Safety Zone; Discovery World Fireworks, Milwaukee Harbor, Milwaukee, WI, 42016-42018 [2013-16807]
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Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Rules and Regulations
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0326]
RIN 1625–AA00
Safety Zone; Discovery World
Fireworks, Milwaukee Harbor,
Milwaukee, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
within Milwaukee Harbor, Milwaukee,
Wisconsin. This zone is intended to
restrict vessels from a portion of
Milwaukee Harbor due to 4 fireworks
displays at Discovery World Pier. This
safety zone is necessary to protect the
surrounding public and vessels from the
hazards associated with these fireworks
displays.
DATES: This rule will be enforced with
actual notice from July 10, 2013, until
July 15, 2013. This rule is effective in
the Code of Federal Regulations from
July 15, 2013 until October 5, 2013. This
rule will be enforced at the dates and
times listed in the ‘‘Discussion of
Comments, Changes, and the Final
Rule’’ section that follows.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0326. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ 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:
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
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17:20 Jul 12, 2013
Jkt 229001
A. Regulatory History and Information
On May 17, 2013, the Coast Guard
published a notice of proposed
rulemaking entitled, ‘‘Safety Zone;
Discovery World Fireworks, Milwaukee
Harbor, Milwaukee, Wisconsin’’ in the
Federal Register (78 FR 29086). We
received 0 comments on the proposed
rule. No public meeting was requested,
and none was held.
The Coast Guard finds that good cause
exists under 5 U.S.C. 553(d)(3), for
making this rule effective less than 30
days after publication in the Federal
Register. Waiting for a 30 day notice
period to run would be impracticable
and contrary to the public interest
because the Coast Guard did not receive
the necessary information in time for
this regulation to undertake both an
NPRM and a 30 day delayed effective
date. The Coast Guard chose to seek
public comment in the time that
remained. Additionally, undergoing a
30 day delayed effective date 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.
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.
Bartolotta Catering Company has
informed the Coast Guard of 4 fireworks
displays planned for 2013. These
displays are scheduled for July 10;
August 3 and 22; and October 5. Each
display is expected to involve fireworks
no larger than 4″ in size and will be
fired from the same location on
Discovery World Pier. The Captain of
the Port, Lake Michigan, has determined
that the likelihood of transiting
watercraft during the fireworks displays
presents a significant risk of serious
injuries or fatalities. The safety risks
associated with these displays include
falling debris, accidental detonations,
and the spread of fire among spectator
vessels.
C. Discussion of Comments, Changes,
and the Final Rule
No comments were received and no
changes were made. The Captain of the
Port, Lake Michigan, has determined
that a safety zone is necessary to
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mitigate the aforementioned safety risks.
Thus, this rule establishes a safety zone
that encompasses all waters of
Milwaukee Harbor, including Lakeshore
inlet and Discovery World Marina,
within the arc of a circle with a 300-foot
radius from the fireworks launch site
located in approximate position
43°02′10.7″ N, 087°53′37.5″ W (NAD
83).
This safety zone is effective from July
10, 2013, until October 5, 2013. This
safety zone will be enforced from 9 p.m.
until 11 p.m. on July 10; August 3 and
22; and October 5, 2013.
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 temporary 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 two hours on a
given day. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port.
2. Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this rule on small entities.
The Coast Guard certifies under 5 U.S.C.
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Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
605(b) that this 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 Lake Michigan in
Milwaukee Harbor during the times
when this rule is enforced.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would 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
within the vicinity of the Discovery
World Marina or Lakeshore inlet during
the times that this zone is enforced.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will be
enforced for a limited time on 4 days.
This safety zone has been designed to
allow traffic to pass safely around the
zone whenever possible and vessels will
be allowed to pass through the zone
with the permission of the Captain of
the Port. If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
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17:20 Jul 12, 2013
Jkt 229001
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.
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42017
10. Protection of Children From
Environmental Health Risks
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
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42018
Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
Dated: July 1, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[FR Doc. 2013–16807 Filed 7–12–13; 8:45 am]
1. The authority citation for Part 165
continues to read as follows:
BILLING CODE 9110–04–P
■
Authority: 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;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
mstockstill on DSK4VPTVN1PROD with RULES
§ 165.T09–0326 Safety Zone; Discovery
World Fireworks, Milwaukee Harbor,
Milwaukee, Wisconsin.
(a) Location. All waters of Milwaukee
Harbor, including Lakeshore inlet and
Discovery World Marina, within the arc
of a circle with a 300-foot radius from
the fireworks launch site located in
approximate position 43°02′10.7″ N,
087°53′37.5″ W (NAD 83).
(b) Effective Period. This safety zone
will be effective from July 10, 2013,
until October 5, 2013. This safety zone
will be enforced from 9 p.m. until 11
p.m. on July 10; August 3 and 22; and
October 5, 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.
17:20 Jul 12, 2013
Jkt 229001
40 CFR Part 52
[EPA–R09–OAR–2012–0799; FRL–9833–2]
Determination of Attainment for the
Sacramento Nonattainment Area for
the 2006 Fine Particle Standard;
California; Determination Regarding
Applicability of Clean Air Act
Requirements
2. Add § 165.T09–0326 to read as
follows:
■
VerDate Mar<15>2010
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
determine that the Sacramento
nonattainment area in California has
attained the 2006 24-hour fine particle
(PM2.5) National Ambient Air Quality
Standard (NAAQS or standard). This
determination is based upon complete,
quality-assured, and certified ambient
air monitoring data showing that this
area has monitored attainment of the
2006 24-hour PM2.5 NAAQS based on
the 2010–2012 monitoring period. Based
on the above determination, the
requirements for this area to submit an
attainment demonstration, together with
reasonably available control measures, a
reasonable further progress (RFP) plan,
and contingency measures for failure to
meet RFP and attainment deadlines are
suspended for so long as the area
continues to attain the 2006 24-hour
PM2.5 NAAQS.
DATES: Effective Date: This rule is
effective on August 14, 2013.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2012–0799 for
this action. Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps, multi-volume
reports), and some may not be publicly
available in either location (e.g.,
Confidential Business Information). To
inspect the hard copy materials, please
schedule an appointment during normal
business hours with the contact listed in
SUMMARY:
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the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: John
Ungvarsky, (415) 972–3963, or by email
at ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA.
Table of Contents
I. Summary of EPA’s Proposed Action
II. Public Comments
III. EPA’s Final Action
IV. Statutory and Executive Order Reviews
I. Summary of EPA’s Proposed Action
On October 26, 2012 (77 FR 65346),
EPA proposed to determine that the
Sacramento nonattainment area in
California has attained the 2006 24-hour
NAAQS for fine particles (generally
referring to particles less than or equal
to 2.5 micrometers in diameter, PM2.5).
The 2006 24-hour PM2.5 NAAQS is 35
micrograms per cubic meter (mg/m3),
based on a 3-year average of the 98th
percentile of 24-hour concentrations.
The Sacramento PM2.5 nonattainment
area includes Sacramento County, the
western portions of El Dorado and
Placer counties, and the eastern portions
of Solano and Yolo counties. Other than
the El Dorado County portion of the
nonattainment area, the Sacramento
PM2.5 nonattainment area lies within the
Sacramento Valley Air Basin.
In our proposed rule, we explained
how EPA makes an attainment
determination for the 2006 24-hour
PM2.5 NAAQS by reference to complete,
quality-assured data gathered at a State
and Local Air Monitoring Station(s)
(SLAMS) and entered into EPA’s Air
Quality System (AQS) database and by
reference to 40 CFR 50.13 (‘‘National
primary and secondary ambient air
quality standards for PM2.5’’) and
appendix N to [40 CFR] part 50
(‘‘Interpretation of the National Ambient
Air Quality Standards for PM2.5’’). EPA
proposed the determination of
attainment for the Sacramento
nonattainment area based upon a review
of the monitoring network and the
ambient air quality data collected at the
monitoring sites during the 2009–2011
period. The monitoring network in the
area is operated by the California Air
Resources Board (CARB) and three local
air pollution control agencies in the
area: Sacramento Metropolitan Air
Quality Management District, Placer
County Air Pollution Control District,
and Yolo-Solano Air Quality
Management District. Based on these
reviews, EPA found that complete,
quality-assured and certified data for the
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]]>Agencies
[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Rules and Regulations]
[Pages 42016-42018]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16807]
[[Page 42016]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0326]
RIN 1625-AA00
Safety Zone; Discovery World Fireworks, Milwaukee Harbor,
Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone within
Milwaukee Harbor, Milwaukee, Wisconsin. This zone is intended to
restrict vessels from a portion of Milwaukee Harbor due to 4 fireworks
displays at Discovery World Pier. This safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with these fireworks displays.
DATES: This rule will be enforced with actual notice from July 10,
2013, until July 15, 2013. This rule is effective in the Code of
Federal Regulations from July 15, 2013 until October 5, 2013. This rule
will be enforced at the dates and times listed in the ``Discussion of
Comments, Changes, and the Final Rule'' section that follows.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0326. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' 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
On May 17, 2013, the Coast Guard published a notice of proposed
rulemaking entitled, ``Safety Zone; Discovery World Fireworks,
Milwaukee Harbor, Milwaukee, Wisconsin'' in the Federal Register (78 FR
29086). We received 0 comments on the proposed rule. No public meeting
was requested, and none was held.
The Coast Guard finds that good cause exists under 5 U.S.C.
553(d)(3), for making this rule effective less than 30 days after
publication in the Federal Register. Waiting for a 30 day notice period
to run would be impracticable and contrary to the public interest
because the Coast Guard did not receive the necessary information in
time for this regulation to undertake both an NPRM and a 30 day delayed
effective date. The Coast Guard chose to seek public comment in the
time that remained. Additionally, undergoing a 30 day delayed effective
date 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.
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.
Bartolotta Catering Company has informed the Coast Guard of 4
fireworks displays planned for 2013. These displays are scheduled for
July 10; August 3 and 22; and October 5. Each display is expected to
involve fireworks no larger than 4'' in size and will be fired from the
same location on Discovery World Pier. The Captain of the Port, Lake
Michigan, has determined that the likelihood of transiting watercraft
during the fireworks displays presents a significant risk of serious
injuries or fatalities. The safety risks associated with these displays
include falling debris, accidental detonations, and the spread of fire
among spectator vessels.
C. Discussion of Comments, Changes, and the Final Rule
No comments were received and no changes were made. The Captain of
the Port, Lake Michigan, has determined that a safety zone is necessary
to mitigate the aforementioned safety risks. Thus, this rule
establishes a safety zone that encompasses all waters of Milwaukee
Harbor, including Lakeshore inlet and Discovery World Marina, within
the arc of a circle with a 300-foot radius from the fireworks launch
site located in approximate position 43[deg]02'10.7'' N,
087[deg]53'37.5'' W (NAD 83).
This safety zone is effective from July 10, 2013, until October 5,
2013. This safety zone will be enforced from 9 p.m. until 11 p.m. on
July 10; August 3 and 22; and October 5, 2013.
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 temporary 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 two hours on a given day. Under certain
conditions, moreover, vessels may still transit through the safety zone
when permitted by the Captain of the Port.
2. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. The Coast Guard
certifies under 5 U.S.C.
[[Page 42017]]
605(b) that this 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 Lake Michigan in Milwaukee Harbor during the times when this
rule is enforced.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would 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 within the vicinity of the Discovery
World Marina or Lakeshore inlet during the times that this zone is
enforced.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be enforced for a limited time on 4 days. This safety zone
has been designed to allow traffic to pass safely around the zone
whenever possible and vessels will be allowed to pass through the zone
with the permission of the Captain of the Port. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this rule would have a significant economic
impact on it, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and how and to what degree this rule would
economically affect it.
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 From Environmental Health Risks
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
[[Page 42018]]
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. Chapter 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.T09-0326 to read as follows:
Sec. 165.T09-0326 Safety Zone; Discovery World Fireworks, Milwaukee
Harbor, Milwaukee, Wisconsin.
(a) Location. All waters of Milwaukee Harbor, including Lakeshore
inlet and Discovery World Marina, within the arc of a circle with a
300-foot radius from the fireworks launch site located in approximate
position 43[deg]02'10.7'' N, 087[deg]53'37.5'' W (NAD 83).
(b) Effective Period. This safety zone will be effective from July
10, 2013, until October 5, 2013. This safety zone will be enforced from
9 p.m. until 11 p.m. on July 10; August 3 and 22; and October 5, 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: July 1, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-16807 Filed 7-12-13; 8:45 am]
BILLING CODE 9110-04-P
