Safety Zone; St. Patrick's Day Fireworks; Manitowoc River, Manitowoc, WI, 15293-15296 [2013-05546]
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Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations
associated with this deviation. 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 temporary
deviation, call or email Mr. John
McDonald, Project Officer, First Coast
Guard District,
john.w.mcdonald@uscg.mil, or (617)
223–8364. If you have questions on
viewing the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The West
Bay Bridge has a vertical clearance of 15
feet at mean high water, and 17 feet at
mean low water in the closed position.
The existing drawbridge operating
regulations are found at 33 CFR 117.622.
The bridge owner, the Town of
Barnstable, requested a bridge closure to
facilitate bridge rehabilitation repairs.
Under this temporary deviation, the
West Bay Bridge may remain in the
closed position from February 22, 2013
through April 30, 2013.
The West Bay Bridge is transited
predominantly by recreational vessels.
The bridge rarely opens in the winter
months when this temporary deviation
will be in effect; however, there is an
alternate route around Grand Isle for
marine traffic.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated repair period.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: February 26, 2013.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2013–05548 Filed 3–8–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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33 CFR Part 117
[Docket No. USCG–2013–0122]
Drawbridge Operation Regulations;
Columbia River, Vancouver, WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
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The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Burlington
Northern Santa Fe (BNSF) Railway
Bridge across the Columbia River, mile
105.6, at Vancouver, WA. This deviation
is necessary to accommodate
maintenance to replace movable bridge
joints. This deviation allows the bridge
to remain in the closed position during
maintenance activities.
DATES: This deviation is effective from
8 a.m. on March 13, 2013, until 6 p.m.
on March 14, 2013.
ADDRESSES: The docket for this
deviation, [USCG–2013–0122] is
available at 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 deviation. 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 temporary
deviation, call or email Randall
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 Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: BNSF has
requested that the BNSF Swing Bridge
across the Columbia River, mile 105.6,
remain closed to vessel traffic to
facilitate replacement of movable bridge
joints. During these maintenance
periods the swing span of the BNSF
Railway Bridge across the Columbia
River at Vancouver, WA will be
disabled and the bridge will not be able
to be opened. The BNSF Bridge crosses
the Columbia River, mile 105.6, and in
accordance to NOAA Chart 18526
provides 39 feet of vertical clearance
above Columbia River Datum 0.0 while
in the closed position. Vessels which do
not require a bridge opening may
continue to transit beneath the bridge
during this closure period. Under
normal operation the bridge opens on
signal as required by 33 CFR 117.5. This
deviation allows the swing span of the
BNSF Railway Bridge across the
Columbia River, mile 105.6, to remain
in the closed position and not open for
maritime traffic from 8 a.m. until 6 p.m.
on March 13, 2013, and 8 a.m. until 6
p.m. on March 14, 2013. The bridge
SUMMARY:
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15293
shall operate in accordance to 33 CFR
117.5 at all other times. Waterway usage
on this stretch of the Columbia River
includes vessels ranging from
commercial tug and tow vessels to
recreational pleasure craft including
cabin cruisers and sailing vessels.
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.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: February 27, 2013.
Randall D. Overton,
Bridge Administrator.
[FR Doc. 2013–05545 Filed 3–8–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0116]
RIN 1625–AA00
Safety Zone; St. Patrick’s Day
Fireworks; Manitowoc River,
Manitowoc, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Manitowoc River in Manitowoc,
Wisconsin. This safety zone is intended
to restrict vessels from a portion of the
Manitowoc River due to a fireworks
display. This temporary safety zone is
necessary to protect the surrounding
public and vessels from the hazards
associated with the fireworks display.
DATES: This rule is effective on March
15, 2013, from 5:30 p.m. until 7:00 p.m.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2013–
0116 and are available online by going
to www.regulations.gov, inserting
USCG–2013–0116 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,
SUMMARY:
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Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations
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 MST1 Joseph
McCollum, U.S. Coast Guard Sector
Lake Michigan, at 414–747–7148 or
Joseph.P.McCollum@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, 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. 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 vessels from the hazards
associated with a fireworks display that
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 a 30 day notice period to run
would be impracticable and contrary to
the public interest.
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B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and limited
access areas: 33 U.S.C. 1226, 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Public Law 107–295, 116
Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
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On March 15, 2013, the City of
Manitowoc will hold its annual St.
Patrick’s Day fireworks display. This
fireworks display will be launched from
the shore of the Manitowoc River. This
event is currently listed within 33 CFR
165.929(1) as taking place on the third
Saturday of March. However, due to a
schedule conflict the event organizers
have informed the Coast Guard that this
year’s event will take place on Friday,
March 15. The Captain of the Port,
Sector Lake Michigan, has determined
that this fireworks display will pose a
significant risk to public safety and
property. Such hazards include falling
debris and collisions among spectator
vessels.
C. Discussion of Rule
With the aforementioned hazards in
mind, the Captain of the Port, Sector
Lake Michigan, has determined that this
temporary safety zone is necessary to
ensure the safety of persons and vessels
during the fireworks display on the
shore of the Manitowoc River. This zone
is effective from 5:30 p.m. until 7:00
p.m. on March 15, 2013. This zone will
be enforced from 5:30 p.m. until 7:00
p.m. on March 15, 2013.
The safety zone will encompass all
waters of the Manitowoc River within a
300 foot radius of an approximate
launch position at 44°5′29.6″ N and
87°39′23.0″ W (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 onscene 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 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
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(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
geographically small and enforced for
only for short time period. 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 the Manitowoc River on
March 15, 2013.
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 effective and thus subject to
enforcement for only one day. 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 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 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
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Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations
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.
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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6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters. In
preparing this temporary rule, the Coast
Guard carefully considered the rights of
lawful protestors. The safety zones
created by this rule do not prohibit
members of the public from assembling
on shore or expressing their points of
view from locations on shore. In
addition, the Captain of the Port has
identified waters in the vicinity of these
safety zones where those desiring to do
so can assemble and express their views
without compromising navigational
safety. 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.
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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.
docket where indicated under
We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
ADDRESSES.
List of Subjects in 33 CFR Part 165
10. Protection of Children
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).
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.
15295
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
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
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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.T09–0116 to read as
follows:
■
§ 165.T09–0116 Safety Zone; St. Patrick’s
Day Fireworks; Manitowoc River,
Manitowoc, Wisconsin.
(a) Location. The safety zone will
encompass all waters of the Manitowoc
River within a 300 foot radius of an
approximate launch position at 44° 5′
29.6″ N and 87° 39′ 23.0″ W (NAD 83).
(b) Effective and enforcement period.
This rule is effective from 5:30 p.m.
until 7:00 p.m. on March 15, 2013. This
rule will be enforced from 5:30 p.m.
until 7:00 p.m. on March 15, 2013.
(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,
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
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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: February 26, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2013–05546 Filed 3–8–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2005–NM–0006; FRL–
9788–8]
Approval and Promulgation of
Implementation Plans; New Mexico;
New Source Review (NSR)
Preconstruction Permitting Program;
Clarification of EPA’s Approval of the
Sunland Park Section 110(a)(1)
Maintenance Plan for the 1997 8-Hour
Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve revisions to the applicable New
Source Review (NSR) State
Implementation Plan (SIP) for New
Mexico. Among the changes, EPA is
approving the following: the
establishment of a new Minor NSR
(MNSR) general construction permitting
program; changes to the MNSR Public
Participation requirements; the
establishment of three different types of
MNSR Permit Revisions; and the
addition of exemptions for de minimis
emission sources and activities from
obtaining a MNSR permit. EPA finds
that these revisions to the New Mexico
SIP comply with the Federal Clean Air
Act (the Act or CAA) and EPA
regulations and are consistent with EPA
policies. EPA also is providing
clarification of an earlier separate EPA
rulemaking action approving the
Section 110(a)(1) Maintenance Plan for
the 1997 8-hour ozone standard for the
Sunland Park 1997 8-hour attainment
area. This action is being taken under
section 110 of the Act.
DATES: This final rule is effective on
April 10, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2005–NM–0006.
All documents in the docket are listed
on the https://www.regulations.gov Web
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SUMMARY:
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site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 Freedom of
Information Act Review Room between
the hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays.
Contact the person listed in the FOR
FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittals related to this
SIP revision, and which are part of the
EPA docket, are also available for public
inspection at the State Air Agency listed
below during official business hours by
appointment:
New Mexico Environment
Department, Air Quality Bureau, 1301
Siler Road, Building B, Santa Fe, New
Mexico.
FOR FURTHER INFORMATION CONTACT: Ms.
Ashley Mohr, Air Permits Section (6PD–
R), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–7289; fax number (214) 665–
6762; email address
mohr.ashley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
I. What is the background for this action?
II. What public comments were received?
III. What final action is EPA taking?
A. What are we not addressing in this final
action?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
The background for today’s action is
discussed in detail in our November 29,
2012 proposal (77 FR 71145). In that
notice, we proposed to approve
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revisions to the NSR SIP for New
Mexico submitted on May 29, 1998,
November 6, 1998, April 11, 2002, April
25, 2005, and November 2, 2006, which
incorporate changes to the Construction
Permits regulation contained in 20.2.72
of the New Mexico Administrative Code
(NMAC), also known as Part 72. Part 72
contains the provisions that establish
New Mexico’s Minor NSR permitting
program as well as preconstruction
permitting requirements potentially
applicable to other programs under the
NMAC. EPA also proposed to approve
as part of the New Mexico NSR SIP, the
letter dated November 7, 2012, from the
Secretary committing the New Mexico
Environment Department (NMED) Air
Quality Bureau to providing notification
on the NMED’s Web site of all second
30-day public comment periods
provided for under Paragraph B of
Section 206 of Part 72.
Our November 29, 2012 proposal
provides a detailed description of the
submittals and the rationale for EPA’s
proposed action, together with a
discussion of the opportunity to
comment. The public comment period
for this action closed on December 31,
2012.
II. What public comments were
received?
The Federal Register proposing
approval of these SIP revisions was
published on November 29, 2012, and
the public comment period closed on
December 31, 2012. EPA received one
comment letter submitted by the NMED
(hereinafter referred to as ‘‘the
commenter’’). The comment letter is
available for review in the docket for
this rulemaking. We received no adverse
comments on the proposed rule from
the commenter. The commenter
generally expressed support of EPA’s
proposed approval of these SIP
revisions, and raised two considerations
that EPA is clarifying in its responses.
Comment: The commenter raised a
concern about EPA’s reference in its
proposed action incorrectly referring to
the Sunland Park, New Mexico area as
being designated nonattainment for the
revoked 1-hour ozone National Ambient
Air Quality Standard (NAAQS). The
commenter contends that this area is no
longer designated as nonattainment for
the 1-hour ozone NAAQS.
Response: EPA agrees the Sunland
Park area is no longer designated
nonattainment for the 1-hour ozone
NAAQS.1 EPA revoked the 1-hour
ozone NAAQS for the Sunland Park area
1 EPA stated in the proposed action, in part:
‘‘* * *the only area designated nonattainment for
the 1-hour ozone NAAQS is Sunland Park.’’ 77 FR
71151, November 29, 2012.
E:\FR\FM\11MRR1.SGM
11MRR1
]]>Agencies
[Federal Register Volume 78, Number 47 (Monday, March 11, 2013)]
[Rules and Regulations]
[Pages 15293-15296]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05546]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0116]
RIN 1625-AA00
Safety Zone; St. Patrick's Day Fireworks; Manitowoc River,
Manitowoc, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Manitowoc River in Manitowoc, Wisconsin. This safety zone is intended
to restrict vessels from a portion of the Manitowoc River due to a
fireworks display. This temporary safety zone is necessary to protect
the surrounding public and vessels from the hazards associated with the
fireworks display.
DATES: This rule is effective on March 15, 2013, from 5:30 p.m. until
7:00 p.m.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0116 and are available online
by going to www.regulations.gov, inserting USCG-2013-0116 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,
[[Page 15294]]
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 MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7148 or Joseph.P.McCollum@uscg.mil. If
you have questions on viewing the docket, call Barbara Hairston,
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. 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 vessels from the hazards
associated with a fireworks display that 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 a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
On March 15, 2013, the City of Manitowoc will hold its annual St.
Patrick's Day fireworks display. This fireworks display will be
launched from the shore of the Manitowoc River. This event is currently
listed within 33 CFR 165.929(1) as taking place on the third Saturday
of March. However, due to a schedule conflict the event organizers have
informed the Coast Guard that this year's event will take place on
Friday, March 15. The Captain of the Port, Sector Lake Michigan, has
determined that this fireworks display will pose a significant risk to
public safety and property. Such hazards include falling debris and
collisions among spectator vessels.
C. Discussion of Rule
With the aforementioned hazards in mind, the Captain of the Port,
Sector Lake Michigan, has determined that this temporary safety zone is
necessary to ensure the safety of persons and vessels during the
fireworks display on the shore of the Manitowoc River. This zone is
effective from 5:30 p.m. until 7:00 p.m. on March 15, 2013. This zone
will be enforced from 5:30 p.m. until 7:00 p.m. on March 15, 2013.
The safety zone will encompass all waters of the Manitowoc River
within a 300 foot radius of an approximate launch position at
44[deg]5'29.6'' N and 87[deg]39'23.0'' W (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 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 geographically small and
enforced for only for short time period. 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 the Manitowoc River on March 15,
2013.
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 effective and thus subject to enforcement for only
one day. 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 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
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
[[Page 15295]]
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.
In preparing this temporary rule, the Coast Guard carefully considered
the rights of lawful protestors. The safety zones created by this rule
do not prohibit members of the public from assembling on shore or
expressing their points of view from locations on shore. In addition,
the Captain of the Port has identified waters in the vicinity of these
safety zones where those desiring to do so can assemble and express
their views without compromising navigational safety. 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 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.T09-0116 to read as follows:
Sec. 165.T09-0116 Safety Zone; St. Patrick's Day Fireworks; Manitowoc
River, Manitowoc, Wisconsin.
(a) Location. The safety zone will encompass all waters of the
Manitowoc River within a 300 foot radius of an approximate launch
position at 44[deg] 5' 29.6'' N and 87[deg] 39' 23.0'' W (NAD 83).
(b) Effective and enforcement period. This rule is effective from
5:30 p.m. until 7:00 p.m. on March 15, 2013. This rule will be enforced
from 5:30 p.m. until 7:00 p.m. on March 15, 2013.
(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
[[Page 15296]]
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: February 26, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2013-05546 Filed 3-8-13; 8:45 am]
BILLING CODE 9110-04-P
