Safety Zone; Bay Point Fireworks, Bay Point Marina; Marblehead, OH, 38020-38023 [2011-16246]
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38020
Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations
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.
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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.
16:04 Jun 28, 2011
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 which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a
temporary safety zone to protect the
public from bridge maintenance
operations. 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
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(c) Regulations. (1) The general
regulations contained in Sec. 165.23 of
this part apply to the area described in
paragraph (b) of this section.
(2) Persons or vessels requiring entry
into or passage through any portion of
the safety zone must first request
authorization from the Captain of the
Port, or a designated representative,
unless the Captain of the Port
previously announced via Marine Safety
Radio Broadcast on VHF Marine Band
Radio channel 22 (157.1 MHz) that this
regulation will not be enforced in that
portion of the safety zone. The Captain
of the Port can be contacted at telephone
number (910) 343–3882 or by radio on
VHF Marine Band Radio, channels 13
and 16.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement period. This section
will be enforced from 10 a.m. to 4 p.m.
on August 20, 2011 unless cancelled
earlier by the Captain of the Port.
Dated: June 13, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2011–16350 Filed 6–28–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
[Docket No. USCG–2011–0516]
Authority: 33 U.S.C. 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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
Safety Zone; Bay Point Fireworks, Bay
Point Marina; Marblehead, OH
■
2. Add temporary § 165.T05–0184 to
read as follows:
■
Technical Standards
VerDate Mar<15>2010
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
§ 165.T05–0230 SAFETY ZONE; Newport
River, Morehead City, NC.
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector North Carolina.
Representative means any Coast Guard
commissioned, warrant, or petty officer
who has been authorized to act on the
behalf of the Captain of the Port.
(b) Location. The following area is a
safety zone: This zone includes the
waters of Newport River directly under
latitude 34°43′15″ North, longitude
076°41′39″ West, and 100 yards on
either side of the U.S. Highway 70 Fixed
bridge at Morehead City, North
Carolina.
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RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the Captain of the Port Detroit Zone on
Lake Erie, Marblehead, Ohio. This Zone
is intended to restrict vessels from
portions of Lake Erie for the Bay Point
Fireworks. This temporary safety zone is
necessary to protect spectators and
vessels from the hazards associated with
fireworks displays.
DATES: This regulation is effective from
10 p.m. on July 2, 2011 through 10:20
p.m. July 3, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0516 and are available online by going
to https://www.regulations.gov, inserting
SUMMARY:
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Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations
USCG–2011–0516 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 BM1 Tracy Girard,
Response Department, Marine Safety
Unit Toledo, Coast Guard; telephone
(419) 418–6036, e-mail
tracy.m.girard@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
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 waiting
for a comment period to run would be
impracticable and contrary to the public
interest because it would prevent the
Captain of the Port Detroit from
protecting the public from the hazards
associated with maritime fireworks
displays.
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. For the same reasons
discussed in the preceding paragraph, a
30-day notice period would be
impracticable and contrary to the public
interest.
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Background and Purpose
The Bay Point fireworks displays will
occur between 10 p.m. and 10:20 p.m.
on July 2, 2011. In the case of inclement
weather on July 2, 2011, the fireworks
display will occur between 10 p.m. until
10:20 p.m. on July 3, 2011, weather
permitting. The Captain of the Port
Detroit has determined that the Bay
Point fireworks display will present
hazards to spectators within the vicinity
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of the launch site. Such hazards include
obstructions to the waterway, the
explosive danger of fireworks, and
debris falling into the water.
Discussion of Rule
Because of the aforesaid hazards, the
Captain of the Port, Sector Detroit has
determined that a temporary safety zone
is necessary to ensure the safety of
spectators and vessels during the setup,
loading, and launching of the Bay Point
Fireworks display. Accordingly, the
safety zone will encompass all U.S.
navigable waters of Lake Erie within a
140-yard radius of the fireworks launch
site, located at position 41°30′29.23″ N,
082°43′8.45″ W. All geographic
coordinates are North American Datum
of 1983 (NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port, Sector Detroit or the
designated representative. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port,
Sector Detroit or his designated
representative. The Captain of the Port,
Sector Detroit or his designated
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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We conclude that this rule is not
a significant regulatory action because
we anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues.
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
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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 the Lake Erie, Bay Point
Marina; Marblehead, OH between 10
p.m. and 10:20 p.m. on July 2, 2011 or,
in the case of inclement weather on July
2, 2011, from 10 p.m. until 10:20 p.m.
on July 3, 2011.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will
only be in effect for twenty minutes
total and commercial vessels can
request permission 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
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Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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
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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
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16:04 Jun 28, 2011
Jkt 223001
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
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 023–01, 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 which 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 it
involves the establishment of a
temporary safety zone. This rule
involves the establishment of a safety
zone and is therefore categorically
excluded under paragraph 34(g) of the
Instruction. 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:
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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. 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.T09–0516 to read as
follows:
■
§ 165.T09–0516 Safety Zone; Bay Point
Fireworks, Bay Point Marina; Marblehead,
OH.
(a) Location. The following area is a
temporary safety zone: All U.S.
navigable waters of Lake Erie, Bay Point
Marina, Marblehead, OH within a 140yard radius of the fireworks launch site
located at position 41°30′29.23″ N,
082°43′8.45″ W.
(b) Effective and enforcement period.
This regulation is effective from 10 p.m.
on July 2, 2011 through 10:20 p.m. July
3, 2011. The safety zone will be
enforced from 10 p.m. until to 10:20
p.m. on July 2, 2011. In the case of
inclement weather on July 2, 2011, this
regulation may also be enforced from 10
p.m. until 10:20 p.m. on July 3, 2011,
weather permitting.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Detroit or his
designated representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Sector Detroit or his designated
representative.
(3) The ‘‘designated representative’’ of
the Captain of the Port, Sector Detroit is
any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port,
Sector Detroit to act on his behalf. The
designated representative of the Captain
of the Port, Sector Detroit will be aboard
either a Coast Guard or Coast Guard
Auxiliary vessel. The Captain of the
Port, Sector Detroit or his designated
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
Detroit or his designated 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 Detroit or his
designated representative.
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Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations
Dated: June 16, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Detroit.
[FR Doc. 2011–16246 Filed 6–28–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0316–201139; FRL–
9426–1]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Alabama:
Birmingham; Determination of
Attaining Data for the 1997 Annual Fine
Particulate Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA has determined that the
Birmingham, Alabama, fine particulate
(PM2.5) nonattainment area (hereafter
referred to as ‘‘the Birmingham Area’’ or
‘‘Area’’) has attained the 1997 annual
average PM2.5 National Ambient Air
Quality Standard (NAAQS). The
Birmingham Area is comprised of
Jefferson and Shelby Counties in their
entireties, and a portion of Walker
County in Alabama. This determination
of attainment is based upon qualityassured and certified ambient air
monitoring data for the 2008–2010
period showing that the Area has
monitored attainment of the 1997
annual PM2.5 NAAQS. The requirements
for the Area to submit an attainment
demonstration and associated
reasonably available control measures
(RACM), a reasonable further progress
(RFP) plan, contingency measures, and
other planning State Implementation
Plan (SIP) revisions related to
attainment of the standard shall be
suspended so long as the Area continues
to attain the 1997 annual PM2.5 NAAQS.
DATES: Effective Date: This final rule is
effective on July 29, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R04–OAR–2011–0316. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
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SUMMARY:
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the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
Joel
Huey or Sara Waterson, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Mr. Huey
may be reached by phone at (404) 562–
9104 or via electronic mail at
huey.joel@epa.gov. Ms. Waterson may
be reached by phone at (404) 562–9061
or via electronic mail at
waterson.sara@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. What is EPA’s final action?
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is determining that the
Birmingham Area (comprised of
Jefferson and Shelby Counties in their
entireties, and a portion of Walker
County in Alabama) has attaining data
for the 1997 annual PM2.5 NAAQS. This
determination is based upon quality
assured, quality controlled and certified
ambient air monitoring data that shows
the Area has monitored attainment of
the 1997 annual PM2.5 NAAQS based on
the 2008–2010 data.
Other specific requirements of the
determination and the rationale for
EPA’s action are explained in the notice
of proposed rulemaking (NPR)
published on April 12, 2011 (76 FR
20291). For summary purposes, the
Pelham High School monitor did not
meet data completeness for the 3rd
quarter of 2010. The 3-year 2008–2010
design value with data substitution is
11.8 μg/m3; therefore, the monitor
passes the data substitution test. The
official design value for the monitor is
10.9 μg/m3. The Area’s highest 3-year
average annual concentration for 2008–
2010 is 13.7 μg/m3 at the North
Birmingham monitor. The comment
period closed on May 12, 2011. No
comments were received in response to
the NPR.
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II. What is the effect of this action?
This final action, in accordance with
40 CFR 51.1004(c), suspends the
requirements for this Area to submit
attainment demonstrations, associated
RACM, RFP plans, contingency
measures, and other planning SIPs
related to attainment of the 1997 annual
PM2.5 NAAQS as long as this Area
continues to meet the 1997 annual PM2.5
NAAQS. Finalizing this action does not
constitute a redesignation of the
Birmingham Area to attainment for the
1997 annual PM2.5 NAAQS under
section 107(d)(3) of the Clean Air Act
(CAA). Further, finalizing this action
does not involve approving
maintenance plans for the Area as
required under section 175A of the
CAA, nor does it involve a
determination that the Area has met all
requirements for a redesignation.
III. What is EPA’s final action?
EPA is determining that the
Birmingham Area has attaining data for
the 1997 annual PM2.5 NAAQS. This
determination is based upon quality
assured, quality controlled, and certified
ambient air monitoring data showing
that this Area has monitored attainment
of the 1997 annual PM2.5 NAAQS during
the period 2008–2010. This final action,
in accordance with 40 CFR 51.1004(c),
will suspend the requirements for this
Area to submit attainment
demonstrations, associated RACM, RFP
plans, contingency measures, and other
planning SIPs related to attainment of
the 1997 annual PM2.5 NAAQS as long
as the Area continues to meet the 1997
annual PM2.5 NAAQS. EPA is taking this
final action because it is in accordance
with the CAA and EPA policy and
guidance.
IV. Statutory and Executive Order
Reviews
This action makes a determination of
attainment based on air quality, and will
result in the suspension of certain
federal requirements, and it will not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
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]]>Agencies
[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Pages 38020-38023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16246]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0516]
RIN 1625-AA00
Safety Zone; Bay Point Fireworks, Bay Point Marina; Marblehead,
OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Captain of the Port Detroit Zone on Lake Erie, Marblehead, Ohio. This
Zone is intended to restrict vessels from portions of Lake Erie for the
Bay Point Fireworks. This temporary safety zone is necessary to protect
spectators and vessels from the hazards associated with fireworks
displays.
DATES: This regulation is effective from 10 p.m. on July 2, 2011
through 10:20 p.m. July 3, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0516 and are available online
by going to https://www.regulations.gov, inserting
[[Page 38021]]
USCG-2011-0516 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 BM1 Tracy Girard, Response Department,
Marine Safety Unit Toledo, Coast Guard; telephone (419) 418-6036, e-
mail tracy.m.girard@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 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 waiting for a comment period to run
would be impracticable and contrary to the public interest because it
would prevent the Captain of the Port Detroit from protecting the
public from the hazards associated with maritime fireworks displays.
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. For the same reasons discussed in
the preceding paragraph, a 30-day notice period would be impracticable
and contrary to the public interest.
Background and Purpose
The Bay Point fireworks displays will occur between 10 p.m. and
10:20 p.m. on July 2, 2011. In the case of inclement weather on July 2,
2011, the fireworks display will occur between 10 p.m. until 10:20 p.m.
on July 3, 2011, weather permitting. The Captain of the Port Detroit
has determined that the Bay Point fireworks display will present
hazards to spectators within the vicinity of the launch site. Such
hazards include obstructions to the waterway, the explosive danger of
fireworks, and debris falling into the water.
Discussion of Rule
Because of the aforesaid hazards, the Captain of the Port, Sector
Detroit has determined that a temporary safety zone is necessary to
ensure the safety of spectators and vessels during the setup, loading,
and launching of the Bay Point Fireworks display. Accordingly, the
safety zone will encompass all U.S. navigable waters of Lake Erie
within a 140-yard radius of the fireworks launch site, located at
position 41[deg]30'29.23'' N, 082[deg]43'8.45'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Detroit or the designated
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port, Sector
Detroit or his designated representative. The Captain of the Port,
Sector Detroit or his designated 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues.
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 the Lake Erie, Bay Point Marina;
Marblehead, OH between 10 p.m. and 10:20 p.m. on July 2, 2011 or, in
the case of inclement weather on July 2, 2011, from 10 p.m. until 10:20
p.m. on July 3, 2011.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be in effect for twenty minutes total and commercial
vessels can request permission 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
[[Page 38022]]
effect on State or local governments and would either preempt State law
or impose a substantial direct cost of compliance on them. We have
analyzed this rule under that Order and have determined that it does
not have implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not affect 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 Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 023-01, 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 which 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 it involves the establishment of a
temporary safety zone. This rule involves the establishment of a safety
zone and is therefore categorically excluded under paragraph 34(g) of
the Instruction. 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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0516 to read as follows:
Sec. 165.T09-0516 Safety Zone; Bay Point Fireworks, Bay Point Marina;
Marblehead, OH.
(a) Location. The following area is a temporary safety zone: All
U.S. navigable waters of Lake Erie, Bay Point Marina, Marblehead, OH
within a 140-yard radius of the fireworks launch site located at
position 41[deg]30'29.23'' N, 082[deg]43'8.45'' W.
(b) Effective and enforcement period. This regulation is effective
from 10 p.m. on July 2, 2011 through 10:20 p.m. July 3, 2011. The
safety zone will be enforced from 10 p.m. until to 10:20 p.m. on July
2, 2011. In the case of inclement weather on July 2, 2011, this
regulation may also be enforced from 10 p.m. until 10:20 p.m. on July
3, 2011, weather permitting.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Detroit or his designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Detroit or his
designated representative.
(3) The ``designated representative'' of the Captain of the Port,
Sector Detroit is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the Captain of the Port, Sector
Detroit to act on his behalf. The designated representative of the
Captain of the Port, Sector Detroit will be aboard either a Coast Guard
or Coast Guard Auxiliary vessel. The Captain of the Port, Sector
Detroit or his designated 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 Detroit or his
designated 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 Detroit or his designated representative.
[[Page 38023]]
Dated: June 16, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port, Sector Detroit.
[FR Doc. 2011-16246 Filed 6-28-11; 8:45 am]
BILLING CODE 9110-04-P
