Safety Zone, Fireworks Display, Lake Superior; Cornucopia, WI, 35268-35271 [2012-14380]
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35268
Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations
drawn along latitude 37°06′30″ N,
bounded to the south by a line drawn
along latitude 37°16′15″ N, bounded to
the east by a line drawn along longitude
076°18′52″ W and bounded on the west
by a line drawn along longitude
076°19′30″ W. All coordinates reference
Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U. S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(c) Special local regulations: (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels and persons in the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel or person
in the regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(2) All Coast Guard vessels enforcing
this regulated area can be contacted at
telephone number 757–668–5555 or on
marine band radio VHF–FM channel 16
(156.8 MHz).
(3) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period: This section
will be enforced from 11 a.m. to 5 p.m.
on June 24, 3012, with a rain date of
July 8, 2012 from 11 a.m. to 5 p.m.
Dated: May 31, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2012–14379 Filed 6–12–12; 8:45 am]
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BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 151
46 CFR Part 162
[Docket No. USCG–2001–10486]
RIN 1625–AA32
Standards for Living Organisms in
Ships’ Ballast Water Discharged in
U.S. Waters
Coast Guard, DHS.
Rule; announcement of effective
AGENCY:
ACTION:
date.
On March 23, 2012, the Coast
Guard published in the Federal Register
a Final Rule entitled ‘‘Standards for
Living Organisms in Ships’ Ballast
Water Discharged in U.S. Waters’’. The
rulemaking triggered new information
collection requirements affecting vessel
owners and their potential requests for
an extension of the compliance date if
they cannot practicably comply with the
compliance date otherwise applicable to
their vessels. This document announces
that the request to revise the existing
collection of information to add the new
request for an extension provision has
been approved by the Office of
Management and Budget (OMB) and
may now be enforced. The OMB control
number is 1625–0069.
DATES: 33 CFR 151.1513 and 151.2036
will be effective beginning June 21,
2012.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
If
you have questions about this
document, call or email Mr. John
Morris, Project Manager, U.S. Coast
Guard; telephone 202–372–1402, email
environmental_standards@uscg.mil. If
you have questions about viewing the
docket (USCG–2001–10486), call Ms.
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The Coast
Guard established a standard for the
allowable concentration of living
organisms in ships’ ballast water
discharged in waters of the United
States (77 FR 17254). The Coast Guard
also established an approval process for
ballast water management systems (77
FR 17254). These new regulations will
aid in controlling the introduction and
spread of nonindigenous species from
ships’ ballast water in waters of the
United States. With the exception of this
collection of information, the final rule
becomes effective on June 21, 2012. In
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the final rule, the Coast Guard included
a provision to allow vessel owners and
operators to request an extension of
their compliance date if they cannot
practicably comply with the compliance
date otherwise applicable to their
vessels. This extension provision will
give flexibility to vessel owners and
operators to comply with the final rule.
Under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501–3520), an
agency may not conduct or sponsor a
collection of information until the
collection is approved by OMB.
Accordingly, the preamble to the final
rule stated that the Coast Guard would
not enforce the collection of information
requirements occurring under 33 CFR
151.1513 and 151.2036 until the
collection of information request was
approved by OMB, and also stated that
the Coast Guard would publish a notice
in the Federal Register announcing that
OMB approved and assigned a control
number for the requirement.
The Coast Guard submitted the
information collection request to OMB
for approval in accordance with the
Paperwork Reduction Act of 1995. On
May 10, 2012, OMB approved the
revision to the existing collection of
information, OMB Control Number
1625–0069, entitled ‘‘Ballast Water
Management for Vessels with Ballast
Tanks Entering U.S. Waters.’’ The
approval for this collection of
information expires on May 31, 2015.
Dated: June 6, 2012.
F.J. Sturm,
Acting Director of Commercial Regulations
and Standards, U.S. Coast Guard.
[FR Doc. 2012–14382 Filed 6–12–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0473]
RIN 1625–AA00
Safety Zone, Fireworks Display, Lake
Superior; Cornucopia, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
Coast Guard Marine Safety
Unit Duluth is establishing a temporary
safety zone in the Siskiwit Bay area of
Cornucopia, WI to help protect
participants and spectators from a
fireworks display taking place on June
30, 2012.
SUMMARY:
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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations
This rule will be effective from
9:00 p.m. to 11:00 p.m. on June 30,
2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0473]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 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 LT Judson Coleman, Chief of
Waterways management, MSU Duluth,
Coast Guard; telephone 218–720–5286
ext 111, email
Judson.A.Coleman@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:
DATES:
Table of Acronyms
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
12:20 Jun 12, 2012
Jkt 226001
B. Basis and Purpose
Between 9:00 p.m. and 11:00 p.m. on
June 30, 2012, a fireworks display will
occur in the vicinity of Siskiwit Bay on
Lake Superior in Cornucopia, WI. Based
on accidents that have occurred in other
Captain of the Port zones and the
explosive hazards of fireworks, the
Coast Guard has determined that
fireworks launches proximate to
watercraft pose a significant risk to
public safety and property. The likely
combination of large numbers of
recreational vessels, congested
waterways, darkness punctuated by
bright flashes of light, alcohol use, and
debris falling into the water could easily
result in serious injuries or fatalities.
Establishing a safety zone to control
vessel movement around the location of
the launch platform will help ensure the
safety of persons and property at these
events and help minimize the associated
risks.
C. Discussion of the Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this 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. The final
details for this event were not known to
the Coast Guard until there was
insufficient time remaining before the
event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable because it would
inhibit the Coast Guard’s ability to
protect spectators and vessels from the
hazards associated with fireworks
displays, which are discussed further
below.
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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 also be impracticable and
contrary to the public interest.
Because of the aforementioned
hazards, the Captain of the Port Duluth
has determined that a temporary safety
zone is necessary to ensure the safety of
spectators and vessels during the
launching of the Cornucopia, WI,
fireworks display. The safety zone
created by this rule will encompass all
waters of the area bounded by a circle
with a 700-foot radius surrounding the
fireworks launch site with its center in
position 46°51′35″ N, 091°06′10″ W.; at
Cornucopia, WI. [DATUM: NAD 83].
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Duluth or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16 during the course of
the event.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 14 of these statutes or
executive orders.
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1. 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 Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This rule will be enforced for
only two hours over a single night, and
will impact only the bay where the
event will occur.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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.
(1) 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 a portion of Siskiwit Bay
from 9:00 p.m. to 11:00 p.m. on June 30,
2012.
(2) This safety zone would not have
a significant economic impact on a
substantial number of small entities for
the following reasons: This safety zone
would be effective, and thus subject to
enforcement, for only 2 hours. Vessel
traffic could pass safely around the
safety zone. Before the activation of the
zone, we will issue local Broadcast
Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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
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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations
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.
10. Protection of Children
4. Collection of Information
11. Indian Tribal Governments
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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.
8. Taking of Private Property
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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.
9. 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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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.
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards
14. 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 determined that 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 involves
establishing a safety zone. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 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:
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. A new temporary § 165.T10–0473 is
added as follows:
■
§ 165.T10–0473 Safety zone; Cornucopia
Fireworks, Cornucopia, WI.
(a) Location. The following area is a
temporary safety zone: All waters of
Siskiwit Bay in Lake Superior,
Cornucopia, Wisconsin, within a 700foot radius of position 46°51′35″ N,
091°06′10″ W.; at Cornucopia, WI.
(DATUM: NAD 83).
(b) Effective period. This regulation is
effective and will be enforced from 9
p.m. to 11 p.m. on June 30, 2012. The
Captain of the Port, Marine Safety Unit
Duluth, or his on-scene representative
may suspend enforcement of the safety
zones at any time.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port,
Marine Safety Unit Duluth, 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,
Marine Safety Unit Duluth or his
designated on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port or his
designated on-scene representative may
be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Marine
Safety Unit Duluth or his on-scene
representative to request permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the Captain of the Port, Marine
Safety Unit Duluth or his on-scene
representative.
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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations
Dated: May 21, 2012.
K.R. Bryan,
Commander, U.S. Coast Guard, Captain of
the Port Duluth.
Table of Acronyms
[FR Doc. 2012–14380 Filed 6–12–12; 8:45 am]
A. Regulatory History and 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. It would be
impractical to publish an NPRM
because the final details for this event
were not received by the Coast Guard
with sufficient time to allow for a public
comment period. Thus, delaying the
effective date of this rule to wait for a
comment period to run would prevent
the Coast Guard from performing its
statutory function of protecting life on
navigable waters and thus, would be
impractical.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph, a
30 day notice period would also be
impractical.
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0492]
RIN 1625–AA00
Safety Zone; NOAA Vessel Rueben
Lasker Launch, Marinette, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Menominee River in Marinette, WI.
This zone is intended to restrict vessels
from a portion of Menominee River
during the launching of the NOAA
vessel, Rueben Lasker, on June 16, 2012.
This temporary safety zone is necessary
to protect the surrounding public and
vessels from the hazards associated with
the launching of this large vessel.
DATES: This rule is effective from 10:30
a.m. to 12:00 p.m. on June 16, 2012.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to
www.regulations.gov which are part of
docket USCG–2012–0492 and are
available online by going to
www.regulations.gov, by typing the
docket number in the ‘‘SEARCH’’ box
and clicking ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this rulemaking. They are also
available for inspection or copying at
the Docket Management Facility in
room W12–140 on the ground floor of
the U.S. Department of Transportation,
West Building, 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, contact or email CWO Jon Grob,
U.S. Coast Guard Sector Lake Michigan,
at 414–747–7188 or
Jon.K.Grob@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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B. Basis and Purpose
The NOAA vessel, Rueben Lasker,
will be launched from shore to water on
June 16, 2012. This event will take place
in Marinette, WI. The Captain of the
Port, Sector Lake Michigan, has
determined that this launching poses
significant risks to the boating public in
the vicinity of the launch location.
C. Discussion of Rule
The Captain of the Port, Sector Lake
Michigan, has determined that a safety
zone is necessary to mitigate the
aforementioned safety risks associated
with the launching of NOAA’s vessel.
Thus, this temporary rule establishes a
safety zone that encompasses all waters
of the Menominee River, in the vicinity
of Marinette Marine Corporation,
between the Bridge Street Bridge located
in position 45°06′12″ N, 087°37′34″ W
and a line crossing the river
perpendicularly passing through
position 45°05′57″ N, 087°36′43″ W, in
the vicinity of the Ansul Company.
(DATUM: NAD 83). This safety zone
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will be effective from 10:30 a.m. to
12:00 p.m. on June 16, 2012.
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.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 14 of these statutes or
executive orders.
1. 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 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 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 around the boat launch will be
relatively small and exist for relatively
short time. Thus, restrictions on vessel
movement within that particular area
are expected to be minimal. Under
certain conditions, moreover, vessels
may still transit through the safety zone
when permitted by the Captain of the
Port.
2. Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of Menominee River between
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]]>Agencies
[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Rules and Regulations]
[Pages 35268-35271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14380]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0473]
RIN 1625-AA00
Safety Zone, Fireworks Display, Lake Superior; Cornucopia, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: Coast Guard Marine Safety Unit Duluth is establishing a
temporary safety zone in the Siskiwit Bay area of Cornucopia, WI to
help protect participants and spectators from a fireworks display
taking place on June 30, 2012.
[[Page 35269]]
DATES: This rule will be effective from 9:00 p.m. to 11:00 p.m. on June
30, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0473]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 LT Judson Coleman, Chief of Waterways management, MSU
Duluth, Coast Guard; telephone 218-720-5286 ext 111, email
Judson.A.Coleman@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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. The
final details for this event were not known to the Coast Guard until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect spectators and vessels from the
hazards associated with fireworks displays, which are discussed further
below.
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
also be impracticable and contrary to the public interest.
B. Basis and Purpose
Between 9:00 p.m. and 11:00 p.m. on June 30, 2012, a fireworks
display will occur in the vicinity of Siskiwit Bay on Lake Superior in
Cornucopia, WI. Based on accidents that have occurred in other Captain
of the Port zones and the explosive hazards of fireworks, the Coast
Guard has determined that fireworks launches proximate to watercraft
pose a significant risk to public safety and property. The likely
combination of large numbers of recreational vessels, congested
waterways, darkness punctuated by bright flashes of light, alcohol use,
and debris falling into the water could easily result in serious
injuries or fatalities. Establishing a safety zone to control vessel
movement around the location of the launch platform will help ensure
the safety of persons and property at these events and help minimize
the associated risks.
C. Discussion of the Final Rule
Because of the aforementioned hazards, the Captain of the Port
Duluth has determined that a temporary safety zone is necessary to
ensure the safety of spectators and vessels during the launching of the
Cornucopia, WI, fireworks display. The safety zone created by this rule
will encompass all waters of the area bounded by a circle with a 700-
foot radius surrounding the fireworks launch site with its center in
position 46[deg]51'35'' N, 091[deg]06'10'' W.; at Cornucopia, WI.
[DATUM: NAD 83].
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Duluth or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16
during the course of the event.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule will be
enforced for only two hours over a single night, and will impact only
the bay where the event will occur.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
(1) 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 a portion of Siskiwit Bay from 9:00 p.m. to
11:00 p.m. on June 30, 2012.
(2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons:
This safety zone would be effective, and thus subject to enforcement,
for only 2 hours. Vessel traffic could pass safely around the safety
zone. Before the activation of the zone, we will issue local Broadcast
Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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
[[Page 35270]]
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards
14. 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 determined
that 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 involves establishing a safety zone. This rule
is categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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. A new temporary Sec. 165.T10-0473 is added as follows:
Sec. 165.T10-0473 Safety zone; Cornucopia Fireworks, Cornucopia, WI.
(a) Location. The following area is a temporary safety zone: All
waters of Siskiwit Bay in Lake Superior, Cornucopia, Wisconsin, within
a 700-foot radius of position 46[deg]51'35'' N, 091[deg]06'10'' W.; at
Cornucopia, WI. (DATUM: NAD 83).
(b) Effective period. This regulation is effective and will be
enforced from 9 p.m. to 11 p.m. on June 30, 2012. The Captain of the
Port, Marine Safety Unit Duluth, or his on-scene representative may
suspend enforcement of the safety zones at any time.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port, Marine
Safety Unit Duluth, 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, Marine Safety Unit Duluth or
his designated on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Marine Safety Unit Duluth
or his on-scene representative to request permission to do so. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the Captain of the Port,
Marine Safety Unit Duluth or his on-scene representative.
[[Page 35271]]
Dated: May 21, 2012.
K.R. Bryan,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2012-14380 Filed 6-12-12; 8:45 am]
BILLING CODE 9110-04-P
