Safety Zone; Cleveland National Air Show, Lake Erie, Cleveland, OH, 54377-54380 [2011-22356]
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Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Rules and Regulations
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.
wreier-aviles on DSKDVH8Z91PROD 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.
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 safety for the public and
environment and is not expected to
result in any significant adverse
environmental impact as described in
NEPA. An environmental analysis
checklist and a categorical exclusion
determination will be made available as
directed under the ADDRESSES section.
List of Subjects 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
54377
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–0734 to read as
follows:
■
§ 165.T08–0734 Safety Zone; Thunder on
the Gulf, Gulf of Mexico, Orange Beach, AL.
(a) Location. The following area is a
safety zone: a portion of the Gulf of
Mexico for the waters off Orange Beach,
Alabama, enclosed by a box starting at
a point on the shore at approximately
30°15′39″ N, 087°36′42″ W, then south
to 30°14′54″ N, 087°36′42″ W, then east,
roughly parallel to the shore line to
30°15′22″ N, 087°33′31″ W, then north
to a point on the shore at approximately
30°16′13″ N, 087°33′31″ W.
(b) Enforcement dates. This rule will
be enforced daily from 10 a.m. until
4 p.m. on October 6, 2011 through
October 9, 2011.
(c) Regulations. (1) In accordance with
the general regulations in 33 CFR part
165, subpart C, entry into this zone is
prohibited unless authorized by the
Captain of the Port Mobile or a
designated representative.
(2) Vessels desiring to enter into or
passage through the zone must request
permission from the Captain of the Port
Mobile or a designated representative.
They may be contacted on VHF–FM
channels 16 or by telephone at 251–
441–5976.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the Captain of the
Port or designated representative.
Designated representatives include
commissioned, warrant, and petty
officers of the U.S. Coast Guard.
(d) Informational Broadcasts: The
Captain of the Port or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the safety
zone as well as any changes in the
planned schedule.
Dated: August 4, 2011.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2011–22354 Filed 8–31–11; 8:45 am]
BILLING CODE 9110–04–P
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33 CFR Part 165
[Docket No. USCG–2011–0795]
RIN 1625–AA00
Safety Zone; Cleveland National Air
Show, Lake Erie, Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Erie, Cleveland, OH. This zone is
intended to restrict vessels from a
portion of Lake Erie during the
Cleveland National Air Show. This
safety zone is necessary to protect
persons and vessels from the potential
safety hazards associated with high
speed, low altitude acrobatic and
military aircraft.
DATES: This rule is effective from 7:30
a.m. to 6:30 p.m. daily starting on
September 1, 2011 through September 5,
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–2011–0795 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0795 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.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0795 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0795 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 Lieutenant Chris F.
Mercurio, Waterways Management
Division Chief, U.S. Coast Guard Sector
SUMMARY:
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Buffalo, at Coast Guard; telephone 716–
843–9343,
SectorBuffaloMarineSafety@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 of ensuring the
safety of spectators and vessels during
this event and immediate action is
necessary to prevent possible loss of life
or property due to the hazards
associated with an air show.
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 30 day notice period run
would be impracticable and contrary to
the public interest of ensuring the safety
of spectators and vessels during this
event and immediate action is necessary
to prevent possible loss of life or
property.
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Background and Purpose
This temporary safety zone is
necessary to ensure the safety of vessels
from the potential safety hazards
associated with high speed, low altitude
acrobatic and military aircraft. Further,
the likely combination of large numbers
of recreational vessels, congested
waterways, and alcohol use, present a
significant risk of serious injuries or
fatalities.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone for the Cleveland
National Air Show. The safety zone will
encompass all waters of Lake Erie and
Cleveland Harbor (near Burke Lakefront
Airport) bounded by a line drawn from
position 41°30.34′ N, 081°42.33′ W; to
41°30.84′ N, 081°42.82′ W; then to
41°32.15′ N, 081°39.82′ W; then to
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41°31.88′ N, 081°39.40′ W; then east to
41°31.71′ N, 081°39.76′ W; and then
back to the point of origin. The event
sponsor will establish marker buoys to
outline the safety zone at regular
intervals to assist vessels in recognizing
this area as a safety zone during the
times of enforcement. These coordinates
are based upon North American Datum
1983 (NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the on-scene
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Sector Buffalo or his
designated on-scene representative. The
Captain of the Port or his designated onscene 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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders. 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
or legal policy issue.
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
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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 the Lake Erie and
Cleveland Harbor from 7:30 a.m. to
6:30 p.m. daily on September 1 through
September 5, 2011.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This safety zone
will be in enforced only part of each day
of the effective period and vessel traffic
can safely pass around 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
Buffalo 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).
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
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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.
encouraged to contact the point of
contact listed under FOR FURTHER
INFORMATION CONTACT.
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 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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.
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.
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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
The Coast Guard recognizes the treaty
rights of Native American Tribes.
Moreover, the Coast Guard is committed
to working with Tribal Governments to
implement local policies and to mitigate
tribal concerns. We have determined
that this rule and fishing rights
protection need not be incompatible.
We have also determined that 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.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this rule or options for compliance are
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Energy Effects
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 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, ships can safely
pass around the zone, and the zone will
be enforced only part of each day during
the effective period. Therefore this rule
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54379
is categorically excluded under
paragraph 34(g) of the Instruction.
A final environmental analysis check
list and categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
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(g), 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.T09–0795 to read as
follows:
■
§ 165.T09–0795 Safety Zone; Cleveland
National Air Show, Lake Erie, Cleveland,
OH.
(a) Location. All waters of Lake Erie
and Cleveland Harbor (near Burke
Lakefront Airport) bounded by a line
drawn from position 41°30.34′ N,
081°42.33′ W; to 41°30.84′ N, 081°42.82′
W; then to 41°32.15′ N, 081°39.82′ W;
then to 41°31.88′ N, 081°39.40′ W; then
east to 41°31.71′ N, 081°39.76′ W; and
then back to the point of origin. These
coordinates are based upon North
American Datum 1983 (NAD 83).
(b) Effective and Enforcement Period:
This rule is effective from 7:30 a.m. to
6:30 p.m. daily on September 1, 2011
through September 5, 2011. The event
sponsor will establish marker buoys to
outline the safety zone at regular
intervals to assist vessels in recognizing
this area as a safety zone during the
times of enforcement.
(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 Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned warrant or
petty officer who has been designated
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by the Captain of the Port to act on his
behalf. The on-scene representative of
the Captain of the Port Buffalo 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 Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo or his on-scene
representative.
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 MST3 Kevin Moe,
Prevention Department, Coast Guard,
Sector Sault Sainte Marie, MI, telephone
(906) 253–2429, e-mail
Kevin.D.Moe@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Dated: August 18, 2011.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
Regulatory Information
[FR Doc. 2011–22356 Filed 8–31–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0719]
RIN 1625–AA00
Safety Zone; Suttons Bay Labor Day
Fireworks, Suttons Bay, Grand
Traverse Bay, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the Captain of the Port Sault Sainte
Marie zone. This zone is intended to
restrict vessels from certain portions of
water areas within Sector Sault Sainte
Marie Captain of the Port zone, as
defined by 33 CFR 3.45–45. This
temporary safety zone is necessary to
protect spectators and vessels from the
hazards associated with fireworks
displays.
SUMMARY:
This rule is effective from 8 until
11 p.m. on September 3, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are is part of docket USCG–
2011–0719 and are available online by
going to https://www.regulations.gov,
inserting USCG–2011–0719 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
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DATES:
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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
Coast Guard’s ability to protect 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,
waiting for a 30-day notice period to run
would be impracticable and contrary to
the public interest.
Background and Purpose
On the evening of September 3, 2011,
the Suttons Bay Chamber of Commerce
will conduct a fireworks display to
celebrate Labor Day. The celebration
will take place next to Suttons Bay
Marina Park in Suttons Bay, MI. The
Captain of the Port Sault Sainte Marie
has determined that the fireworks event
poses various hazards to the public,
including explosive dangers associated
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with fireworks, and debris falling into
the water. To minimize these and other
hazards, this rule will establish a
temporary safety zone around the
fireworks display.
Discussion of Rule
To mitigate the risks associated with
the Suttons Bay Labor Day Fireworks,
the Captain of the Port, Sector Sault
Sainte Marie will enforce a temporary
safety zone in the vicinity of the launch
site. This safety zone will encompass all
waters of Suttons Bay, in the vicinity of
the Municipal Marina, within the arc of
a circle with a 500ft radius from the
fireworks launch site located on a barge
positioned 44°58′39.96″ N,
085°38′33.78″ W [DATUM: NAD 83].
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port, Sector Sault Sainte Marie, or his or
her on-scene representative. The
Captain of the Port, Sector Sault Sainte
Marie, or his or her on-scene
representative may be contacted via
VHF channel 16.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders. 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.
The safety zone created by this rule will
be relatively small and enforced for
relatively short time. Also, the safety
zone is designed to minimize its impact
on navigable waters. Furthermore, the
safety zone has been designed to allow
vessels to transit around it. Thus,
restrictions on vessel movement within
that particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
E:\FR\FM\01SER1.SGM
01SER1
Agencies
[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Rules and Regulations]
[Pages 54377-54380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22356]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0795]
RIN 1625-AA00
Safety Zone; Cleveland National Air Show, Lake Erie, Cleveland,
OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie, Cleveland, OH. This zone is intended to restrict vessels
from a portion of Lake Erie during the Cleveland National Air Show.
This safety zone is necessary to protect persons and vessels from the
potential safety hazards associated with high speed, low altitude
acrobatic and military aircraft.
DATES: This rule is effective from 7:30 a.m. to 6:30 p.m. daily
starting on September 1, 2011 through September 5, 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-2011-0795 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-0795 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.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0795 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0795 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 Lieutenant Chris F. Mercurio, Waterways
Management Division Chief, U.S. Coast Guard Sector
[[Page 54378]]
Buffalo, at Coast Guard; telephone 716-843-9343,
SectorBuffaloMarineSafety@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 of ensuring the safety of spectators
and vessels during this event and immediate action is necessary to
prevent possible loss of life or property due to the hazards associated
with an air show.
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 30 day notice period run would be
impracticable and contrary to the public interest of ensuring the
safety of spectators and vessels during this event and immediate action
is necessary to prevent possible loss of life or property.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of
vessels from the potential safety hazards associated with high speed,
low altitude acrobatic and military aircraft. Further, the likely
combination of large numbers of recreational vessels, congested
waterways, and alcohol use, present a significant risk of serious
injuries or fatalities.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone for the
Cleveland National Air Show. The safety zone will encompass all waters
of Lake Erie and Cleveland Harbor (near Burke Lakefront Airport)
bounded by a line drawn from position 41[deg]30.34[min] N,
081[deg]42.33[min] W; to 41[deg]30.84[min] N, 081[deg]42.82[min] W;
then to 41[deg]32.15[min] N, 081[deg]39.82[min] W; then to
41[deg]31.88[min] N, 081[deg]39.40[min] W; then east to
41[deg]31.71[min] N, 081[deg]39.76[min] W; and then back to the point
of origin. The event sponsor will establish marker buoys to outline the
safety zone at regular intervals to assist vessels in recognizing this
area as a safety zone during the times of enforcement. These
coordinates are based upon North American Datum 1983 (NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the on-scene representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Sector Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders. 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 or legal policy issue.
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 the Lake Erie and
Cleveland Harbor from 7:30 a.m. to 6:30 p.m. daily on September 1
through September 5, 2011.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone will be in enforced only part of each day of the effective
period and vessel traffic can safely pass around 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 Buffalo 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).
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
[[Page 54379]]
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 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that this rule and fishing rights
protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes
that have questions concerning the provisions of this rule or options
for compliance are encouraged to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.
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 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, ships can safely pass around the zone, and the
zone will be enforced only part of each day during the effective
period. Therefore this rule is categorically excluded under paragraph
34(g) of the Instruction.
A final environmental analysis check list and 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(g), 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.T09-0795 to read as follows:
Sec. 165.T09-0795 Safety Zone; Cleveland National Air Show, Lake
Erie, Cleveland, OH.
(a) Location. All waters of Lake Erie and Cleveland Harbor (near
Burke Lakefront Airport) bounded by a line drawn from position
41[deg]30.34' N, 081[deg]42.33' W; to 41[deg]30.84' N, 081[deg]42.82'
W; then to 41[deg]32.15' N, 081[deg]39.82' W; then to 41[deg]31.88' N,
081[deg]39.40' W; then east to 41[deg]31.71' N, 081[deg]39.76' W; and
then back to the point of origin. These coordinates are based upon
North American Datum 1983 (NAD 83).
(b) Effective and Enforcement Period: This rule is effective from
7:30 a.m. to 6:30 p.m. daily on September 1, 2011 through September 5,
2011. The event sponsor will establish marker buoys to outline the
safety zone at regular intervals to assist vessels in recognizing this
area as a safety zone during the times of enforcement.
(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 Buffalo or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned warrant or petty officer who
has been designated
[[Page 54380]]
by the Captain of the Port to act on his behalf. The on-scene
representative of the Captain of the Port Buffalo 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 Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo or his on-scene representative.
Dated: August 18, 2011.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2011-22356 Filed 8-31-11; 8:45 am]
BILLING CODE 9110-04-P