Safety Zone; ISAF Nations Cup Grand Final Fireworks Display, Sheboygan, WI, 53051-53054 [2011-21699]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
(ii) Amount. 200 to 400 mg per gal in
drinking water. Administer
continuously 5 to 7 days or as long as
clinical signs persist, then reduce to
prevention levels (100 mg/gal).
(A) Indications for use. Treatment of
necrotic enteritis caused by C.
perfringens susceptible to bacitracin
methylene disalicylate.
*
*
*
*
*
(4) * * *
(i) Amount. 400 mg per gal in
drinking water.
*
*
*
*
*
■ 3. Revise § 520.970 to read as follows:
§ 520.970
(a) Specifications. (1) Each 10-gram (g)
packet of granules contains flunixin
meglumine equivalent to 250 milligrams
(mg) of flunixin.
(2) Each 30-g syringe of paste contains
flunixin meglumine equivalent to 1,500
mg of flunixin.
(b) Sponsor. See No. 000061 in
§ 510.600(c) of this chapter.
(c) Conditions of use in horses—(1)
Amount. 0.5 mg of flunixin per pound
of body weight per day.
(2) Indications for use. For alleviation
of inflammation and pain associated
with musculoskeletal disorders.
(3) Limitations. Do not use in horses
intended for human consumption.
Federal law restricts this drug to use by
or on the order of a licensed
veterinarian.
■
[Removed]
4. Remove § 520.970a.
§ 520.970b
■
[Removed]
5. Remove § 520.970b.
PART 522—IMPLANTATION OR
INJECTABLE DOSAGE FORM NEW
ANIMAL DRUGS
6. The authority citation for 21 CFR
part 522 continues to read as follows:
■
Authority: 21 U.S.C. 360b.
7. In § 522.90b, revise paragraph
(d)(2)(iii) to read as follows:
■
§ 522.90b
Ampicillin trihydrate.
srobinson on DSK4SPTVN1PROD with RULES
*
*
*
*
*
(d) * * *
(2) * * *
(iii) Limitations. Do not treat cattle for
more than 7 days. Milk from treated
cows must not be used for food during
treatment and for 48 hours (4 milkings)
after the last treatment. Cattle must not
be slaughtered for food during treatment
and for 144 hours (6 days) after the last
treatment. Federal law restricts this drug
to use by or on the order of a licensed
veterinarian.
VerDate Mar<15>2010
16:26 Aug 24, 2011
§ 522.1083 Gonadotropin releasing factor
analog-diphtheria toxoid conjugate.
(a) Specifications. Each milliliter of
solution contains 0.2 milligrams (mg)
gonadotropin releasing factor analogdiphtheria toxoid conjugate.
*
*
*
*
*
■ 9. In § 522.1410, revise the section
heading, remove and reserve paragraph
(c), and revise paragraphs (a) and (d) to
read as follows:
§ 522.1410
Flunixin.
§ 520.970a
8. In § 522.1083, revise the section
heading and paragraph (a) to read as
follows:
■
Jkt 223001
Methylprednisolone.
(a) Specifications. Each milliliter of
suspension contains 20 or 40 milligrams
(mg) of methylprednisolone acetate.
(b) * * *
(c) [Reserved]
(d) Conditions of use—(1) Dogs—(i)
Amount. Administer 2 to 40 mg (up to
120 mg in extremely large breeds or
dogs with severe involvement) by
intramuscular injection or up to 20 mg
by intrasynovial injection.
(ii) Indications for use. For treatment
of inflammation and related disorders;
treatment of allergic and dermatologic
disorders; and as supportive therapy to
antibacterial treatment of severe
infections.
(iii) Limitations. Federal law restricts
this drug to use by or on the order of
a licensed veterinarian.
(2) Cats—(i) Amount. Administer 10
to 20 mg by intramuscular injection.
(ii) Indications for use. For treatment
of inflammation and related disorders;
treatment of allergic and dermatologic
disorders; and as supportive therapy to
antibacterial treatment of severe
infections.
(iii) Limitations. Federal law restricts
this drug to use by or on the order of
a licensed veterinarian.
(3) Horses—(i) Amount. Administer
200 mg by intramuscular injection or 40
to 240 mg by intrasynovial injection.
(ii) Indications for use. For treatment
of inflammation and related disorders.
(iii) Limitations. Do not use in horses
intended for human consumption.
Federal law restricts this drug to use by
or on the order of a licensed
veterinarian.
■ 10. In § 522.2260, revise paragraphs
(a), (d)(1), and (d)(3) to read as follows:
§ 522.2260
Sulfamethazine.
(a) Specifications. Each milliliter (mL)
of solution contains 250 milligrams (mg)
sulfamethazine sodium.
*
*
*
*
*
(d) * * *
(1) Amount. Initially administer 20
mL for each 50 pounds (lb) of body
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
53051
weight (100 mg/lb) by intravenous
injection, followed by 20 mL per 100 lb
of body weight (50 mg/lb) by
intravenous injection, daily thereafter.
Treatment should not exceed a total of
5 consecutive days.
*
*
*
*
*
(3) Limitations. Withdraw medication
from cattle 10 days prior to slaughter.
Do not use in female dairy cattle 20
months of age or older. Federal law
restricts this drug to use by or on the
order of a licensed veterinarian.
Dated: August 18, 2011.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2011–21721 Filed 8–24–11; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0755]
RIN 1625–AA00
Safety Zone; ISAF Nations Cup Grand
Final Fireworks Display, Sheboygan,
WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of Lake Michigan in
Sheboygan, Wisconsin. This zone is
intended to restrict vessels from a
portion of Sheboygan Harbor during a
fireworks display on September 13,
2011. This temporary safety zone is
necessary to protect spectators and
vessels from the hazards associated with
this fireworks display.
DATES: This rule is effective from 7:45
until 8:45 p.m. on September 13, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0755 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0755 in the Docket ID box,
pressing Enter, 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
SUMMARY:
E:\FR\FM\25AUR1.SGM
25AUR1
53052
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
rule, contact or e-mail BM1 Adam Kraft,
U.S. Coast Guard Sector Lake Michigan,
at 414–747–7148 or
Adam.D.Kraft@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 doing
so would be impracticable and contrary
to the public interest. Notice of this
fireworks display 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
Captain of the Port, Sector Lake
Michigan, from protecting the public
and vessels from the hazards associated
with this maritime display.
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,
waiting for the 30-day notice period to
run would be impracticable and
contrary to the public interest.
srobinson on DSK4SPTVN1PROD with RULES
Background and Purpose
The ISAF Nations Cup Grand Final
fireworks are a City permitted fireworks
display that occurs over Sheboygan’s
Harbor in Sheboygan, Wisconsin. The
fireworks for this event will be launched
from 8 to 8:30 p.m. on September 13,
2011. The Captain of the Port, Sector
Lake Michigan has determined that
fireworks launched proximate to
watercraft pose a significant risk to
public safety and property. Such
hazards include premature detonations,
dangerous detonations, dangerous
projectiles, and falling or burning
debris.
VerDate Mar<15>2010
16:26 Aug 24, 2011
Jkt 223001
Discussion of Rule
Because of the aforesaid hazards, the
Captain of the Port, Sector Lake
Michigan, 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 fireworks display.
Accordingly, this temporary safety zone
will encompass all waters of Lake
Michigan and Sheboygan Harbor in the
vicinity of the south pier in Sheboygan,
Wisconsin within a 500 foot radius from
the fireworks launch site located on
land in position 43°44′55″ N, 087°41′51″
W. (DATUM: NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative. The Captain of the Port,
Sector Lake Michigan, or his or her
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 during the short time
this zone will be in effect, 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
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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 or operators of
vessels intending to transit or anchor in
the affected portion of Lake Michigan
and Sheboygan Harbor near the south
pier in Sheboygan, Wisconsin, between
7:45 and 8:45 p.m. on September 13,
2011.
This temporary safety zone will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: During the
display, the zone in this regulation will
only be in effect for 60 minutes, and
vessel traffic can safely pass outside the
safety zone during the event. In the
event that this temporary safety zone
affects shipping, commercial vessels
may request permission from the
Captain of the Port, Sector Lake
Michigan, to transit through the safety
zone. The Coast Guard will give notice
to the public via a Broadcast 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).
E:\FR\FM\25AUR1.SGM
25AUR1
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this 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 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.
srobinson on DSK4SPTVN1PROD with RULES
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
VerDate Mar<15>2010
16:26 Aug 24, 2011
Jkt 223001
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. This rule
involves the establishment of a
temporary safety zone which is
anticipated to have minimal impact to
the environment. 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.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
53053
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. 1231; 46 U.S.C.
Chapters 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.T09–0755 to read as
follows:
■
§ 165.T09–0755 Safety Zone; ISAF Nations
Cup Grand Final Fireworks Display,
Sheboygan, Wisconsin.
(a) Location. The following area is a
temporary safety zone: All waters of
Lake Michigan and Sheboygan Harbor,
in the vicinity of the south pier in
Sheboygan Wisconsin, within a 500 foot
radius from the fireworks launch site
located on land in position 43°44′55″ N,
087°41′51″ W.
(b) Effective and Enforcement period.
This rule will be effective and enforced
from 7:45 to 8:45 p.m. on September 13,
2011.
(c) Regulations.
(1) In accordance with the general
regulations in section 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 Lake Michigan, or his or her
designated representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Sector Lake Michigan, or his or her
designated representative.
(3) The ‘‘designated representative’’ of
the Captain of the Port, Sector Lake
Michigan, is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sector Lake Michigan, to act
on his or her behalf. The designated
representative of the Captain of the Port,
Sector Lake Michigan, will be aboard
either a Coast Guard or Coast Guard
Auxiliary vessel.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Lake Michigan, or his or her designated
representative to obtain permission to
do so. The Captain of the Port, Sector
Lake Michigan, or his or her designated
representative may be contacted via
VHF Channel 16.
(5) 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
E:\FR\FM\25AUR1.SGM
25AUR1
53054
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
Lake Michigan, or his or her designated
representative.
Dated: August 10, 2011.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2011–21699 Filed 8–24–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0279]
RIN 1625–AA00
Safety Zone; TriMet Bridge Project,
Willamette River; Portland, OR
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The U.S. Coast Guard will
establish a safety zone during the
construction of the TriMet Bridge on the
Willamette River, in Portland, OR. This
action is necessary to ensure the safety
of recreational vessels and commercial
vessels transiting in close proximity to
cranes and overhead work associated
with this construction project. During
the enforcement period, all vessels will
be required to transit through the area
at a no wake speed and at a safe
distance from the work being
conducted.
SUMMARY:
This rule is effective in the CFR
on August 25, 2011 through 11:59 p.m.
on September 30, 2014. This rule is
effective with actual notice for purposes
of enforcement as of 12:01 a.m. on July
1, 2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0279 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0279 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
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 rule, call or
e-mail BM1 Silvestre G. Suga,
waterways Management Division,
Marine Safety Unit Portland, Oregon,
srobinson on DSK4SPTVN1PROD with RULES
DATES:
VerDate Mar<15>2010
16:26 Aug 24, 2011
Jkt 223001
Coast Guard; telephone 503–240–9319,
e-mail Silvestre.G.Suga@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
On May 4, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone: TriMet Bridge
Project, Willamette River; Portland, OR
in the Federal Register (76 FR 86). We
received no comments on the proposed
rule. The Coast Guard did not receive a
request for a public hearing.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective in less than
30 days after publication in the Federal
Register. Due to the need for immediate
action, the restriction of vessel traffic is
necessary to protect the public;
therefore, a 30-day delayed effective
date is impracticable. Delaying the
effective date would be contrary to the
safety zone’s intended objectives of
protecting the public during the
construction of the TriMet Bridge on the
Willamette River, in Portland, OR.
Basis and Purpose
TriMet and their contractor, Kiewit
Infrastructure West, began construction
of the new Portland-Milwaukie Light
Rail Bridge on July 1, 2011 (with inwater mobilization beginning in June).
The construction of the bridge will last
from July 2011 through October 2014.
The project includes the construction of
four piers, two on land and two piers in
the water requiring cofferdams. Trestles
will be constructed to complete sections
of the project as well as the use of crane
barges that can be affected by vessel
wakes. To ensure the safety of
construction crews on the barges,
trestles, and cranes involved in this
project TriMet has requested that the
Coast Guard place a 1,000 foot safety
zone around the entire project. This
safety zone will include a 500 foot no
wake zone upriver and downriver of the
project. It will also include two
exclusionary zones that will require
vessels passing through the area to
remain a distance of 100 feet in all
directions away from the work trestles
and 140 feet in all directions away from
the cranes. This will ensure that the
vessels passing through the designated
areas will not be in a dangerous position
under cranes or too close to the trestles.
Background
The Coast Guard did not consider any
other options for this construction site.
The safety hazards in the immediate
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
area around this construction required
actions to be taken to ensure that vessels
did not get within 100 feet of certain
areas of the equipment on the
construction site.
Discussion of Comments and Changes
There were no comments received on
the notice of proposed rulemaking and
there have been no changes made to the
proposed rule.
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. The Coast Guard has made this
determination based on the fact that this
rule does not stop all river traffic. The
rule will only limit entry into certain
areas of the river for safety; the other
section of the river will be open for
transits at a no wake speed. Users of the
river should not be adversely affected by
the closures and delays.
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 may affect the following
entities some of which may be small
entities: The owners or operators of
vessels wishing to transit the safety zone
established by this rule. The rule will
not have a significant economic impact
on a substantial number of small entities
because parts of the area will still be
accessible to vessels and the vessels will
still be able to transit through the safety
zone area with permission. The Coast
Guard did not receive any comments on
this rule from small entities.
E:\FR\FM\25AUR1.SGM
25AUR1
]]>Agencies
[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Rules and Regulations]
[Pages 53051-53054]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21699]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0755]
RIN 1625-AA00
Safety Zone; ISAF Nations Cup Grand Final Fireworks Display,
Sheboygan, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Lake Michigan in Sheboygan, Wisconsin. This zone is intended
to restrict vessels from a portion of Sheboygan Harbor during a
fireworks display on September 13, 2011. This temporary safety zone is
necessary to protect spectators and vessels from the hazards associated
with this fireworks display.
DATES: This rule is effective from 7:45 until 8:45 p.m. on September
13, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0755 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0755 in the
Docket ID box, pressing Enter, 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
[[Page 53052]]
rule, contact or e-mail BM1 Adam Kraft, U.S. Coast Guard Sector Lake
Michigan, at 414-747-7148 or Adam.D.Kraft@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 doing so would be impracticable and
contrary to the public interest. Notice of this fireworks display 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 Captain of the Port, Sector Lake
Michigan, from protecting the public and vessels from the hazards
associated with this maritime display.
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, waiting for the 30-day notice period to run
would be impracticable and contrary to the public interest.
Background and Purpose
The ISAF Nations Cup Grand Final fireworks are a City permitted
fireworks display that occurs over Sheboygan's Harbor in Sheboygan,
Wisconsin. The fireworks for this event will be launched from 8 to 8:30
p.m. on September 13, 2011. The Captain of the Port, Sector Lake
Michigan has determined that fireworks launched proximate to watercraft
pose a significant risk to public safety and property. Such hazards
include premature detonations, dangerous detonations, dangerous
projectiles, and falling or burning debris.
Discussion of Rule
Because of the aforesaid hazards, the Captain of the Port, Sector
Lake Michigan, 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 fireworks display. Accordingly, this
temporary safety zone will encompass all waters of Lake Michigan and
Sheboygan Harbor in the vicinity of the south pier in Sheboygan,
Wisconsin within a 500 foot radius from the fireworks launch site
located on land in position 43[deg]44'55'' N, 087[deg]41'51'' W.
(DATUM: NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her
designated representative. Entry into, transiting, or anchoring within
the safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her designated representative.
The Captain of the Port, Sector Lake Michigan, or his or her 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 during the short time this zone will be in effect, 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 or operators of vessels intending to transit
or anchor in the affected portion of Lake Michigan and Sheboygan Harbor
near the south pier in Sheboygan, Wisconsin, between 7:45 and 8:45 p.m.
on September 13, 2011.
This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: During the display, the zone in this regulation will only be
in effect for 60 minutes, and vessel traffic can safely pass outside
the safety zone during the event. In the event that this temporary
safety zone affects shipping, commercial vessels may request permission
from the Captain of the Port, Sector Lake Michigan, to transit through
the safety zone. The Coast Guard will give notice to the public via a
Broadcast 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).
[[Page 53053]]
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this 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 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. This rule involves the establishment of a temporary
safety zone which is anticipated to have minimal impact to the
environment. 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. Chapters 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.T09-0755 to read as follows:
Sec. 165.T09-0755 Safety Zone; ISAF Nations Cup Grand Final Fireworks
Display, Sheboygan, Wisconsin.
(a) Location. The following area is a temporary safety zone: All
waters of Lake Michigan and Sheboygan Harbor, in the vicinity of the
south pier in Sheboygan Wisconsin, within a 500 foot radius from the
fireworks launch site located on land in position 43[deg]44'55'' N,
087[deg]41'51'' W.
(b) Effective and Enforcement period. This rule will be effective
and enforced from 7:45 to 8:45 p.m. on September 13, 2011.
(c) Regulations.
(1) In accordance with the general regulations in section 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 Lake
Michigan, or his or her designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan, or his
or her designated representative.
(3) The ``designated representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan, to act on his or her behalf. The designated representative of
the Captain of the Port, Sector Lake Michigan, will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan, or
his or her designated representative to obtain permission to do so. The
Captain of the Port, Sector Lake Michigan, or his or her designated
representative may be contacted via VHF Channel 16.
(5) 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
[[Page 53054]]
Lake Michigan, or his or her designated representative.
Dated: August 10, 2011.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-21699 Filed 8-24-11; 8:45 am]
BILLING CODE 9110-04-P
