Safety Zone; Grand Marais Splash-In, West Bay, Lake Superior, Grand Marais, MI, 34001-34004 [2010-14486]
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Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations
the docket where indicated under
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
procedures; and related management
systems 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.
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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 establishing a safety zone
around a fireworks display and is
expected to have no impact on the water
or environment. This zone is designed
to protect mariners and spectators from
the hazards associated with aerial
fireworks displays. An environmental
analysis checklist and a categorical
exclusion determination are available in
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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.
34001
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period: This
regulation will be in effect from 8 p.m.
to 10 p.m. on July 4, 2010.
Dated: June 3, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2010–14469 Filed 6–15–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0470]
2. Add § 165.T05–0477 to read as
follows:
RIN 1625–AA00
§ 165.T05–0477 Safety Zone; Fourth of
July Fireworks Event, Cape Charles City
Harbor, Cape Charles, VA.
Safety Zone; Grand Marais Splash-In,
West Bay, Lake Superior, Grand
Marais, MI
■
(a) Regulated Area. The following area
is a safety zone: specified waters of the
Captain of the Port Sector Hampton
Roads zone, as defined in 33 CFR 3.25–
10, in the vicinity of Cape Charles City
Harbor in Cape Charles, VA and within
420 feet of position 37°15′59″ N/
076°01′12″ W (NAD 1983).
(b) Definition: For the purposes of this
part, Captain of the Port Representative
means any U.S. Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port, Hampton Roads, Virginia to
act on his behalf.
(c) Regulations: (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port, Hampton Roads or
his designated representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads can be reached through the Sector
Duty Officer at Sector Hampton Roads
in Portsmouth, Virginia at telephone
number (757) 638–6641.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
West Bay, on Lake Superior, Grand
Marais, MI. This safety zone is intended
to restrict vessel traffic from a portion of
West Bay during the Grand Marais
Splash-In Sea Plane Competition.
DATES: This rule is effective from 2 p.m.
to 5 p.m. on June 19, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0470 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0470 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 BMC Gregory Ford,
Marine Event Coordinator, U.S. Coast
Guard Sector Sault Sainte Marie;
telephone 906–635–3222, e-mail
Gregory.C.Ford@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations
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.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
permit application was not received in
time to publish an NPRM followed by
a final rule before the effective date and
immediate action is necessary to
prevent possible loss of life or property
due to the potential hazards associated
with the sea plane competition.
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.
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Background and Purpose
This temporary safety zone is
necessary to ensure the safety of vessels
and spectators from hazards associated
with sea planes taking-off, flying and
landing in the area. The Captain of the
Port Sault Sainte Marie has determined
an aircraft competition with sea planes
flying and landing in close proximity to
watercraft pose significant risk to public
safety and property. The likely
combination of large numbers of
recreation vessels, congested waterways,
alcohol use, and debris falling from the
sky into the water presents a significant
risk of serious injuries or fatalities.
Establishing a safety zone to control
vessel movement around the location of
the competition and landing area will
help ensure the safety of persons and
property at these events and help
minimize the associated risks.
Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of spectators and
vessels during the performance of flight
maneuvers and water landings in
conjunction with the Grand Marias
Splash In. This event will occur
between 2 p.m. and 5 p.m. on June 19,
2010.
The safety zone for the Grand Marais
Splash-In will encompass the southern
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portion of West Bay. The zone will be
bound to the north by a line beginning
100 feet south-southeast of the Lake
Street Boat Launch, extending 5280 feet
to the east on a true bearing of 080
degrees. The eastern boundary will then
be formed by a line drawn to the
shoreline on a true bearing of 170
degrees. The western and southern
boundaries of the zone will be bound by
the shoreline of West Bay. The zone is
bound by the coordinates 46°40′22.98″
N/ 085°59′00.78″ W, 46°40′32.04″ N
085°57′46.14″ W and 46°40′19.68″ N
085°57′43.08″ W [DATUM: NAD 83],
with the West Bay shoreline forming the
South and West boundaries of the zone.
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated onscene representative. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Sector Sault Sainte Marie, or his onscene representative. The Captain of the
Port or his on-scene representative may
be contacted via VHF Channel 16.
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 Superior off Grand
Marais, Michigan between 2 p.m. and 5
p.m. on June 19, 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 be
in effect for three hours on one day, and
the majority of marinas, piers and
wharfs in the area are located on the
northern shoreline of West Bay. The
Safety Zone will allow vessels to move
freely between these areas and Lake
Superior. In the event that this
temporary safety zone affects shipping,
commercial vessels may request
permission from the Captain of the Port
Sault Sainte Marie to transit through the
safety zone. The Coast Guard will give
notice to the public via a Broadcast
Notice to Mariners that the regulation is
in effect.
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.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
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.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
This determination is based on the
minimal time of three hours that vessels
will be restricted from the zone. 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
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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
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Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations
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 (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.
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 create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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.
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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
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34003
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.
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.
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
§ 165.T09–0470 Safety Zone; Grand Marais
Splash-In, West Bay, Lake Superior, Grand
Marais, MI.
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 because this
rule involves the establishment of a
temporary safety zone. 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 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:
■
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2. Add new temporary § 165.T09–
0470 as follows:
■
(a) Location. The following area is a
temporary safety zone: all U.S.
navigable waters of West Bay, Lake
Superior, Grand Marais, MI bound to
the north by a line beginning 100 feet
south-southeast of the Lake Street Boat
Launch, extending 5280 feet to the east
on a true bearing of 080 degrees. The
eastern boundary will then be formed by
a line drawn to the shoreline on a true
bearing of 170 degrees. The western and
southern boundaries of the zone will be
bound by the shoreline of West Bay. The
zone is bound by the coordinates
46°40′22.98″ N 085°59′00.78″ W,
46°40′32.04″ N 085°57′46.14″ W, and
46°40′19.68″ N 085°57′43.08″ W
[DATUM: NAD 83], with the West Bay
shoreline forming the South and West
boundaries of the zone.
(b) Effective period. This regulation
will be enforced from 2 p.m. to 5 p.m.
on June 19, 2010.
(1) The Captain of the Port, Sector
Sault Sainte Marie may suspend at any
time the enforcement of any safety zone
established under this section.
(2) The Captain of the Port, Sector
Sault Sainte Marie, will notify the
public of the enforcement and
suspension of enforcement of a safety
zone established by this section via any
means that will provide as much notice
as possible to the public. These means
might include some or all of those listed
in 33 CFR 165.7(a). The primary method
of notification, however, will be through
Broadcast Notice to Mariners and Local
Notice to Mariners.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring within an
enforced safety zone established by this
section is prohibited unless authorized
by the Captain of the Port, Sector Sault
Sainte Marie, 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,
Sector Sault Sainte Marie, or his onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Sault
Sainte Marie, is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
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of the Port, Sector Sault Sainte Marie, to
act on his behalf. The on-scene
representative of the Captain of the Port,
Sector Sault Sainte Marie, is any Coast
Guard commissioned, warrant or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
(4) Vessel operators desiring to enter
or operate within an enforced safety
zone shall contact the Captain of the
Port, Sector Sault Sainte Marie, or his
on-scene representative to obtain
permission to do so. The Captain of the
Port, Sector Sault Sainte Marie, or his
on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port, Sector Sault Sainte
Marie, or his on-scene representative.
Dated: June 2, 2010.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2010–14486 Filed 6–15–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 39
RIN 2900–AM96
State Cemetery Grants
Department of Veterans Affairs.
Final rule.
AGENCY:
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ACTION:
SUMMARY: The Department of Veterans
Affairs (VA) is issuing this final rule to
amend regulations governing grants to
States for the establishment, expansion,
and improvement of State veterans
cemeteries (Establishment, Expansion,
and Improvement Projects). We are
implementing through regulation new
statutory authority to provide grants for
the operation and maintenance of State
veterans cemeteries (Operation and
Maintenance Projects), as authorized by
the Dr. James Allen Veteran Vision
Equity Act of 2007 (the Act), enacted on
December 26, 2007. The Act expands
VA authority to provide grants to States
for operating and maintaining State
veterans cemeteries and limits to $5
million the aggregate amount of such
grants VA may award in any fiscal year.
VA is amending its regulations to
outline the process, the criteria, and the
priorities relating to the award of these
Operation and Maintenance Project
grants. This final rule will also amend
our regulations by changing the
arrangement and numbering of the
current regulatory sections,
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incorporating some non-substantive
changes to the regulations, and
removing specific forms from this part
that are available at https://
www.cem.va.gov/cem/scg_grants.asp.
DATES: Effective Date: July 16, 2010. The
incorporation by reference of certain
publications listed in the rule is
approved by the Director of the Federal
Register as of July 16, 2010.
Applicability Date: This final rule
shall apply to all applications for State
cemetery grant funds that are received
by VA on or after the effective date of
this final rule, and to all applications for
State cemetery grant funds that were
pending with VA on that date.
FOR FURTHER INFORMATION CONTACT:
Frank Salvas, Director of State Cemetery
Grants Service, National Cemetery
Administration (NCA), Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Washington DC 20420. Telephone:
(202) 461–8947 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: On
December 31, 2009, VA published a
proposed rule in the Federal Register
(74 FR 69304) to amend regulations in
38 CFR part 39 governing grants to
States for Establishment, Expansion,
and Improvement Projects and to
implement through regulation new
statutory authority to provide grants for
Operation and Maintenance Projects, as
authorized by the Act (Pub. L. 110–157),
enacted on December 26, 2007. VA
provided a 60-day comment period for
the proposed rule that ended March 1,
2010. We received no comments. Based
on the rationale set forth in the
proposed rule, we are adopting the
provisions of the proposed rule as a
final rule with the following changes.
We made a non-substantive change to
proposed §§ 39.35 and 39.85, so that
those regulations refer to a
Memorandum of Agreement, rather than
a Notification of Award, to be consistent
with the title of the corresponding VA
Form 40–0895–11.
Also, although we proposed to update
references to the architectural design
codes that apply to grant applicants, we
decided to update those references in a
separate rulemaking. Therefore, we
removed the references to the updated
editions of the various codes in
proposed § 39.63 and replaced them
with references to the 2002 and 2003
editions of the codes, as appropriate,
that were previously incorporated by
reference into 38 CFR part 39. Similarly,
we removed the references to the
International Mechanical Code and
International Plumbing Code in
proposed § 39.63 and replaced them
with references to the Uniform
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Mechanical Code and Uniform
Plumbing Code, respectively, which
were previously incorporated by
reference into 38 CFR part 39. We did
the same with an address from which
copies of those two codes can be
obtained. Therefore, the editions of
codes that were previously incorporated
by reference into 38 CFR part 39 will
continue to be applicable to grant
applicants until the references to the
codes are updated or changed through
rulemaking.
Executive Order 12866
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Executive Order classifies a ‘‘significant
regulatory action,’’ requiring review by
the Office of Management and Budget
(OMB), as any regulatory action that is
likely to result in a rule that may: (1)
Have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or Tribal governments or communities;
(2) create a serious inconsistency or
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this final rule have been
examined, and it has been determined
not to be a significant regulatory action
under the Executive Order.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. This final rule
will directly affect only State
government entities and will not
directly affect small entities. Therefore,
pursuant to 5 U.S.C. 605(b), this final
rule is exempt from the initial and final
regulatory flexibility analysis
requirements of sections 603 and 604.
E:\FR\FM\16JNR1.SGM
16JNR1
]]>Agencies
[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Rules and Regulations]
[Pages 34001-34004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14486]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0470]
RIN 1625-AA00
Safety Zone; Grand Marais Splash-In, West Bay, Lake Superior,
Grand Marais, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
West Bay, on Lake Superior, Grand Marais, MI. This safety zone is
intended to restrict vessel traffic from a portion of West Bay during
the Grand Marais Splash-In Sea Plane Competition.
DATES: This rule is effective from 2 p.m. to 5 p.m. on June 19, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0470 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0470 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 BMC Gregory Ford, Marine Event
Coordinator, U.S. Coast Guard Sector Sault Sainte Marie; telephone 906-
635-3222, e-mail Gregory.C.Ford@uscg.mil. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 34002]]
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. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the permit application was not
received in time to publish an NPRM followed by a final rule before the
effective date and immediate action is necessary to prevent possible
loss of life or property due to the potential hazards associated with
the sea plane competition.
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
vessels and spectators from hazards associated with sea planes taking-
off, flying and landing in the area. The Captain of the Port Sault
Sainte Marie has determined an aircraft competition with sea planes
flying and landing in close proximity to watercraft pose significant
risk to public safety and property. The likely combination of large
numbers of recreation vessels, congested waterways, alcohol use, and
debris falling from the sky into the water presents a significant risk
of serious injuries or fatalities. Establishing a safety zone to
control vessel movement around the location of the competition and
landing area will help ensure the safety of persons and property at
these events and help minimize the associated risks.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the performance of flight maneuvers and
water landings in conjunction with the Grand Marias Splash In. This
event will occur between 2 p.m. and 5 p.m. on June 19, 2010.
The safety zone for the Grand Marais Splash-In will encompass the
southern portion of West Bay. The zone will be bound to the north by a
line beginning 100 feet south-southeast of the Lake Street Boat Launch,
extending 5280 feet to the east on a true bearing of 080 degrees. The
eastern boundary will then be formed by a line drawn to the shoreline
on a true bearing of 170 degrees. The western and southern boundaries
of the zone will be bound by the shoreline of West Bay. The zone is
bound by the coordinates 46[deg]40'22.98'' N/ 085[deg]59'00.78'' W,
46[deg]40'32.04'' N 085[deg]57'46.14'' W and 46[deg]40'19.68'' N
085[deg]57'43.08'' W [DATUM: NAD 83], with the West Bay shoreline
forming the South and West boundaries of the zone.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Sector
Sault Sainte Marie, or his on-scene representative. The Captain of the
Port or his on-scene representative may be contacted via VHF Channel
16.
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 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 of three hours that
vessels will be restricted from the zone. 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 may be
small entities: the owners and operators of vessels intending to
transit or anchor in a portion of Lake Superior off Grand Marais,
Michigan between 2 p.m. and 5 p.m. on June 19, 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 be in effect for three hours on one day, and the majority of
marinas, piers and wharfs in the area are located on the northern
shoreline of West Bay. The Safety Zone will allow vessels to move
freely between these areas and Lake Superior. In the event that this
temporary safety zone affects shipping, commercial vessels may request
permission from the Captain of the Port Sault Sainte Marie to transit
through the safety zone. The Coast Guard will give notice to the public
via a Broadcast Notice 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 offer to assist small
entities in understanding the rule so that they can 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
[[Page 34003]]
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 (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.
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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
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.
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 procedures; and related management
systems 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 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 because this rule involves the establishment of a
temporary safety zone. 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 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, 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 new temporary Sec. 165.T09-0470 as follows:
Sec. 165.T09-0470 Safety Zone; Grand Marais Splash-In, West Bay, Lake
Superior, Grand Marais, MI.
(a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of West Bay, Lake Superior, Grand Marais, MI
bound to the north by a line beginning 100 feet south-southeast of the
Lake Street Boat Launch, extending 5280 feet to the east on a true
bearing of 080 degrees. The eastern boundary will then be formed by a
line drawn to the shoreline on a true bearing of 170 degrees. The
western and southern boundaries of the zone will be bound by the
shoreline of West Bay. The zone is bound by the coordinates
46[deg]40'22.98'' N 085[deg]59'00.78'' W, 46[deg]40'32.04'' N
085[deg]57'46.14'' W, and 46[deg]40'19.68'' N 085[deg]57'43.08'' W
[DATUM: NAD 83], with the West Bay shoreline forming the South and West
boundaries of the zone.
(b) Effective period. This regulation will be enforced from 2 p.m.
to 5 p.m. on June 19, 2010.
(1) The Captain of the Port, Sector Sault Sainte Marie may suspend
at any time the enforcement of any safety zone established under this
section.
(2) The Captain of the Port, Sector Sault Sainte Marie, will notify
the public of the enforcement and suspension of enforcement of a safety
zone established by this section via any means that will provide as
much notice as possible to the public. These means might include some
or all of those listed in 33 CFR 165.7(a). The primary method of
notification, however, will be through Broadcast Notice to Mariners and
Local Notice to Mariners.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring within an enforced
safety zone established by this section is prohibited unless authorized
by the Captain of the Port, Sector Sault Sainte Marie, 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, Sector Sault Sainte Marie, or
his on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Sault Sainte Marie, is any Coast Guard commissioned, warrant or
petty officer who has been designated by the Captain
[[Page 34004]]
of the Port, Sector Sault Sainte Marie, to act on his behalf. The on-
scene representative of the Captain of the Port, Sector Sault Sainte
Marie, is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port to act on his behalf.
(4) Vessel operators desiring to enter or operate within an
enforced safety zone shall contact the Captain of the Port, Sector
Sault Sainte Marie, or his on-scene representative to obtain permission
to do so. The Captain of the Port, Sector Sault Sainte Marie, or his
on-scene representative may be contacted via VHF Channel 16. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the Captain of the Port,
Sector Sault Sainte Marie, or his on-scene representative.
Dated: June 2, 2010.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2010-14486 Filed 6-15-10; 8:45 am]
BILLING CODE 9110-04-P
