Safety Zone; Grand Haven 4th of July Fireworks; Grand River; Grand Haven, MI, 39998-40000 [2013-16043]

Download as PDF 39998 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations into and control the regulated area. The PATCOM shall be designated by the Commander, Coast Guard Sector San Francisco. The PATCOM may, upon request, allow the transit of commercial vessels through regulated areas when it is safe to do so. This notice is issued under authority of 33 CFR 165.1191 and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with extensive advance notification of the safety zone and its enforcement period via the Local Notice to Mariners. If the Captain of the Port determines that the regulated area need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. Dated: June 13, 2013. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2013–16040 Filed 7–2–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0547] RIN 1625–AA00 Safety Zone; Grand Haven 4th of July Fireworks; Grand River; Grand Haven, MI Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the Grand River in Grand Haven, Michigan. This safety zone is intended to restrict vessels from a portion of the Grand 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 from 9:30 p.m. until 11:30 p.m. on July 4, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0547. 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 WREIER-AVILES on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:18 Jul 02, 2013 Jkt 229001 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 CFR Code of Federal Regulations A. Regulatory History and Information This annual fireworks display is codified in 33 CFR 165.929(a)(19). However, the Coast Guard was informed by the event organizer that this year’s fireworks will be shot from a different location than what is shown in 33 CFR 165.929(a)(19). This temporary final rule reflects the new launch site for this year’s event. 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 it is 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 both impracticable because it would inhibit the Coast Guard’s ability to protect spectators and vessels from the hazards associated with a maritime fireworks display, 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 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 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; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. On July 4, 2013, the City of Grand Haven will host a fireworks display. Fireworks will be launched from a position on the west bank of the Grand River in Grand Haven, Michigan. The Coast Guard, after speaking with the event organizer, anticipates that a large number of spectator vessels will be present in the Grand River on the night of the display. As such, the Captain of the Port, Lake Michigan, has determined that this fireworks display will pose a significant risk to public safety and property. Such hazards include falling debris, flaming debris, and collisions among spectator vessels. 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 fireworks display in Grand Haven, Michigan. This rule is effective and will be enforced from 9:30 p.m. until 11:30 p.m. on July 4, 2013. The safety zone will encompass all waters of the Grand River within the arc of a circle with an 800 foot radius with a center in position 43°3′ 55.7″ N and 86°14′ 13.8″ 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 E:\FR\FM\03JYR1.SGM 03JYR1 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations 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 two hours on a single day in July. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. WREIER-AVILES on DSK5TPTVN1PROD with RULES 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this proposed rule on small entities. 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 Grand River on July 4, 2013. This safety zone will not have a significant economic impact on a substantial number of small entities for the reasons noted in the Regulatory Planning and Review section. Additionally, before the enforcement of the zone, we would issue 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 (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 VerDate Mar<15>2010 15:18 Jul 02, 2013 Jkt 229001 who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of 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. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 39999 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. E:\FR\FM\03JYR1.SGM 03JYR1 40000 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations Dated: June 21, 2013. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. [FR Doc. 2013–16043 Filed 7–2–13; 8:45 am] BILLING CODE 9110–04–P 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 DEPARTMENT OF HOMELAND SECURITY 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. RIN 1625–AA00 ■ 2. Add § 165.T09–0547 to read as follows: ■ WREIER-AVILES on DSK5TPTVN1PROD with RULES (a) Location. All waters of the Grand River within the arc of a circle with an 800 foot radius with a center in position 43° 3′ 55.7″ N and 86° 14′ 13.8″ W (NAD 83). (b) Effective and Enforcement Period. This rule is effective and will be enforced from 9:30 p.m. until 11:30 p.m. on July 4, 2013. (c) Regulations. (1) In accordance with the general regulations in section 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. 15:18 Jul 02, 2013 Jkt 229001 Eighth Coast Guard District Annual Safety Zones; Riverfront Independence Festival Fireworks; Ohio River 607.0– 609.0; New Albany, KY Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: § 165.T09–0547 Safety Zone; Grand Haven 4th of July fireworks; Grand River, Grand Haven, MI. VerDate Mar<15>2010 [Docket No. USCG–2013–0331] ACTION: The Coast Guard will enforce a Safety Zone for the Riverfront Independence Festival Fireworks on the Ohio River 607.0 to 609.0 from 9:30 p.m. until 10:30 p.m. on July 3, 2013. This action is necessary for the safeguard of participants and spectators, including all crews, vessels, and persons on navigable waters during the Riverfront Independence Festival Fireworks. During the enforcement period, in accordance with a previously established Safety Zone, entry into, transiting through or anchoring in the Safety Zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative. DATES: The regulations in 33 CFR 165.801 will be enforced from 9:30 p.m. until 10:30 p.m. on July 3, 2013. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice of enforcement, call Petty Officer Second Class Catherine M. Lawson, Coast Guard Sector Ohio Valley at 502–779–5432, or by email at Catherine.M.Lawson@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone for the annual Riverfront Independence Festival Fireworks listed in 33 CFR 165.801 Table 1, Table No. 18; Sector Ohio Valley, No. 21 on July 3, 2013 from 9:30 p.m. until 10:30 p.m. Under the provisions of 33 CFR 165.801, entry into the Safety Zone listed in Table 1, Table No. 18; Sector Ohio Valley, No. 21 is prohibited unless authorized by the Captain of the Port or SUMMARY: PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 a designated representative. Persons or vessels desiring to enter into or pass through the Safety Zone must request permission from the Captain of the Port or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port or designated representative. This notice is issued under authority of 5 U.S.C. 552(a); 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Local Notice to Mariners and Marine Information Broadcasts. If the Captain of the Port Ohio Valley or Patrol Commander determines that the Safety Zone need not be enforced for the full duration stated in this notice of enforcement, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: June 13, 2013. L.W. Hewett, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2013–16046 Filed 7–2–13; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 50 [EPA–HQ–OAR–2012–0210; FRL–9822–1] RIN 2060–AP89 Method for the Determination of Lead in Total Suspended Particulate Matter Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The EPA is establishing a new Federal Reference Method (FRM) for measuring Lead (Pb) in total suspended particulate matter (TSP) collected from ambient air. This method is intended for use by analytical laboratories performing the analysis of Pb in TSP to support data collection for the Pb National Ambient Air Quality Standard (NAAQS). The existing FRM for Pb is designated as a new Federal Equivalent Method (FEM), and the currently designated FEMs are retained. This action avoids any disruption to existing Pb monitoring networks and data collection and does not affect the FRM SUMMARY: E:\FR\FM\03JYR1.SGM 03JYR1

Agencies

[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Rules and Regulations]
[Pages 39998-40000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16043]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0547]
RIN 1625-AA00


Safety Zone; Grand Haven 4th of July Fireworks; Grand River; 
Grand Haven, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Grand River in Grand Haven, Michigan. This safety zone is intended to 
restrict vessels from a portion of the Grand 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 from 9:30 p.m. until 11:30 p.m. on July 
4, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0547. 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
CFR Code of Federal Regulations

A. Regulatory History and Information

    This annual fireworks display is codified in 33 CFR 165.929(a)(19). 
However, the Coast Guard was informed by the event organizer that this 
year's fireworks will be shot from a different location than what is 
shown in 33 CFR 165.929(a)(19). This temporary final rule reflects the 
new launch site for this year's event.
    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 it is 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 both 
impracticable because it would inhibit the Coast Guard's ability to 
protect spectators and vessels from the hazards associated with a 
maritime fireworks display, 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; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    On July 4, 2013, the City of Grand Haven will host a fireworks 
display. Fireworks will be launched from a position on the west bank of 
the Grand River in Grand Haven, Michigan. The Coast Guard, after 
speaking with the event organizer, anticipates that a large number of 
spectator vessels will be present in the Grand River on the night of 
the display. As such, the Captain of the Port, Lake Michigan, has 
determined that this fireworks display will pose a significant risk to 
public safety and property. Such hazards include falling debris, 
flaming debris, and collisions among spectator vessels.

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 
fireworks display in Grand Haven, Michigan. This rule is effective and 
will be enforced from 9:30 p.m. until 11:30 p.m. on July 4, 2013. The 
safety zone will encompass all waters of the Grand River within the arc 
of a circle with an 800 foot radius with a center in position 43[deg]3' 
55.7'' N and 86[deg]14' 13.8'' 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

[[Page 39999]]

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 two hours on a single day in July. 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), we have 
considered the impact of this proposed rule on small entities. 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 Grand River 
on July 4, 2013.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons noted in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of the zone, we would issue 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of 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.

[[Page 40000]]

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 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.


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2. Add Sec.  165.T09-0547 to read as follows:


Sec.  165.T09-0547  Safety Zone; Grand Haven 4th of July fireworks; 
Grand River, Grand Haven, MI.

    (a) Location. All waters of the Grand River within the arc of a 
circle with an 800 foot radius with a center in position 43[deg] 3' 
55.7'' N and 86[deg] 14' 13.8'' W (NAD 83).
    (b) Effective and Enforcement Period. This rule is effective and 
will be enforced from 9:30 p.m. until 11:30 p.m. on July 4, 2013.
    (c) Regulations. (1) In accordance with the general regulations in 
section 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. 2013-16043 Filed 7-2-13; 8:45 am]
BILLING CODE 9110-04-P