet in length may enter this
zone.
(ii) Expected date: One evening
during the last week in June. The exact
dates and times for this event will be
determined annually.
(52) Sigma Gamma Association
Fireworks, Grosse Pointe Farms, MI:
(i) Location: All waters of Lake St.
Clair, within a 300-yard radius of the
fireworks launch site located at position
42°27′ N, 082°52′ W (NAD 83) This
position is located in the vicinity of
Ford’s Cove.
(ii) Expected date: One evening
during the last week in June. The exact
dates and times for this event will be
determined annually.
(53) Southside Summer Fireworks,
Port Huron, MI:
(i) Location: All waters of St. Clair
River within a 300 yard radius of
position 42°57′55″ N, 082°25′20″ W.
This position is located on the shore of
the St. Clair River in the vicinity of Oak
and 3rd Street, Port Huron, MI. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(ii) Expected date: One evening
during the last week in June. The exact
dates and times for this event will be
determined annually.
(54) Bay City Fireworks Festival, Bay
City, MI:
(i) Location: All waters of the Saginaw
River near Bay City, MI, from the
Veteran’s Memorial Bridge, located at
position 43°35.8′ N; 083°53.6′ W, south
approximately 1000 yards to the River
Walk Pier, located at position 43°35.3′
N; 083°53.8′ W. All geographic
coordinates are North American Datum
of 1983 (NAD 83).
(ii) Expected date: Three evenings
during the first week in July. The exact
dates and times for this event will be
determined annually.
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(55) Toledo 4th of July Fireworks,
Toledo, OH:
(i) Location: All waters of the Maumee
River within a 300-yard radius of the
fireworks launch site located at position
41°38′35″ N, 083°31′54″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(ii) Expected date: One evening
during the first week in July. The exact
dates and times for this event will be
determined annually.
(56) Toledo Labor Day Fireworks,
Toledo, OH:
(i) Location: All waters of the Maumee
River within a 300-yard radius of the
fireworks launch site located at position
41°38′35″ N, 083°31′54″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(ii) Expected Date: One evening
during the first week in September. The
exact dates and times for this event will
be determined annually.
*
*
*
*
*
Dated: March 31, 2010.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2010–8477 Filed 4–13–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0225]
RIN 1625–AA00
Safety Zone; Milwaukee Air and Water
Show, Milwaukee, Lake Michigan,
Milwaukee, WI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a temporary safety zone on
Lake Michigan near Bradford Beach in
Milwaukee, Wisconsin. This zone is
intended to restrict vessels from a
portion of Lake Michigan due to a largescale air show and a fireworks display.
This proposed safety zone is necessary
to protect the surrounding public and
their vessels from the hazards associated
with a large-scale air show and
fireworks display.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 14, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0225 using any one of the
following methods:
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Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Proposed Rules
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Petty Officer Adam
Kraft, U.S. Coast Guard Sector Lake
Michigan; telephone 414–747–7154,
e-mail Adam.D.Kraft@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0225),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
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address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–0225’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
0225’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
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and place announced by a later notice
in the Federal Register.
Background and Purpose
This temporary safety zone is
necessary to ensure the safety of the
public and vessels from the hazards
associated with the Milwaukee Air and
Water Show. The Captain of the Port,
Sector Lake Michigan, has determined
that the Milwaukee Air and Water Show
presents significant risks to public
safety and property. The likely
combination of congested waterways
and a large-scale Air show and
fireworks display could easily result in
serious injuries or fatalities. Last year
this event occurred with the same
proposed safety zone in effect. The zone
provided a safe environment for the
public to enjoy a large-scale air show.
This year they will be adding a short 15
minute fireworks show to the end of the
air show, occurring on Friday, June 11,
2010.
Discussion of Proposed Rule
The proposed rule and associated
safety zone is necessary to ensure the
safety of vessels and people during the
Milwaukee Air and Water show. The
safety zone is a 4,000 yard by 1,000 yard
rectangle located on Lake Michigan,
parallel to Bradford Beach in
Milwaukee, Wisconsin. The safety zone
will encompass all U.S. waters of Lake
Michigan bound by a line drawn from
43°02′57″ N, 087°52′53″ W; then north
to 43°04′40″ N, 087°51′29″ W; then east
to 43°04′33″ N, 087°51′12″ W; then
south to 43°02′50″ N, 087°52′36″ W;
then west returning to the point of
origin (NAD 83). The proposed safety
zone will be enforced only immediately
before, during, and immediately after
the event and only upon notice by the
Captain of the Port, Sector Lake
Michigan. The Captain of the Port,
Sector Lake Michigan, will use all
appropriate means to notify the public
when the safety zone will be enforced,
including publication in the Federal
Register in accordance with 33 CFR
165.7(a). Means of notification may also
include Broadcast Notice to Mariners or
Local Notice to Mariners. The Captain of
the Port, Sector Lake Michigan, will
issue a Broadcast Notice to Mariners
notifying the public when enforcement
of the safety zone established by this
section is cancelled.
All persons and vessels shall comply
with the instructions of the Captain of
the Port, Sector Lake Michigan, or his or
her designated on-scene representative.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her
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Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Proposed Rules
designated on-scene representative. The
Captain of the Port, Sector Lake
Michigan, or his or her designated onscene representative may be contacted
via VHF Channel 16.
The Coast Guard expects this
temporary final rule will be effective
less than 30 days after publication in the
Federal Register because delaying the
effective date would be contrary to the
public interest due to the need to
protect the public from the dangers
associated with fireworks displays.
Regulatory Analyses
We developed this proposed 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.
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Regulatory Planning and Review
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 is not a significant regulatory
action because the safety zone will be in
effect for a minimal amount of time.
Plus, vessels may still transit the area
with the permission of the Captain of
the Port, Sector Lake Michigan, or his or
her designated on-scene representative.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would 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, between 12:01 a.m. on June
10, 2010 through 11:59 p.m. on June 13,
2010, in the portion of Lake Michigan
within the safety zone established
below.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
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the following reasons: This safety zone
will be in effect for only a few days and
enforced for only a few hours. Plus,
vessels may still transit through the
zone with the permission of the Captain
of the Port, Sector Lake Michigan, or his
or her designated on-scene
representative. Moreover, the Coast
Guard will give notice to the public that
the regulation is in effect and when it
will be enforced.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Petty Officer
Adam Kraft, Prevention Department,
Coast Guard Sector Lake Michigan,
Milwaukee, WI at (414)747–7154. The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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
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19309
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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.
Civil Justice Reform
This proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
Tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes.
Energy Effects
We have analyzed this proposed 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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Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Proposed Rules
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
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing a temporary safety
zone around the air show and fireworks
display and is therefore expected to be
categorically excluded, under section
2.B.2. Figure 2–1, paragraph 34(g), of the
Instruction. Comments on this section
will be considered before we make the
final decision on whether this proposed
rule should be categorically excluded
from further environmental review. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR Part 165 as follows:
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16:14 Apr 13, 2010
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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.T09–0225 to read as
follows:
§ 165.T09–0225 Safety Zone; Milwaukee
Air and Water Show, Lake Michigan,
Milwaukee, WI
(a) Location. The following area is a
temporary safety zone: A 4,000 yard by
1,000 yard rectangle located on Lake
Michigan, parallel to Bradford Beach in
Milwaukee, Wisconsin. The safety zone
will encompass all U.S. waters of Lake
Michigan bound by a line drawn from
43°02′57″ N, 087°52′53″ W; then north
to 43°04′40″ N, 087°51′29″ W; then east
to 43°04′33″ N, 087°51′12″ W; then
south to 43°02′50″ N, 087°52′36″ W;
then west returning to the point of
origin (NAD 83).
(b) Effective period. This regulation is
effective from 12:01 a.m. on June 10,
2010 through 11:59 p.m. on June 13,
2010. It will be enforced between noon
and 4 p.m. on June 10, 2010, between
the hours of 2:30 p.m. and 9:30 p.m. on
June 11, 2010, and again between the
hours of 9 a.m. and 5 p.m. on June 12
and 13, 2010. The Captain of the Port,
Sector Lake Michigan, or his or her onscene 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 in this safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his or her designated onscene representative.
(2) This safety zone is closed to all
vessel traffic except as permitted by the
Captain of the Port, Sector Lake
Michigan, or his or her designated 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
or 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. The Captain of the
Port, Sector Lake Michigan, or his or her
designated on-scene representative may
be contacted via VHF Channel 16.
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(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 designated
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, Sector Lake Michigan, or his
or her on-scene representative.
Dated: April 1, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2010–8475 Filed 4–13–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 61, and 63
[EPA–R06–OAR–2006–0851; FRL–9137–1]
Delegation of New Source
Performance Standards and National
Emission Standards for Hazardous Air
Pollutants for the State of Louisiana
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The EPA is proposing to
approve the Louisiana Department of
Environmental Quality (LDEQ) updated
regulations for receiving delegation of
EPA authority for implementation and
enforcement of New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
for all sources (both part 70 and nonpart 70 sources). These regulations
apply to certain NSPS promulgated by
EPA at 40 CFR part 60, as amended
through July 1, 2008; and certain
NESHAPs promulgated by EPA, as
amended through July 1, 2008, for both
40 CFR part 61 and 63 standards. The
rule also incorporates by reference
certain other revisions made after July 1,
2008. The delegation of authority under
this action does not apply to sources
located in Indian Country. EPA is
providing notice that it has approved
delegation of certain NSPS to LDEQ,
and taking direct final action to approve
the delegation of certain NESHAPs to
LDEQ.
DATES: Written comments must be
received on or before May 14, 2010.
ADDRESSES: Comments may be mailed to
Mr. Guy Donaldson, Chief, Air Planning
Section (6PD–L), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
E:\FR\FM\14APP1.SGM
14APP1
]]>Agencies
[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Proposed Rules]
[Pages 19307-19310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8475]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0225]
RIN 1625-AA00
Safety Zone; Milwaukee Air and Water Show, Milwaukee, Lake
Michigan, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on Lake Michigan near Bradford Beach in Milwaukee, Wisconsin. This zone
is intended to restrict vessels from a portion of Lake Michigan due to
a large-scale air show and a fireworks display. This proposed safety
zone is necessary to protect the surrounding public and their vessels
from the hazards associated with a large-scale air show and fireworks
display.
DATES: Comments and related material must be received by the Coast
Guard on or before May 14, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0225 using any one of the following methods:
[[Page 19308]]
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Petty Officer Adam Kraft, U.S. Coast Guard Sector
Lake Michigan; telephone 414-747-7154, e-mail Adam.D.Kraft@uscg.mil. If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0225), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0225'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0225'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of the
public and vessels from the hazards associated with the Milwaukee Air
and Water Show. The Captain of the Port, Sector Lake Michigan, has
determined that the Milwaukee Air and Water Show presents significant
risks to public safety and property. The likely combination of
congested waterways and a large-scale Air show and fireworks display
could easily result in serious injuries or fatalities. Last year this
event occurred with the same proposed safety zone in effect. The zone
provided a safe environment for the public to enjoy a large-scale air
show. This year they will be adding a short 15 minute fireworks show to
the end of the air show, occurring on Friday, June 11, 2010.
Discussion of Proposed Rule
The proposed rule and associated safety zone is necessary to ensure
the safety of vessels and people during the Milwaukee Air and Water
show. The safety zone is a 4,000 yard by 1,000 yard rectangle located
on Lake Michigan, parallel to Bradford Beach in Milwaukee, Wisconsin.
The safety zone will encompass all U.S. waters of Lake Michigan bound
by a line drawn from 43[deg]02'57'' N, 087[deg]52'53'' W; then north to
43[deg]04'40'' N, 087[deg]51'29'' W; then east to 43[deg]04'33'' N,
087[deg]51'12'' W; then south to 43[deg]02'50'' N, 087[deg]52'36'' W;
then west returning to the point of origin (NAD 83). The proposed
safety zone will be enforced only immediately before, during, and
immediately after the event and only upon notice by the Captain of the
Port, Sector Lake Michigan. The Captain of the Port, Sector Lake
Michigan, will use all appropriate means to notify the public when the
safety zone will be enforced, including publication in the Federal
Register in accordance with 33 CFR 165.7(a). Means of notification may
also include Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port, Sector Lake Michigan, will issue a Broadcast
Notice to Mariners notifying the public when enforcement of the safety
zone established by this section is cancelled.
All persons and vessels shall comply with the instructions of the
Captain of the Port, Sector Lake Michigan, or his or her designated on-
scene representative. Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port,
Sector Lake Michigan, or his or her
[[Page 19309]]
designated on-scene representative. The Captain of the Port, Sector
Lake Michigan, or his or her designated on-scene representative may be
contacted via VHF Channel 16.
The Coast Guard expects this temporary final rule will be effective
less than 30 days after publication in the Federal Register because
delaying the effective date would be contrary to the public interest
due to the need to protect the public from the dangers associated with
fireworks displays.
Regulatory Analyses
We developed this proposed 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 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 is not a significant regulatory action because the safety zone
will be in effect for a minimal amount of time. Plus, vessels may still
transit the area with the permission of the Captain of the Port, Sector
Lake Michigan, or his or her designated on-scene representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would 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, between 12:01 a.m. on June 10,
2010 through 11:59 p.m. on June 13, 2010, in the portion of Lake
Michigan within the safety zone established below.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone will be in effect for only a few days and enforced for only
a few hours. Plus, vessels may still transit through the zone with the
permission of the Captain of the Port, Sector Lake Michigan, or his or
her designated on-scene representative. Moreover, the Coast Guard will
give notice to the public that the regulation is in effect and when it
will be enforced.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Petty Officer Adam Kraft,
Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI
at (414)747-7154. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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.
Civil Justice Reform
This proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
Energy Effects
We have analyzed this proposed 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.
[[Page 19310]]
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 adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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
made a preliminary determination that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under ADDRESSES. This proposed rule involves
establishing a temporary safety zone around the air show and fireworks
display and is therefore expected to be categorically excluded, under
section 2.B.2. Figure 2-1, paragraph 34(g), of the Instruction.
Comments on this section will be considered before we make the final
decision on whether this proposed rule should be categorically excluded
from further environmental review. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard 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 Sec. 165.T09-0225 to read as follows:
Sec. 165.T09-0225 Safety Zone; Milwaukee Air and Water Show, Lake
Michigan, Milwaukee, WI
(a) Location. The following area is a temporary safety zone: A
4,000 yard by 1,000 yard rectangle located on Lake Michigan, parallel
to Bradford Beach in Milwaukee, Wisconsin. The safety zone will
encompass all U.S. waters of Lake Michigan bound by a line drawn from
43[deg]02'57'' N, 087[deg]52'53'' W; then north to 43[deg]04'40'' N,
087[deg]51'29'' W; then east to 43[deg]04'33'' N, 087[deg]51'12'' W;
then south to 43[deg]02'50'' N, 087[deg]52'36'' W; then west returning
to the point of origin (NAD 83).
(b) Effective period. This regulation is effective from 12:01 a.m.
on June 10, 2010 through 11:59 p.m. on June 13, 2010. It will be
enforced between noon and 4 p.m. on June 10, 2010, between the hours of
2:30 p.m. and 9:30 p.m. on June 11, 2010, and again between the hours
of 9 a.m. and 5 p.m. on June 12 and 13, 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 in
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her designated on-scene
representative.
(2) This safety zone is closed to all vessel traffic except as
permitted by the Captain of the Port, Sector Lake Michigan, or his or
her designated 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 or 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. The
Captain of the Port, Sector Lake Michigan, or his or her designated 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, Sector Lake Michigan, or
his or her designated 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, Sector Lake Michigan, or his or her on-scene
representative.
Dated: April 1, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-8475 Filed 4-13-10; 8:45 am]
BILLING CODE 9110-04-P
