Safety Zone; Chicago Harbor, Navy Pier East, Chicago, IL, 52268-52269 [2011-21334]

Download as PDF 52268 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 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. mstockstill on DSK4VPTVN1PROD with 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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. VerDate Mar<15>2010 17:10 Aug 19, 2011 Jkt 223001 Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction. This rule involves the establishment of a safety zone which will only be effective temporarily and is therefore categorically excluded under paragraph 34(g) of the Instruction. A final environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Detroit or his designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port to act on his behalf. The on-scene representative of the Captain of the Port will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or his designated on scene representative may be contacted via VHF Channel 21. (4) Vessel operators desiring to enter or operate within the safety zone should contact the Captain of the Port Detroit or his 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 or his on-scene representative. 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 amends 33 CFR part 165 as follows: Dated: August 8, 2011. E. J. Marohn, Commander, U. S. Coast Guard, Acting Captain of the Port Detroit. 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; 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.T09–0754 to read as follows: ■ [FR Doc. 2011–21331 Filed 8–19–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0578] RIN 1625–AA00 Safety Zone; Chicago Harbor, Navy Pier East, Chicago, IL Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: § 165.T09–0754 Safety Zone; Coast Guard Exercise, Detroit River, Ambassador Bridge to the western tip of Belle Isle. ACTION: (a) Location. The safety zone will begin at Ambassador Bridge to the western tip of Belle Isle, and encompass all U.S. waters of the Detroit River, starting at position 42°18′45″ N, 083°04′28″ W; to position 42°19′59″ N, 083°00′18″ W. (DATUM: NAD 83). (b) Effective Period. This regulation is effective and will be enforced from 8 a.m. until 3 p.m. on August 23, 2011. (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 Detroit, or his designated on-scene representative. SUMMARY: PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 The Coast Guard will enforce the Navy Pier East Safety Zone in Chicago Harbor from August 12, 2011 through August 14, 2011 and again from September 28, 2011 through October 1, 2011. This action is necessary and intended to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after match race events. This rule will establish restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after match race events. During the enforcement period, no person or vessel may enter the safety zone without the permission E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations of the Captain of the Port, Sector Lake Michigan. The regulations in 33 CFR 165.933 will be enforced daily from 8 a.m. until 8 p.m. on August 12–14, 2011 and again from 8 a.m. to 8 p.m. on September 28, 2011 through October 1, 2011. DATES: If you have questions on this notice, call or e-mail BM1 Adam Kraft, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at 414–747– 7154, e-mail Adam.D.Kraft@uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce the safety zone; 33 CFR 165.933–Chicago Harbor, Navy Pier East, Chicago, IL for the following events: (1) Chicago Match Race; on August 12, 2011 from 8 a.m. through 8 p.m.; on August 13, 2011 from 8 a.m. through 8 p.m.; on August 14, 2011 from 8 a.m. through 8 p.m.; on September 28, 2011 from 8 a.m. through 8 p.m.; on September 29, 2011 from 8 a.m. through 8 p.m.; on September 30, 2011 from 8 a.m. through 8 p.m.; and on October 1, 2011 from 8 a.m. through 8 p.m. All vessels must obtain permission from the Captain of the Port, Sector Lake Michigan, or his or her on-scene representative to enter, move within or exit the safety zone. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port, Sector Lake Michigan, or his or her onscene representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. This notice is issued under authority of 33 CFR 165.933 Safety Zone, Chicago Harbor, Navy Pier East, Chicago IL and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of these enforcement periods via 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 suspended. If the Captain of the Port, Sector Lake Michigan, determines that the safety zone need not be enforced for the full duration stated in this notice, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the safety zone. The Captain of the Port, Sector Lake Michigan, or his or her on-scene representative may be contacted via VHF Channel 16. mstockstill on DSK4VPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:10 Aug 19, 2011 Jkt 223001 Dated: August 10, 2011. M. W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan. [FR Doc. 2011–21334 Filed 8–19–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0752] RIN 1625–AA00 Safety Zone; Port Huron Float Down, St. Clair River, Port Huron, MI 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 the St. Clair River, Port Huron, Michigan. This safety zone is intended to restrict vessels from portions of the St. Clair River during the Port Huron Float Down. Though this is an unsanctioned, non-permitted event, this temporary safety zone is necessary to protect spectators and vessels from the hazards associated with river tubing and float-down events. DATES: This rule is effective and will be enforced from 12 to 8 p.m. on August 21, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2011– 0752 and are available online by going to https://www.regulations.gov, inserting USCG–2011–0752 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail Lt. Adrian Palomeque, Prevention Department, Sector Detroit, Coast Guard; telephone (313)568–9508, e-mail Adrian.F.Palomeque@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 52269 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 doing so would be impracticable and contrary to the public interest. Notice was not received in sufficient time for the Coast Guard to solicit public comments before the start of the event. Thus, waiting for a notice and comment period to run would be impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to protect the public from the hazards associated with this Coast Guard exercise. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30days after publication in the Federal Register. For the same reasons discussed in the preceding paragraph, waiting for the 30-day notice period to run would be impracticable and contrary to the public interest because immediate action is necessary to prevent possible loss of life or property. Background and Purpose On August 21, 2011, a non-permitted public event has been advertised over various social-media sites in which a large number of persons may float down a segment of the St. Clair River using inner tubes and other similar floatation devices. This event took place in 2009/ 2010, though it did not receive a state or Federal permit, it drew in over 5,000 participants. Despite the plan put together by the Federal, state and local officials, emergency responders and LE officials were overwhelmed with medical emergencies, people drifting across the international border, and people trespassing on residential property when trying to get out of the water before the designated finish line. Promotional information for the event continues to be published, and more than 5,000 people are anticipated to float down the river this year. Based on the amount of public participation and safety concerns identified in 2009 and 2010, the Captain of the Port Detroit has determined that E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Rules and Regulations]
[Pages 52268-52269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21334]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0578]
RIN 1625-AA00


Safety Zone; Chicago Harbor, Navy Pier East, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Navy Pier East Safety Zone in 
Chicago Harbor from August 12, 2011 through August 14, 2011 and again 
from September 28, 2011 through October 1, 2011. This action is 
necessary and intended to ensure safety of life on the navigable waters 
of the United States immediately prior to, during, and immediately 
after match race events. This rule will establish restrictions upon, 
and control movement of, vessels in a specified area immediately prior 
to, during, and immediately after match race events. During the 
enforcement period, no person or vessel may enter the safety zone 
without the permission

[[Page 52269]]

of the Captain of the Port, Sector Lake Michigan.

DATES: The regulations in 33 CFR 165.933 will be enforced daily from 8 
a.m. until 8 p.m. on August 12-14, 2011 and again from 8 a.m. to 8 p.m. 
on September 28, 2011 through October 1, 2011.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or e-mail BM1 Adam Kraft, Prevention Department, Coast Guard 
Sector Lake Michigan, Milwaukee, WI at 414-747-7154, e-mail 
Adam.D.Kraft@uscg.mil.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety 
zone; 33 CFR 165.933-Chicago Harbor, Navy Pier East, Chicago, IL for 
the following events:
    (1) Chicago Match Race; on August 12, 2011 from 8 a.m. through 8 
p.m.; on August 13, 2011 from 8 a.m. through 8 p.m.; on August 14, 2011 
from 8 a.m. through 8 p.m.; on September 28, 2011 from 8 a.m. through 8 
p.m.; on September 29, 2011 from 8 a.m. through 8 p.m.; on September 
30, 2011 from 8 a.m. through 8 p.m.; and on October 1, 2011 from 8 a.m. 
through 8 p.m.
    All vessels must obtain permission from the Captain of the Port, 
Sector Lake Michigan, or his or her on-scene representative to enter, 
move within or exit the safety zone. Vessels and persons granted 
permission to enter the safety zone shall obey all lawful orders or 
directions of the Captain of the Port, Sector Lake Michigan, or his or 
her on-scene representative. While within a safety zone, all vessels 
shall operate at the minimum speed necessary to maintain a safe course.
    This notice is issued under authority of 33 CFR 165.933 Safety 
Zone, Chicago Harbor, Navy Pier East, Chicago IL and 5 U.S.C. 552(a). 
In addition to this notice in the Federal Register, the Coast Guard 
will provide the maritime community with advance notification of these 
enforcement periods via 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 suspended. If the 
Captain of the Port, Sector Lake Michigan, determines that the safety 
zone need not be enforced for the full duration stated in this notice, 
he or she may use a Broadcast Notice to Mariners to grant general 
permission to enter the safety zone. The Captain of the Port, Sector 
Lake Michigan, or his or her on-scene representative may be contacted 
via VHF Channel 16.

    Dated: August 10, 2011.
M. W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-21334 Filed 8-19-11; 8:45 am]
BILLING CODE 9110-04-P

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