Safety Zone; Milwaukee Air and Water Show, Lake Michigan, Milwaukee, WI, 47282-47284 [2012-19344]
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47282
Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0708]
Drawbridge Operation Regulation;
Lewis and Clark River, Astoria, OR
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Lewis and
Clark Bridge which crosses the Lewis
and Clark River, mile 1.0, at Astoria,
OR. This deviation is necessary to
accommodate major roadway
maintenance on the bridge. This
deviation allows the bridge to remain in
the closed position to allow milling and
repaving of the roadway surface on the
lift span.
DATES: This deviation is effective from
7 a.m. on August 29, 2012 through 5
p.m. August 30, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0708 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0708 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 the 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
Oregon Department of Transportation
has requested that the Lewis and Clark
Drawbridge, mile 1.0, remain closed to
vessel traffic to facilitate the milling and
repaving of the roadway surface on the
lift span. The bridge provides a vertical
clearance of 25 feet above mean high
water when in the closed position.
Vessels that do not require a bridge
opening to safely pass beneath the
bridge may continue to do so during this
closure period. Under normal
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SUMMARY:
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operations this bridge opens on signal
with advance notification as required by
33 CFR 117.899(c). This deviation
allows the Lewis and Clark Drawbridge
across the Lewis and Clark River in
Astoria, OR to remain in the closed
position and need not open for maritime
traffic from 7 a.m. August 29, 2012
through 5 p.m. on August 30, 2012. The
bridge shall operate in accordance to 33
CFR 117.899(c) at all other times.
Waterway usage on the Lewis and Clark
River is primarily recreational boaters.
Mariners will be notified and kept
informed of the bridge’s operational
status via the Coast Guard Notice to
Mariners publication and Broadcast
Notice to Mariners as appropriate. The
draw span 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 drawbridge must return to its 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.
[FR Doc. 2012–19393 Filed 8–7–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0688]
RIN 1625–AA00
Safety Zone; Milwaukee Air and Water
Show, Lake Michigan, Milwaukee, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is making a
temporary deviation to the established
Milwaukee Air and Water Show safety
zone on Lake Michigan near Milwaukee
Wisconsin. This action is necessary to
more accurately reflect the size
requirements for this safety zone during
this year’s air show. This safety zone is
intended to restrict vessels from a
portion of Lake Michigan during the
Milwaukee Air and Water Show. This
safety zone is necessary to protect
spectators and vessels from the hazards
associated with an air show over water.
DATES: This rule will be effective from
8:00 a.m. on August 10, 2012, until 4:00
p.m. on August 12, 2012.
SUMMARY:
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Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Dated: July 27, 2012.
Randall D. Overton,
Bridge Administrator.
ACTION:
Documents mentioned in
this preamble are part of docket [USCG–
2012–0688]. 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.’’ You may visit the
Docket Management Facility,
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 CWO Jon Grob, U.S.
Coast Guard Sector Lake Michigan;
telephone 414–747–7188, email
Jon.K.Grob@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:
ADDRESSES:
Sfmt 4700
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 because doing
so would be impracticable and contrary
to the public interest. The final details
for this year’s 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 both impracticable and contrary to
the public interest because it would
inhibit the Coast Guard’s ability to
protect spectators and vessels from the
hazards associated with an air show and
associated pyrotechnics, 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
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
Between 8:00 a.m. until 4:00 p.m.
each day on Friday, Saturday, and
Sunday of the second weekend of
August 2012, an air show will be held
over Lake Michigan in Milwaukee, WI.
The Captain of the Port, Sector Lake
Michigan, has determined that an air
show with associated acrobatic
maneuvers proximate to a gathering of
watercraft and personnel pose a
significant risk to public safety and
property. Such hazards include aircraft
malfunctions and subsequent crash and
falling or burning debris. This
temporary rule makes a temporary
deviation to the Milwaukee Air and
Water Show safety zone, which is
established at 33 CFR 165.929(43).
wreier-aviles on DSK5TPTVN1PROD with RULES
C. Discussion of Rule
Changes have been made to the
boundaries and times previously
codified for this event; these changes
were necessary to provide the public
with the most up to date information as
received from the sponsoring
organization. With the aforementioned
hazards in mind, the Captain of the Port,
Sector Lake Michigan, has determined
that this temporary deviation of the size
of this safety zone is necessary to ensure
the safety of spectators and vessels
during the air show. This zone will be
enforced from 8:00 a.m. until 4:00 p.m.
on Friday, Saturday, and Sunday of the
second weekend of August 2012. The
safety zone will encompass 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 43°02′42″ N, 087°52′14″ W;
then northeast to 43°04′25″ N,
087°50′53″ W; then northwest to
43°04′40″ N, 087°51′29″ W; then
southwest to 43°02′57″ N, 087°52′50″ W;
then southeast returning to the point of
origin (NAD 83). Entry into, transiting,
or anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
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
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47283
based on 13 of these statutes or
executive orders.
activation of the zone, we would issue
local Broadcast Notice to Mariners.
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 created by this rule will be
relatively small and enforced for a
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
through the safety zone when permitted
by the Captain of the Port.
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 section 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
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.
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.
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 Lake Michigan, Milwaukee,
WI on Friday, Saturday, and Sunday of
the second weekend of August, 2012.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This safety zone
would be activated, and thus subject to
enforcement, for only eight hours on
these days. Traffic may be allowed to
pass through the zone with the
permission of the Captain of the Port.
The Captain of the Port can be reached
via VHF channel 16. Before the
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.
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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).
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
INFORMATION 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
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
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.
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 the
establishment of a safety zone and,
therefore it 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
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.
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
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
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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
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13:48 Aug 07, 2012
Jkt 226001
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0688 to read as
follows:
■
§ 165.T09–0688 Safety Zone; Milwaukee
Air and Water Show, Lake Michigan,
Milwaukee, WI.
(a) Location. The safety zone will
encompass 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 43°02′42″ N, 087°52′14″ W;
then northeast to 43°04′25″ N,
087°50′53″ W; then northwest to
43°04′40″ N, 087°51′29″ W; then
southwest to 43°02′57″ N, 087°52′50″ W;
then southeast returning to the point of
origin (NAD 83).
(b) Enforcement Period. This
regulation will be enforced on Friday,
Saturday, and Sunday of the second
weekend of August, 2012 from 8:00 a.m.
until 4:00 p.m. each day.
(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
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Fmt 4700
Sfmt 4700
authorized by the Captain of the Port,
Sector Lake Michigan 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,
Sector Lake Michigan or his designated
on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Lake
Michigan is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sector Lake Michigan to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Lake Michigan or his on-scene
representative to obtain permission to
do so. The Captain of the Port, Sector
Lake Michigan 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, Sector Lake Michigan, or his
on-scene representative.
Dated: July 20, 2012.
M. W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2012–19344 Filed 8–7–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0709]
RIN 1625–AA00
Safety Zone; Dredge Arthur J, Lake
Huron, Lakeport, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
lower Lake Huron, Lakeport, MI. This
safety zone is intended to restrict
vessels from a portion of Lake Huron
during the preparation for and salvage
operations of the Arthur J. dredge
vessel. This temporary safety zone is
necessary to protect people, vessels and
the environment from the hazards
associated with a salvage operation.
DATES: This rule is effective with actual
notice from 11:00 a.m. on July 28, 2012
until August 8, 2012. This rule is
effective in the Federal Register from
SUMMARY:
E:\FR\FM\08AUR1.SGM
08AUR1
Agencies
[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Rules and Regulations]
[Pages 47282-47284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19344]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0688]
RIN 1625-AA00
Safety Zone; Milwaukee Air and Water Show, Lake Michigan,
Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is making a temporary deviation to the
established Milwaukee Air and Water Show safety zone on Lake Michigan
near Milwaukee Wisconsin. This action is necessary to more accurately
reflect the size requirements for this safety zone during this year's
air show. This safety zone is intended to restrict vessels from a
portion of Lake Michigan during the Milwaukee Air and Water Show. This
safety zone is necessary to protect spectators and vessels from the
hazards associated with an air show over water.
DATES: This rule will be effective from 8:00 a.m. on August 10, 2012,
until 4:00 p.m. on August 12, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0688]. 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.'' You may
visit the Docket Management Facility, 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 CWO Jon Grob, U.S. Coast Guard Sector
Lake Michigan; telephone 414-747-7188, email Jon.K.Grob@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 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. The final details for this year's
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 both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect spectators and
vessels from the hazards associated with an air show and associated
pyrotechnics, 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
[[Page 47283]]
discussed in the preceding paragraph, waiting for a 30 day notice
period to run would be impracticable and contrary to the public
interest.
B. Basis and Purpose
Between 8:00 a.m. until 4:00 p.m. each day on Friday, Saturday, and
Sunday of the second weekend of August 2012, an air show will be held
over Lake Michigan in Milwaukee, WI. The Captain of the Port, Sector
Lake Michigan, has determined that an air show with associated
acrobatic maneuvers proximate to a gathering of watercraft and
personnel pose a significant risk to public safety and property. Such
hazards include aircraft malfunctions and subsequent crash and falling
or burning debris. This temporary rule makes a temporary deviation to
the Milwaukee Air and Water Show safety zone, which is established at
33 CFR 165.929(43).
C. Discussion of Rule
Changes have been made to the boundaries and times previously
codified for this event; these changes were necessary to provide the
public with the most up to date information as received from the
sponsoring organization. With the aforementioned hazards in mind, the
Captain of the Port, Sector Lake Michigan, has determined that this
temporary deviation of the size of this safety zone is necessary to
ensure the safety of spectators and vessels during the air show. This
zone will be enforced from 8:00 a.m. until 4:00 p.m. on Friday,
Saturday, and Sunday of the second weekend of August 2012. The safety
zone will encompass 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 43[deg]02'42''
N, 087[deg]52'14'' W; then northeast to 43[deg]04'25'' N,
087[deg]50'53'' W; then northwest to 43[deg]04'40'' N, 087[deg]51'29''
W; then southwest to 43[deg]02'57'' N, 087[deg]52'50'' W; then
southeast returning to the point of origin (NAD 83). Entry into,
transiting, or anchoring within the safety zone is prohibited unless
authorized by the Captain of the Port, Sector Lake Michigan, or his
designated on-scene representative. The Captain of the Port or his
designated on-scene 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 13 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 created by this rule will be relatively small and enforced
for a 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 through the safety zone when permitted by the Captain of
the Port.
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.
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 Lake Michigan, Milwaukee, WI on
Friday, Saturday, and Sunday of the second weekend of August, 2012.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only eight hours on these days. Traffic may be allowed to pass through
the zone with the permission of the Captain of the Port. The Captain of
the Port can be reached via VHF channel 16. Before the activation of
the zone, we would 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
section 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 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
INFORMATION 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
[[Page 47284]]
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 the establishment of a safety zone and,
therefore it 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. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0688 to read as follows:
Sec. 165.T09-0688 Safety Zone; Milwaukee Air and Water Show, Lake
Michigan, Milwaukee, WI.
(a) Location. The safety zone will encompass 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 43[deg]02'42'' N, 087[deg]52'14'' W; then northeast
to 43[deg]04'25'' N, 087[deg]50'53'' W; then northwest to
43[deg]04'40'' N, 087[deg]51'29'' W; then southwest to 43[deg]02'57''
N, 087[deg]52'50'' W; then southeast returning to the point of origin
(NAD 83).
(b) Enforcement Period. This regulation will be enforced on Friday,
Saturday, and Sunday of the second weekend of August, 2012 from 8:00
a.m. until 4:00 p.m. each day.
(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, Sector Lake
Michigan 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, Sector Lake Michigan or his
designated on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan to act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan or his
on-scene representative to obtain permission to do so. The Captain of
the Port, Sector Lake Michigan 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, Sector Lake Michigan, or his
on-scene representative.
Dated: July 20, 2012.
M. W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2012-19344 Filed 8-7-12; 8:45 am]
BILLING CODE 9110-04-P