Safety Zone; Temporary Change for Air and Water Shows Within the Captain of the Port Lake Michigan Zone, 22218-22221 [2012-8753]
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22218
Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations
deviation allows the bridges to remain
in the closed position to allow safe
movement of event participants.
DATES: This deviation is effective from
5 a.m. on April 29, 2012 through
12:01 p.m. April 29, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0281 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0281 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 rule, call or
email Randall D. Overton, Bridge
Administrator, Coast Guard Thirteenth
District; telephone 206–220–7282; email
randall.d.overton@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Washington State Department of
Transportation (WSDOT) has requested
that the SR 529 Bridge across the
Snohomish River and the SR 529 Bridge
across Steamboat Slough remain closed
to vessel traffic to facilitate safe,
uninterrupted roadway passage of
participants of the Total Health Events
Heros Half Marathon. The Heros Half
Marathon is a benefit run for the
St. Jude Children’s Research Hospital.
The race course passes over both
bridges. The SR 529 Bridge which
crosses the Snohomish River at mile 3.6
provides 38 feet of vertical clearance
above mean high water elevation while
in the closed position. The SR 529
Bridge which crosses Steamboat Slough
at mile 1.1 provides 10 feet of vertical
clearance above mean high water
elevation while in the closed position.
Vessels which do not require a bridge
opening may continue to transit beneath
the bridges during this closure period.
Under normal conditions the SR 529
Bridge crossing the Snohomish River
operates in accordance with 33 CFR
117.1059(c) which requires advance
notification of one-hour when a bridge
opening is needed. Under normal
conditions the SR 529 Bridge crossing
Steamboat Slough operates in
accordance with 33 CFR 117.1059(g)
which requires advance notification of
four hours when a bridge opening is
needed. This deviation period is from 5
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a.m. on April 29, 2012 through 12:01
p.m. April 29, 2012. The deviation
allows the SR 529 Bridge crossing the
Snohomish River and the SR 529 Bridge
crossing Steamboat Slough, to remain in
the closed position and need not open
for maritime traffic from 5 a.m. through
12:01 p.m. on April 29, 2012. The
bridges shall operate in accordance to
33 CFR 117.1059 at all other times.
Waterway usage on the Snohomish
River and Steamboat Slough includes
vessels ranging from commercial tug
and barge to small pleasure craft.
Mariners will be notified and kept
informed of the bridges’ operational
status via the Coast Guard Notice to
Mariners publication and Broadcast
Notice to Mariners as appropriate. Both
bridges will be required to open, if
needed, for vessels engaged in
emergency response operations during
this closure period.
In accordance with 33 CFR 117.35(e),
the drawbridges must return to their
regular operating schedule immediately
at the end of the designated time period.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: March 30, 2012.
Randall D. Overton,
Bridge Administrator.
Regulatory Information
[FR Doc. 2012–8966 Filed 4–12–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0206]
RIN 1625–AA00
Safety Zone; Temporary Change for Air
and Water Shows Within the Captain of
the Port Lake Michigan Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily changing the enforcement
periods of three permanent safety zone
regulations for recurring air and water
shows that occur within the Captain of
the Port Lake Michigan zone. These
regulations apply to only the
enforcement periods of three recurring
Air and Water Shows. These safety
zones are necessary to provide for the
safety of life on navigable waters during
these potentially dangerous events. This
action is intended to notify the public
about the temporary changes to the
SUMMARY:
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published enforcement periods for these
three events.
DATES: This rule is effective from July 3,
2012 through August 19, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0206 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0206 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 email BM1 Adam Kraft,
Prevention Department, Coast Guard,
Sector Lake Michigan, Milwaukee, WI,
telephone (414) 747–7148, email
Adam.D.Kraft@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY 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
publishing an NPRM is unnecessary as
we previously published an NPRM (see
76 FR 30072) for the annual events
listed in 33 CFR 165.929. When the
NPRM was made available for comment,
there were no objections to these events.
This regulation represents the rescheduling of the following events listed
in § 165.929: the Gary Air and Water
Show, the Chicago Air and Water Show,
and the Milwaukee Air and Water
Show. In addition, waiting for a
comment period to run would inhibit
the Coast Guard from performing its
statutory function of protecting life on
navigable waters from the hazards
associated with air and water shows.
Thus, waiting for a notice and comment
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period to run would also be impractical
and contrary to the public interest.
Background and Purpose
The Gary Air and Water Show, the
Chicago Air and Water Show, and the
Milwaukee Air and Water are held
annually on or adjacent to U.S.
navigable waters within the Captain of
the Port Lake Michigan zone. Because of
their recurring nature, a permanent
safety zone with specific enforcement
periods has been established for each
event in 33 CFR 165.929. The organizers
for these events, however, have
temporarily rescheduled these events
for the summer of 2012.
The Gary Air and Water Show is
normally scheduled to occur from
10 a.m. to 9 p.m. on Friday, Saturday,
and Sunday during the 2nd weekend of
July each year.
This year, however, the event will
take place on Tuesday, Thursday,
Friday, Saturday, and Sunday during
the first week of July. The enforcement
times this year will be from 12 p.m. to
5 p.m. on Tuesday and Thursday, from
2:30 p.m. to 9:30 p.m. on Friday, and
then from 10 a.m. to 5 p.m. on Saturday
and Sunday.
The Milwaukee Air and Water show
is normally scheduled to occur from
10 a.m. to 5 p.m. on the first Thursday,
Friday, Saturday, and Sunday of each
August. This year, however, the event
will take place on the second Friday,
Saturday, and Sunday of August. The
enforcement times will be from 8 a.m.
to 4 p.m. each day.
The Chicago Air and Water Show is
normally scheduled to occur from 9 a.m.
to 6 p.m. on the third Thursday, Friday,
Saturday, and Sunday of August each
year. This year, however, the event will
take place on the third Wednesday,
Friday, Saturday, and Sunday of
August. The enforcement times will be
from 12 p.m. to 3 p.m. on Wednesday
and from 9 a.m. to 4 p.m. on Friday
through Sunday.
The safety zone located at 33 CFR
165.929(a)(42) for the Gary Air and
Water Show will be enforced on July 3
and 5, 2012 from 12 p.m. to 5 p.m., on
July 6, 2012 from 2:30 p.m. to 9:30 p.m.,
and on July 7–8, 2012, from 10 a.m. to
5 p.m.
The safety zone located at 33 CFR
§ 165.929(a)(43) for the Milwaukee Air
and Water show will be enforced on
August 15, 2012 from 12 p.m. to 3 p.m.
and on August 17–19, 2012, from 9 a.m.
to 4 p.m.
The safety zone located at 33 CFR
§ 165.929(a)(64) for the Chicago Air and
Water Show will be enforced on August
10–12, 2012 from 8 a.m. to 4 p.m.
Entry into, transiting, or anchoring
within these safety zones during an
enforcement period is prohibited
without the authority of 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. 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.
The Captain of the Port Lake
Michigan will notify the public when
the zones in this rule will be enforced
by all appropriate means, in keeping
with 33 CFR 165.7(a). In addition to
publishing this rule in the Federal
Register, such means of notification
may also include, but are not limited to
Broadcast Notice to Mariners or Local
Notice to Mariners. The Captain of the
Port will issue a Broadcast Notice to
Mariners notifying the public when
enforcement of the safety zone
established by this section is cancelled.
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Discussion of 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.
This rule temporarily amends the
regulations found in 33 CFR 165.929,
Annual Events requiring safety zones in
the Captain of the Port Lake Michigan
zone. Specifically, this rule will
temporarily suspend § 165.929 (a)(42),
(a)(43), and (a)(64) and temporarily add
§ 165.929 (a)(76), (a)(77), and (a)(78).
The amendments will temporarily
modify the enforcement dates and times
of the three aforementioned events.
These modifications are necessary to
protect vessels and people from the
hazards associated with large scale air
and water shows.
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
that those Orders. We conclude that this
rule is not a significant regulatory action
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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 zones discussed in this rule
will be relatively small and enforced for
relatively short time. Also, each safety
zone is designed to minimize its impact
on navigable waters. Furthermore, each
safety zone has been designed to allow
vessels to transit unrestricted to
portions of the waterways not affected
by the safety zones. Thus, restrictions
on vessel movement within any
particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
through a safety zone when permitted
by the Captain of the Port, Sector Lake
Michigan. On the whole, the Coast
Guard expects insignificant adverse
impact to mariners from the
enforcement of these safety zones.
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 would not
have a significant economic impact on
a substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
any one of the below established safety
zones while the safety zone is being
enforced. These safety zones will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: Each safety
zone in this rule will be enforced for
only a few hours within any given 24
hour period and only for a few days.
Furthermore, these safety zones have
been designed to allow traffic to pass
safely around each zone. Moreover,
vessels will be allowed to pass through
each zone at the discretion of the
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
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we offer to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. Small businesses may send
comments on the actions of Federal
employees who enforce, or otherwise
determine compliance with, Federal
regulations to the Small Business and
Agriculture Regulatory Enforcement
Ombudsman and the Regional Small
Business Regulatory Fairness Boards.
The Ombudsman evaluates these
actions annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
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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 concern 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.
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Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions 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
establishes a safety zone, and thus,
paragraph (34)(g) of the Instruction. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. From July 3, 2012 through August
19, 2012, amend § 165.929 as follows:
■ a. Suspend paragraphs (pp), (qq), and
(lll); and
■ b. Add paragraphs (sss), (ttt), and
(uuu) to read as follows:
■
§ 165.929 Safety Zones; Annual events
requiring safety zones in the Captain of the
Port Lake Michigan zone.
*
*
*
*
*
(sss) Gary Air and Water Show; Gary,
IN.
(i) Location. All waters of Lake
Michigan bounded by a line drawn from
41°37′42″ N, 087°16′38″ W; then east to
41°37′54″ N, 087°14′00″ W; then south
to 41°37′30″ N, 087°13′56″ W; then west
to 41°37′17″ N, 087°16′36″ W; then
north returning to the point of origin
(NAD 83).
(ii) Enforcement date and time. July 3
and 5, 2012 from 12 p.m. to 5 p.m.; July
6, 2012 from 2:30 p.m. to 9:30 p.m.; and
on July 7–8, 2012, from 10 a.m. to 5 p.m.
(ttt) Milwaukee Air and Water Show;
Milwaukee, WI.
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(i) Location. All waters and adjacent
shoreline of Lake Michigan and
Bradford Beach located within a 4000yard by 1000-yard rectangle. The
rectangle will be bounded by the points
beginning at points beginning at
43°02′50″ N, 087°52′36″ W; then
northeast to 43°04′33″ N, 087°51′12″ W;
then northwest to 43°04′40″ N,
087°51′29″ W; then southwest to
43°02′57″ N, 087°52′53″ W; the
southeast returning to the point of origin
(NAD 83).
(ii) Enforcement date and time.
August 15, 2012 from 12 p.m. to 3 p.m.;
August 17–19, 2012, from 9 a.m. to
4 p.m.
(uuu) Chicago Air and Water Show;
Chicago, IL.
(i) Location. All waters and adjacent
shoreline of Lake Michigan and Chicago
Harbor bounded by a line drawn from
41°55′54″ N at the shoreline, then east
to 41°55′54″ N, 087°37′12″ W, then
southeast to 41°54′00″ N, 087°36′00″ W
(NAD 83), then southwestward to the
northeast corner of the Jardine Water
Filtration Plant, then due west to the
shore.
(ii) Enforcement date and time.
August 10–12, 2012 from 8 a.m. to 4
p.m.
*
*
*
*
*
Dated: March 14, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lake Michigan.
[FR Doc. 2012–8753 Filed 4–12–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0052]
RIN 1625–AA87
Security Zones; North Atlantic Treaty
Organization (NATO) Summit, Chicago,
IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing four separate security zones
on both the waters and waterfront area
of Chicago Harbor and the Chicago
River. These temporary security zones
are intended to restrict vessels,
regardless of the mode of propulsion,
and people from certain land and water
areas in Chicago Harbor and the Chicago
River during the NATO Summit and
associated events, which will be held in
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SUMMARY:
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Chicago from May 16, 2012, through
May 24, 2012. These security zones are
necessary to protect visiting government
officials and dignitaries from the
potential dangers associated with a large
scale, international political event.
DATES: This rule is effective between
8 a.m. on May 16, 2012, and
8 a.m. on May 24, 2012.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket USCG–2012–0052 and are
available online at www.regulations.gov.
This material is also available for
inspection or copying at two locations:
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 and the U.S.
Coast Guard Sector Lake Michigan, 2420
South Lincoln Memorial Drive,
Milwaukee, WI 53207, between 8 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email CWO Jon Grob,
Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI at
(414) 747–7188, email at
Jon.K.Grob@uscg.mil. If you have
questions on viewing material in the
docket, call Renee Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
March 6, 2012, the G8 summit has been
relocated to be held at Camp David.
This relocation, however, does not
change the Coast Guard security zones
for this event. Rather, the NATO
Summit remains a highly political event
that still demands the four separate
security zones that were originally
detailed in the NPRM. The NATO
Summit, along with certain associated
events, will take place in Chicago from
May 16, 2012, through May 24, 2012.
Considering the international,
economical, and political objectives of
NATO along with the high
concentration of dignitaries and
political figures, the NATO Summit is
expected to draw significant domestic
and international media interest and
also attract a large number of protesters.
Consequently, the Captain of the Port,
Sector Lake Michigan, has determined
that the implementation of four separate
security zones is necessary to ensure the
safety and security of those who attend,
participate, and visit the NATO Summit
and any associated events.
Regulatory Information
On March 6, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled Security Zones; G8/North
Atlantic Treaty Organization (NATO)
Summit, Chicago, Illinois in the Federal
Register (77 FR 13232). Although the G8
Summit is now planned to take place at
Camp David rather than in Chicago,
which is discussed in more detail in the
following paragraph, the security zones
addressed in the NPRM remain the
same. Thus, the Coast Guard views the
relocation as having no effect on the
comment period. We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
Discussion of Rule
Background and Purpose
Leaders from around the world will
gather in Chicago this spring for what
was supposed to be two diplomatic
summits hosted by President Obama.
Since the NPRM that preceded this
temporary final rule was published, on
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Discussion of Comments and Changes
No comments were received regarding
this rule. Since the NPRM published
back on March 6, 2012, the G8 Summit
portion has been relocated to Camp
David. The NATO portion still demands
the four separate security zone structure
that was originally proposed in the
NPRM. As discussed above, the Coast
Guard views the relocation as having no
effect on the comment period. We made
no changes to the regulatory text from
what we proposed in the NPRM.
To alleviate the safety and security
concerns presented by the international,
economical, and political implications
of NATO; the high concentration of
dignitaries and political figures; the
expected interest of domestic and
international media; and the anticipated
presence of protesters; the Captain of
the Port, Sector Lake Michigan, has
determined that it is necessary to
establish four separately enforceable
security zones. These zones allow for
the closure of four specific areas on and
around the waterfront along both
Chicago Harbor and the Chicago River.
The four temporary security zones
will encompass:
Security Zone A—This zone
encompasses all U.S. navigable waters,
facilities, and shoreline within the arc of
a circle with a 2000-yard radius of the
Burnham park hoist ramp with its
center point located in the approximate
position 41°51′37″ N, 087°36′44″ W.
[DATUM: NAD 83].
E:\FR\FM\13APR1.SGM
13APR1
]]>Agencies
[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Rules and Regulations]
[Pages 22218-22221]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8753]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0206]
RIN 1625-AA00
Safety Zone; Temporary Change for Air and Water Shows Within the
Captain of the Port Lake Michigan Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the enforcement
periods of three permanent safety zone regulations for recurring air
and water shows that occur within the Captain of the Port Lake Michigan
zone. These regulations apply to only the enforcement periods of three
recurring Air and Water Shows. These safety zones are necessary to
provide for the safety of life on navigable waters during these
potentially dangerous events. This action is intended to notify the
public about the temporary changes to the published enforcement periods
for these three events.
DATES: This rule is effective from July 3, 2012 through August 19,
2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0206 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-0206 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 email BM1 Adam Kraft, Prevention Department,
Coast Guard, Sector Lake Michigan, Milwaukee, WI, telephone (414) 747-
7148, email Adam.D.Kraft@uscg.mil. If you have questions on viewing or
submitting material to 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 publishing an NPRM is unnecessary as
we previously published an NPRM (see 76 FR 30072) for the annual events
listed in 33 CFR 165.929. When the NPRM was made available for comment,
there were no objections to these events. This regulation represents
the re-scheduling of the following events listed in Sec. 165.929: the
Gary Air and Water Show, the Chicago Air and Water Show, and the
Milwaukee Air and Water Show. In addition, waiting for a comment period
to run would inhibit the Coast Guard from performing its statutory
function of protecting life on navigable waters from the hazards
associated with air and water shows. Thus, waiting for a notice and
comment
[[Page 22219]]
period to run would also be impractical and contrary to the public
interest.
Background and Purpose
The Gary Air and Water Show, the Chicago Air and Water Show, and
the Milwaukee Air and Water are held annually on or adjacent to U.S.
navigable waters within the Captain of the Port Lake Michigan zone.
Because of their recurring nature, a permanent safety zone with
specific enforcement periods has been established for each event in 33
CFR 165.929. The organizers for these events, however, have temporarily
rescheduled these events for the summer of 2012.
The Gary Air and Water Show is normally scheduled to occur from 10
a.m. to 9 p.m. on Friday, Saturday, and Sunday during the 2nd weekend
of July each year.
This year, however, the event will take place on Tuesday, Thursday,
Friday, Saturday, and Sunday during the first week of July. The
enforcement times this year will be from 12 p.m. to 5 p.m. on Tuesday
and Thursday, from 2:30 p.m. to 9:30 p.m. on Friday, and then from 10
a.m. to 5 p.m. on Saturday and Sunday.
The Milwaukee Air and Water show is normally scheduled to occur
from 10 a.m. to 5 p.m. on the first Thursday, Friday, Saturday, and
Sunday of each August. This year, however, the event will take place on
the second Friday, Saturday, and Sunday of August. The enforcement
times will be from 8 a.m. to 4 p.m. each day.
The Chicago Air and Water Show is normally scheduled to occur from
9 a.m. to 6 p.m. on the third Thursday, Friday, Saturday, and Sunday of
August each year. This year, however, the event will take place on the
third Wednesday, Friday, Saturday, and Sunday of August. The
enforcement times will be from 12 p.m. to 3 p.m. on Wednesday and from
9 a.m. to 4 p.m. on Friday through Sunday.
Discussion of Rule
This rule temporarily amends the regulations found in 33 CFR
165.929, Annual Events requiring safety zones in the Captain of the
Port Lake Michigan zone. Specifically, this rule will temporarily
suspend Sec. 165.929 (a)(42), (a)(43), and (a)(64) and temporarily add
Sec. 165.929 (a)(76), (a)(77), and (a)(78). The amendments will
temporarily modify the enforcement dates and times of the three
aforementioned events. These modifications are necessary to protect
vessels and people from the hazards associated with large scale air and
water shows.
The safety zone located at 33 CFR 165.929(a)(42) for the Gary Air
and Water Show will be enforced on July 3 and 5, 2012 from 12 p.m. to 5
p.m., on July 6, 2012 from 2:30 p.m. to 9:30 p.m., and on July 7-8,
2012, from 10 a.m. to 5 p.m.
The safety zone located at 33 CFR Sec. 165.929(a)(43) for the
Milwaukee Air and Water show will be enforced on August 15, 2012 from
12 p.m. to 3 p.m. and on August 17-19, 2012, from 9 a.m. to 4 p.m.
The safety zone located at 33 CFR Sec. 165.929(a)(64) for the
Chicago Air and Water Show will be enforced on August 10-12, 2012 from
8 a.m. to 4 p.m.
Entry into, transiting, or anchoring within these safety zones
during an enforcement period is prohibited without the authority of 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.
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.
The Captain of the Port Lake Michigan will notify the public when
the zones in this rule will be enforced by all appropriate means, in
keeping with 33 CFR 165.7(a). In addition to publishing this rule in
the Federal Register, such means of notification may also include, but
are not limited to Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port will issue a Broadcast Notice to
Mariners notifying the public when enforcement of the safety zone
established by this section is cancelled.
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 that 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 zones discussed in this rule will be
relatively small and enforced for relatively short time. Also, each
safety zone is designed to minimize its impact on navigable waters.
Furthermore, each safety zone has been designed to allow vessels to
transit unrestricted to portions of the waterways not affected by the
safety zones. Thus, restrictions on vessel movement within any
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through a safety zone when
permitted by the Captain of the Port, Sector Lake Michigan. On the
whole, the Coast Guard expects insignificant adverse impact to mariners
from the enforcement of these safety zones.
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
would not have a significant economic impact on a substantial number of
small entities.
This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in any one of the below established safety zones
while the safety zone is being enforced. These safety zones will not
have a significant economic impact on a substantial number of small
entities for the following reasons: Each safety zone in this rule will
be enforced for only a few hours within any given 24 hour period and
only for a few days. Furthermore, these safety zones have been designed
to allow traffic to pass safely around each zone. Moreover, vessels
will be allowed to pass through each zone at the discretion of the
Captain of the Port, Sector Lake Michigan, or his or her designated
representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),
[[Page 22220]]
we offer to assist small entities in understanding the rule so that
they could better evaluate its effects on them and participate in the
rulemaking process. Small businesses may send comments on the actions
of Federal employees who enforce, or otherwise determine compliance
with, Federal regulations to the Small Business and Agriculture
Regulatory Enforcement Ombudsman and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern 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 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 establishes a safety zone, and
thus, paragraph (34)(g) of the Instruction. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. From July 3, 2012 through August 19, 2012, amend Sec. 165.929 as
follows:
0
a. Suspend paragraphs (pp), (qq), and (lll); and
0
b. Add paragraphs (sss), (ttt), and (uuu) to read as follows:
Sec. 165.929 Safety Zones; Annual events requiring safety zones in
the Captain of the Port Lake Michigan zone.
* * * * *
(sss) Gary Air and Water Show; Gary, IN.
(i) Location. All waters of Lake Michigan bounded by a line drawn
from 41[deg]37'42'' N, 087[deg]16'38'' W; then east to 41[deg]37'54''
N, 087[deg]14'00'' W; then south to 41[deg]37'30'' N, 087[deg]13'56''
W; then west to 41[deg]37'17'' N, 087[deg]16'36'' W; then north
returning to the point of origin (NAD 83).
(ii) Enforcement date and time. July 3 and 5, 2012 from 12 p.m. to
5 p.m.; July 6, 2012 from 2:30 p.m. to 9:30 p.m.; and on July 7-8,
2012, from 10 a.m. to 5 p.m.
(ttt) Milwaukee Air and Water Show; Milwaukee, WI.
[[Page 22221]]
(i) Location. All waters and adjacent shoreline of Lake Michigan
and Bradford Beach located within a 4000-yard by 1000-yard rectangle.
The rectangle will be bounded by the points beginning at points
beginning at 43[deg]02'50'' N, 087[deg]52'36'' W; then northeast to
43[deg]04'33'' N, 087[deg]51'12'' W; then northwest to 43[deg]04'40''
N, 087[deg]51'29'' W; then southwest to 43[deg]02'57'' N,
087[deg]52'53'' W; the southeast returning to the point of origin (NAD
83).
(ii) Enforcement date and time. August 15, 2012 from 12 p.m. to 3
p.m.; August 17-19, 2012, from 9 a.m. to 4 p.m.
(uuu) Chicago Air and Water Show; Chicago, IL.
(i) Location. All waters and adjacent shoreline of Lake Michigan
and Chicago Harbor bounded by a line drawn from 41[deg]55'54'' N at the
shoreline, then east to 41[deg]55'54'' N, 087[deg]37'12'' W, then
southeast to 41[deg]54'00'' N, 087[deg]36'00'' W (NAD 83), then
southwestward to the northeast corner of the Jardine Water Filtration
Plant, then due west to the shore.
(ii) Enforcement date and time. August 10-12, 2012 from 8 a.m. to 4
p.m.
* * * * *
Dated: March 14, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. 2012-8753 Filed 4-12-12; 8:45 am]
BILLING CODE 9110-04-P
