Safety Zone; Joint Operations Exercise, Lake Michigan, IL, 44436-44438 [2013-17912]
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Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Rules and Regulations
§ 165.506 Safety Zones; Fireworks
Displays in the Fifth Coast Guard District.
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Number
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Date
Location
Regulated area
(a) Coast Guard Sector Delaware Bay—COTP Zone
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19 ........
July 25th ...........
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Metedeconk River, Brick Township,
NJ, Safety Zone.
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The waters of the Metedeconk River within a 300 yard radius of the fireworks launch platform in approximate position latitude 40°03′24″ N, longitude 074°06′42″ W, near the shoreline at Brick Township, NJ.
Coast Guard
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:
33 CFR Part 165
Table of Acronyms
[Docket No. USCG–2013–0611]
DHS Department of Homeland Security
DOD Department of Defense
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
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Dated: July 11, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2013–17677 Filed 7–23–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA00
Safety Zone; Joint Operations
Exercise, Lake Michigan, IL
A. Regulatory History and Information
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
Lake Michigan near Lake Forest, IL.
This safety zone is intended to restrict
vessels from a portion of Lake Michigan
due to a joint operations exercise
involving the Department of Defense
and the Department of Homeland
Security. This temporary safety zone is
necessary to protect the surrounding
public and vessels from the hazards
associated with the exercise.
DATES: This rule is effective from 12
p.m. until 11:59 p.m. on July 25, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0611. 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.
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SUMMARY:
VerDate Mar<15>2010
15:33 Jul 23, 2013
Jkt 229001
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. The
final details for this event were not
known to the Coast Guard until there
was insufficient time remaining before
the event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable because it would
inhibit the Coast Guard’s ability to
protect persons and vessels from the
hazards associated with a joint DHS/
DOD exercise, which are discussed
further below.
Under 5 U.S.C. 553(d)(3), The Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
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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.
On July 25, 2013, personnel and
vessels from the Coast Guard and the
Department of Defense will participate
in a joint exercise involving parachuting
personnel over the waters of Lake
Michigan, approximately 9.5 nautical
miles east of Lake Forest, IL. Coast
Guard and DOD vessels are expected to
maneuver over a 2 nautical mile section
of Lake Michigan in an effort to recover
and otherwise aid the personnel in
parachutes. The Captain of the Port,
Lake Michigan, has determined that
parachuting personnel, and the military
vessels maneuvering to aid in their
recovery, presents a significant risk to
public safety and property. Such
hazards include collisions among
transiting civilian and military vessels,
and collisions among parachuting
personnel and transiting watercraft.
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 persons and vessels
during the exercise. This zone will be
effective and enforced from 12 p.m.
until 11:59 p.m. on July 25, 2013. This
zone will encompass all waters of Lake
Michigan within a 2 Nautical Mile
radius of an approximate position at
42°15′01″ N, 87°36′0″ W (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
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Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Rules and Regulations
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.
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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.
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 in an
offshore location and enforced for only
one 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 temporary rule on
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
near Lake Forest, IL on July 25, 2013.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the reasons cited 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.
VerDate Mar<15>2010
15:33 Jul 23, 2013
Jkt 229001
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
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44437
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
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24JYR1
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Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Rules and Regulations
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.
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
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.T09–0611 to read as
follows:
■
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15:33 Jul 23, 2013
Jkt 229001
2. In § 501.2, revise paragraph (g) to
read as follows:
■
§ 501.2 Postage Evidencing System
provider authorization.
39 CFR Part 501
Notice of Organization Name and
Address Change
§ 501.6 Suspension and revocation of
authorization.
Dated: July 16, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2013–17912 Filed 7–22–13; 4:15 pm]
BILLING CODE 9110–04–P
POSTAL SERVICE
The Postal Service is revising
the rules concerning authorization to
manufacture and distribute postage
evidencing systems to reflect that the
Office of Postage Technology
Management is now known as Payment
Technology and has a new mailing
address.
SUMMARY:
Effective date: July 24, 2013.
Marlo Kay Ivey, Business Programs
Specialist, Payment Technology, United
States Postal Service, at 202–268–7613.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® (USPS®)
has undergone a redesign. In that
process, the Office of Postage
Technology Management (PTM) was
renamed Payment Technology (PT) and
is now under the direction of the office
of the Vice President of Mail Entry and
Payment Technology, within the
purview of the Chief Information
Officer. In addition, since the relocation
of its physical office, Payment
Technology has a new mailing address.
List of Subjects in 39 CFR Part 501
Administrative practice and
procedure.
Accordingly, for the reasons stated in
the preamble, the Postal Service amends
39 CFR part 501 as follows:
PART 501—AUTHORIZATION TO
MANUFACTURE AND DISTRIBUTE
POSTAGE EVIDENCING SYSTEMS
1. The authority citation for 39 CFR
part 501 continues to read as follows:
■
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Postal ServiceTM.
ACTION: Final rule.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
(a) Location. All waters of Lake
Michigan within a 2 Nautical Mile
radius of an approximate position at
42°15′01″ N, 87°36′0″ W (NAD 83).
(b) Effective and enforcement period.
This rule is effective and will be
enforced from 12 p.m. until 11:59 p.m.
on July 25, 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
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 410, 2601, 2605, Inspector
General Act of 1978, as amended (Pub. L. 95–
452, as amended); 5 U.S.C. App. 3.
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(g) The Postal Service office
responsible for administration of this
part is the Office of Payment
Technology (PT) or successor
organization. All submissions to the
Postal Service required or invited by
this part are to be made to this office in
person or via mail to 475 L’Enfant Plaza
SW., Room 3500, Washington DC
20260–0004.
■ 3. In § 501.6, revise paragraphs (c)(1)–
(3) and (e) to read as follows:
DATES:
§ 165.T09–0611 Safety Zone; Joint
Operations Exercise, Lake Michigan,
Illinois.
VerDate Mar<15>2010
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.
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(c) * * *
(1) Upon determination by the Postal
Service that a provider is in violation of
provisions of this part, or that its Postal
Evidencing System poses an
unreasonable risk to postal revenue, PT,
acting on behalf of the Postal Service,
shall issue a written notice of proposed
suspension citing the specific
conditions or deficiencies for which
suspension of authorization to
manufacture and/or distribute a specific
Postage Evidencing System or class of
Postage Evidencing Systems may be
imposed. Except in cases of willful
violation, the provider shall be given an
opportunity to correct deficiencies and
achieve compliance with all
requirements within a time limit
corresponding to the potential risk to
postal revenue.
(2) In cases of willful violation, or if
the Postal Service determines that the
provider has failed to correct cited
deficiencies within the specified time
limit, PT shall issue a written notice of
suspension setting forth the facts and
reasons for the decision to suspend, and
the effective date if a written defense is
not presented as provided in paragraph
(d) of this section.
(3) The notice shall also advise the
provider of its right to file a response
under paragraph (d) of this section. If a
written response is not presented in a
timely manner the suspension may go
into effect. The suspension shall remain
in effect for ninety (90) calendar days
unless revoked or modified by PT.
*
*
*
*
*
(e) After receipt and consideration of
the defense, PT shall advise the
provider of its decision, and the facts
E:\FR\FM\24JYR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Rules and Regulations]
[Pages 44436-44438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17912]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0611]
RIN 1625-AA00
Safety Zone; Joint Operations Exercise, Lake Michigan, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Michigan near Lake Forest, IL. This safety zone is intended to
restrict vessels from a portion of Lake Michigan due to a joint
operations exercise involving the Department of Defense and the
Department of Homeland Security. This temporary safety zone is
necessary to protect the surrounding public and vessels from the
hazards associated with the exercise.
DATES: This rule is effective from 12 p.m. until 11:59 p.m. on July 25,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0611. 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
DOD Department of Defense
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. The final details for this
event were not known to the Coast Guard until there was insufficient
time remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be impracticable because it would inhibit the Coast Guard's ability to
protect persons and vessels from the hazards associated with a joint
DHS/DOD exercise, which are discussed further below.
Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary 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.
On July 25, 2013, personnel and vessels from the Coast Guard and
the Department of Defense will participate in a joint exercise
involving parachuting personnel over the waters of Lake Michigan,
approximately 9.5 nautical miles east of Lake Forest, IL. Coast Guard
and DOD vessels are expected to maneuver over a 2 nautical mile section
of Lake Michigan in an effort to recover and otherwise aid the
personnel in parachutes. The Captain of the Port, Lake Michigan, has
determined that parachuting personnel, and the military vessels
maneuvering to aid in their recovery, presents a significant risk to
public safety and property. Such hazards include collisions among
transiting civilian and military vessels, and collisions among
parachuting personnel and transiting watercraft.
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 persons and vessels during the
exercise. This zone will be effective and enforced from 12 p.m. until
11:59 p.m. on July 25, 2013. This zone will encompass all waters of
Lake Michigan within a 2 Nautical Mile radius of an approximate
position at 42[deg]15'01'' N, 87[deg]36'0'' W (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the
[[Page 44437]]
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.
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 in
an offshore location and enforced for only one 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 temporary rule on 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 near Lake Forest, IL
on July 25, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited 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
[[Page 44438]]
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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0611 to read as follows:
Sec. 165.T09-0611 Safety Zone; Joint Operations Exercise, Lake
Michigan, Illinois.
(a) Location. All waters of Lake Michigan within a 2 Nautical Mile
radius of an approximate position at 42[deg]15[min]01[sec] N,
87[deg]36[min]0[sec] W (NAD 83).
(b) Effective and enforcement period. This rule is effective and
will be enforced from 12 p.m. until 11:59 p.m. on July 25, 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: July 16, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-17912 Filed 7-22-13; 4:15 pm]
BILLING CODE 9110-04-P
