Safety Zone; St. Patrick's Day Fireworks; Manitowoc River, Manitowoc, WI, 15293-15296 [2013-05546]

Download as PDF 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 mstockstill on DSK4VPTVN1PROD with RULES 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: VerDate Mar<15>2010 17:01 Mar 08, 2013 Jkt 229001 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 http://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: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 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: E:\FR\FM\11MRR1.SGM 11MRR1 15294 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. mstockstill on DSK4VPTVN1PROD with RULES 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. VerDate Mar<15>2010 17:01 Mar 08, 2013 Jkt 229001 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 (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 E:\FR\FM\11MRR1.SGM 11MRR1 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. mstockstill on DSK4VPTVN1PROD with RULES 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. VerDate Mar<15>2010 17:01 Mar 08, 2013 Jkt 229001 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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 E:\FR\FM\11MRR1.SGM 11MRR1 15296 Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 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 http://www.regulations.gov Web mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:01 Mar 08, 2013 Jkt 229001 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 http:// 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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