Safety Zone; Summer in the City Water Ski Show; Fox River, Green Bay, WI, 39608-39610 [2013-15837]

Download as PDF 39608 Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and 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 record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 165 as follows: enforced from 9 p.m. until 10:30 p.m. on July 4, 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, 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, Lake Michigan or his designated onscene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port, Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, 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, Lake Michigan or his on-scene representative to obtain permission to do so. The Captain of the Port, 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, Lake Michigan, or his on-scene representative. Dated: June 21, 2013. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2013–15832 Filed 7–1–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Coast Guard 1. The authority citation for part 165 continues to read as follows: 33 CFR Part 165 ■ 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. [Docket No. USCG–2013–0541] RIN 1625–AA00 Safety Zone; Summer in the City Water Ski Show; Fox River, Green Bay, WI 2. Add § 165.T09–0540 to read as follows: AGENCY: § 165.T09–0540 Safety Zone; City of Menominee 4th of July Fireworks, Green Bay, Menominee, MI. SUMMARY: emcdonald on DSK67QTVN1PROD with RULES ■ ACTION: (a) Location. All waters of Green Bay near Menominee, MI within a 800-foot radius of an approximate launch position from the break wall at Menominee Memorial Marina at 45°6′25.2″ N, 87°36′4.8″ W (NAD 83). (b) Effective and Enforcement Period. This rule is effective and will be VerDate Mar<15>2010 16:51 Jul 01, 2013 Jkt 229001 Coast Guard, DHS. Temporary final rule. The Coast Guard is establishing a temporary safety zone on the Fox River in Green Bay, WI. This safety zone is intended to restrict vessels from a portion of the Fox River due to a water ski show. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the water ski show. PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 This rule is effective from 6 p.m. on July 10, 2013, until 7:30 p.m. on August 28, 2013. This rule will be enforced from 6 p.m. until 6:30 p.m. and again from 7 p.m. until 7:30 p.m. on each day of July 10, 17, 24, 31, and August 7, 14, 21, and 28, of 2013. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0541. To view documents mentioned in this preamble as being available in the docket, go to 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 rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this 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: DATES: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule 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 an NPRM with respect to this rule because doing so would be impracticable and contrary to the public interest. 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 both impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to E:\FR\FM\02JYR1.SGM 02JYR1 Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations protect spectators and vessels from the hazards associated with a water ski show, which are discussed further below. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable and contrary to the public interest. 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 and executive orders. 1. Regulatory Planning and Review 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. 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. For 4 days in July and 4 days in August, 2013, the Waterboard Warrior Ski Team will perform two 30-minute shows on the Fox River between the Hwy 141 Bridge and the West Walnut Street Bridge in Green Bay, WI. These water ski shows will consist of 25 participants and three boats, operating within the main channel of the Fox River. The Captain of the Port, Lake Michigan, has determined that these water ski shows will pose a significant risk to public safety and property. Such hazards include collisions among the water ski show participant vessels and passing traffic on the Fox River. 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 small and enforced for only 30-minute intervals on 4 days in July and 4 days in August, 2013. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. C. Discussion of the Final Rule 2. Impact on Small Entities With the aforementioned hazards in mind, the Captain of the Port, Lake Michigan, has determined that this temporary safety zone is necessary to ensure the safety of spectators and vessels during the water ski shows in Green Bay, WI. This rule is will be enforced from 6 p.m. until 6:30 p.m., and again from 7 p.m. until 7:30 p.m. on each day of July 10, 17, 24, 31, and August 7, 14, 21, and 28, 2013. The safety zone will encompass all waters of the Fox River in Green Bay, WI from the Highway 141 Bridge in position 44°31′5.7″ N 88°0′54.7″ W to the West Walnut Street Bridge in position 44°30′54.3″ N 88°1′ 5.3″ W (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, 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. Under the Regulatory Flexibility Act (5 U.S.C. 601–612), as amended, requires federal agencies to consider the potential impact of this proposed rule on small entities. The term ‘‘small entities’’ comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. 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 Fox River during the times that this zone is enforced in July and August, 2013. emcdonald on DSK67QTVN1PROD with RULES B. Basis and Purpose VerDate Mar<15>2010 16:51 Jul 01, 2013 Jkt 229001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 39609 This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons cited in the Regulatory Planning and Review section. Additionally, before the enforcement of the safety zone, the Coast Guard will issue a local Broadcast Notice to Mariners so vessel owners and operators can plan accordingly. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104– 121), we want to assist small entities in understanding this rule. If this 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 E:\FR\FM\02JYR1.SGM 02JYR1 39610 Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations 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 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. emcdonald on DSK67QTVN1PROD with RULES 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. VerDate Mar<15>2010 16:51 Jul 01, 2013 Jkt 229001 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 record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for Part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. 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.T09–0541 to read as follows: this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port, 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, Lake Michigan or his designated onscene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port, Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, 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, Lake Michigan or his on-scene representative to obtain permission to do so. The Captain of the Port, 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, Lake Michigan, or his on-scene representative. Dated: June 21, 2013. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2013–15837 Filed 7–1–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0059] RIN 1625–AA00 ■ § 165.T09–0541 Safety Zone; Summer in the City Water Ski Show; Fox River, Green Bay, WI. (a) Location. All waters of the Fox River in Green Bay, WI from the Highway 141 Bridge in position 44°31′5.7″ N 88°0′54.7″ W to the West Walnut Street Bridge in position 44°30′54.3″ N 88°1′5.3″ W (NAD 83). (b) Effective and Enforcement Period. This rule is effective from 6 p.m. on July 10, 2013 until 7:30 p.m. on August 28, 2013. This rule will be enforced from 6 p.m. until 6:30 p.m., and again from 7 p.m. until 7:30 p.m. on each day of July 10, 17, 24, 31, and August 7, 14, 21, and 28, 2013. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 Safety Zone; Big Bay Boom, San Diego Bay; San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing four temporary safety zones upon the navigable waters of the San Diego Bay for the annual Port of San Diego Fourth of July Big Bay Boom Fireworks display on the evening of July 4, 2013. These temporary safety zones are necessary to provide for the safety of the crew, spectators, and other users and vessels of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within these temporary safety zones unless authorized by the Captain of the Port or his designated representative. SUMMARY: E:\FR\FM\02JYR1.SGM 02JYR1

Agencies

[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39608-39610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15837]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0541]
RIN 1625-AA00


Safety Zone; Summer in the City Water Ski Show; Fox River, Green 
Bay, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Fox River in Green Bay, WI. This safety zone is intended to restrict 
vessels from a portion of the Fox River due to a water ski show. This 
temporary safety zone is necessary to protect the surrounding public 
and vessels from the hazards associated with the water ski show.

DATES: This rule is effective from 6 p.m. on July 10, 2013, until 7:30 
p.m. on August 28, 2013. This rule will be enforced from 6 p.m. until 
6:30 p.m. and again from 7 p.m. until 7:30 p.m. on each day of July 10, 
17, 24, 31, and August 7, 14, 21, and 28, of 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0541. To view documents mentioned in this preamble as being 
available in the docket, go to 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 rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
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
TFR Temporary Final Rule

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 an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. 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 both impracticable and contrary to 
the public interest because it would inhibit the Coast Guard's ability 
to

[[Page 39609]]

protect spectators and vessels from the hazards associated with a water 
ski show, which are discussed further below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, waiting for 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. 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.
    For 4 days in July and 4 days in August, 2013, the Waterboard 
Warrior Ski Team will perform two 30-minute shows on the Fox River 
between the Hwy 141 Bridge and the West Walnut Street Bridge in Green 
Bay, WI. These water ski shows will consist of 25 participants and 
three boats, operating within the main channel of the Fox River. The 
Captain of the Port, Lake Michigan, has determined that these water ski 
shows will pose a significant risk to public safety and property. Such 
hazards include collisions among the water ski show participant vessels 
and passing traffic on the Fox River.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port, 
Lake Michigan, has determined that this temporary safety zone is 
necessary to ensure the safety of spectators and vessels during the 
water ski shows in Green Bay, WI. This rule is will be enforced from 6 
p.m. until 6:30 p.m., and again from 7 p.m. until 7:30 p.m. on each day 
of July 10, 17, 24, 31, and August 7, 14, 21, and 28, 2013. The safety 
zone will encompass all waters of the Fox River in Green Bay, WI from 
the Highway 141 Bridge in position 44[deg]31'5.7'' N 88[deg]0'54.7'' W 
to the West Walnut Street Bridge in position 44[deg]30'54.3'' N 
88[deg]1' 5.3'' W (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port, 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 and 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 
small and enforced for only 30-minute intervals on 4 days in July and 4 
days in August, 2013. 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

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), as 
amended, requires federal agencies to consider the potential impact of 
this proposed rule on small entities. The term ``small entities'' 
comprises small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000. 
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities. 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 Fox River 
during the times that this zone is enforced in July and August, 2013.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons cited in 
the Regulatory Planning and Review section. Additionally, before the 
enforcement of the safety zone, the Coast Guard will issue a local 
Broadcast Notice to Mariners so vessel owners and operators can plan 
accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If this 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

[[Page 39610]]

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 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 record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 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.T09-0541 to read as follows:


Sec.  165.T09-0541  Safety Zone; Summer in the City Water Ski Show; Fox 
River, Green Bay, WI.

    (a) Location. All waters of the Fox River in Green Bay, WI from the 
Highway 141 Bridge in position 44[deg]31'5.7'' N 88[deg]0'54.7'' W to 
the West Walnut Street Bridge in position 44[deg]30'54.3'' N 
88[deg]1'5.3'' W (NAD 83).
    (b) Effective and Enforcement Period. This rule is effective from 6 
p.m. on July 10, 2013 until 7:30 p.m. on August 28, 2013. This rule 
will be enforced from 6 p.m. until 6:30 p.m., and again from 7 p.m. 
until 7:30 p.m. on each day of July 10, 17, 24, 31, and August 7, 14, 
21, and 28, 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, 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, Lake Michigan or his 
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Lake Michigan is any Coast Guard commissioned, warrant or petty officer 
who has been designated by the Captain of the Port, 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, Lake Michigan or his on-
scene representative to obtain permission to do so. The Captain of the 
Port, 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, Lake Michigan, or his on-scene representative.

    Dated: June 21, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-15837 Filed 7-1-13; 8:45 am]
BILLING CODE 9110-04-P