Safety Zone; Battle of Lake Erie Fireworks, Lake Erie, Put-In-Bay, OH, 53677-53680 [2013-21177]
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Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations
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.
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.
ehiers on DSK2VPTVN1PROD with RULES
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
Jkt 229001
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 temporary safety
zone that is less than one week in
duration. Therefore, it is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. Nonetheless,
we have prepared an environmnental
analysis checklist supporting this
determination and Categorical
Exclusion Determination which are both
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Dated: August 15, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
■
11. Indian Tribal Governments
14:23 Aug 29, 2013
13. Technical Standards
near position 41°45′24″ N, 082°57′45″
W. All coordinates are North American
Datum 1983 (NAD83).
(b) Effective and enforcement period.
This section will be effective and
enforced from 8 a.m. through 6 p.m. on
September 2, 2013.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within these safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Detroit or his
designated on-scene representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Sector Detroit or his designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Detroit is
any Coast Guard commissioned, warrant
or petty officer or a Federal, State, or
local law enforcement officer designated
by or assisting the Captain of the Port,
Sector Detroit to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Detroit or his on-scene representative to
obtain permission to do so. The Captain
of the Port, Sector Detroit or his onscene representative may be contacted
via VHF Channel 16 or at 313–568–
9464. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the Captain of the Port, Sector
Detroit, or his on-scene representative.
1. The authority citation for part 165
continues to read as follows:
10. Protection of Children
VerDate Mar<15>2010
That Significantly Affect Energy Supply,
Distribution, or Use.
53677
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.
2. Add § 165.T09–0546 to read as
follows:
■
§ 165.T09–0546 Safety Zone; Lake Erie
Heritage Foundation, Battle of Lake Erie
Reenactment; Lake Erie, Put-in-Bay, OH.
(a) Location. The following area is a
temporary safety zone: All U.S.
navigable waters of Lake Erie within a
500-yard radius of each Battle of Lake
Erie Reenactment support vessel located
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[FR Doc. 2013–21176 Filed 8–29–13; 8:45 am]
BILLING CODE 9110–04–P
33 CFR Part 165
[Docket No. USCG–2013–0697]
RIN 1625–AA00
Safety Zone; Battle of Lake Erie
Fireworks, Lake Erie, Put-In-Bay, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zone in
the waters of Lake Erie, Put-In-Bay,
Ohio. This zone is intended to restrict
vessels from a portion of Lake Erie
during the Battle of Lake Erie Fireworks.
SUMMARY:
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Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations
This temporary safety zone is necessary
to protect people and vessels from the
hazards associated with this event.
DATES: This rule will be effective and
enforced from 9:25 p.m. until 10:05 p.m.
on September 1, 2013.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2013–
0697 and are available online by going
to www.regulations.gov, inserting
USCG–2013–0697 in the ‘‘Keyword’’
box, and then clicking ‘‘search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington DC 20590,
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
final rule, contact or email MST1 Ian M.
Fallon, U.S. Coast Guard Marine Safety
Unit Toledo, at (419) 418–6036 or
Ian.M.Fallon@uscg.mil. If you have
questions on viewing the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The details of this
emergent event were not received in
sufficient time for the Coast Guard to
solicit public comments before the start
of the fireworks. Thus, waiting for a
notice and comment period to run
would inhibit the Coast Guard from
protecting the public and vessels from
the hazards associated with the
maritime fireworks displays.
Under 5 U.S.C. 553(d)(3), The Coast
Guard finds that good cause exists for
VerDate Mar<15>2010
14:23 Aug 29, 2013
Jkt 229001
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
To commemorate the War of 1812, a
series of events will be held along the
Great Lakes during the summer of 2013.
One such event will be the reenactment
of the Battle of Lake Erie. This
reenactment will take place on
September 2, 2013 and will be preceded
by the launching of fireworks in the
vicinity of Put-In-Bay, OH on September
1, 2013. The Captain of the Port Detroit
has determined that maritime fireworks
displays pose serious hazards to the
boating public, such as obstructions to
the waterway, explosive dangers, and
debris falling into the water. Thus,
pursuant to 33 U.S.C. 1226, the Captain
of the Port Detroit has determined that
a safety zone around the location of the
launch platform is necessary to control
vessel movement and ensure the safety
of persons and property on the water in
the vicinity of Put-In-Bay, OH.
C. Discussion of Rule
Because of the aforementioned safety
concerns, the Captain of the Port Detroit
has determined a temporary safety zone
is necessary to ensure the safety of
spectators and vessels during the setup,
loading, and launching of the Battle of
Lake Erie Fireworks. The Battle of Lake
Erie Fireworks safety zone will
encompass those U.S. navigable waters
of Lake Erie within a 1000-ft radius of
the fireworks primary launch site
located at position 41°39′28.92″ N,
082°48′52.98″ W (NAD 83).
Entry into, transiting, or anchoring
within this safety zone is prohibited
unless authorized by the Captain of the
Port Detroit or his designated on-scene
representative. The Captain of the Port
or his on-scene representative may be
contacted via VHF Channel 16. All
persons and vessels shall comply with
the instructions of the Coast Guard
Captain of the Port or the on-scene
representative.
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
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Frm 00054
Fmt 4700
Sfmt 4700
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 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
relatively small and enforced for
relatively short time on each day of the
fireworks event. Also, the safety zone is
designed to minimize their impact on
navigable waters. Furthermore,
restrictions on vessel movement within
the area of the safety zone expected to
be minimal. Under certain conditions,
vessels may still transit through the
safety zone when permitted by the
Captain of the Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this 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
designated portions of Lake Erie from
9:25 p.m. through 10:05 p.m. on
September 1, 2013.
The safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: the safety zone
will be activated, and thus subject to
enforcement, for only a short period of
time on September 1, 2013. Traffic may
be allowed to pass through the zone
with the permission of the Captain of
the Port. The Captain of the Port can be
reached via VHF channel 16. Before the
activation of the zone, the Coast Guard
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Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations
will issue a Broadcast Notice to
Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
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).
ehiers on DSK2VPTVN1PROD with RULES
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
14:23 Aug 29, 2013
Jkt 229001
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
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.
VerDate Mar<15>2010
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.
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
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
53679
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 temporary safety
zone that is less than one week in
duration. Therefore, it is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. Nonetheless,
we have prepared an environmental
analysis checklist supporting this
determination and Categorical
Exclusion Determination which are both
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR 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.
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.
2. Add § 165.T09–0697 to read as
follows:
■
§ 165.T09–0697 Safety zone; Battle of Lake
Erie Fireworks, Put-In-Bay, OH.
(a) Location. The following area is a
safety zone: all waters of Lake Erie
within a 1000-foot radius of the
fireworks launch site located at position
41°39′28.92″ N, 082°48′52.98″ W (NAD
83). There will be a barge at the center
of the safety zone that will be utilized
as the fireworks launching platform.
(b) Effective and enforcement period.
The section will be effective and
enforced from 9:25 p.m. until 10:05 p.m.
on September 1, 2013.
(c) Regulations. (1) Under the general
regulations in § 165.23, entry into,
transiting, or anchoring within these
safety zone is prohibited unless
authorized by the Captain of the Port,
Sector Detroit or his designated onscene representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
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Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations
Sector Detroit or his designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Detroit is
any Coast Guard commissioned, warrant
or petty officer or a Federal, State, or
local law enforcement officer designated
by or assisting the Captain of the Port,
Sector Detroit to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Detroit or his on-scene representative to
obtain permission to do so. The Captain
of the Port, Sector Detroit or his onscene representative may be contacted
via VHF Channel 16 or at 313–568–
9464. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the Captain of the Port, Sector
Detroit, or his on-scene representative.
Dated: August 15, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2013–21177 Filed 8–29–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2013–0453; FRL–9835–4]
Revisions to the California State
Implementation Plan, Placer, Santa
Barbara and Ventura County Air
Pollution Control Districts
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the Placer
County Air Pollution Control District
(PCAPCD), Santa Barbara County Air
Pollution Control District (SBCAPCD)
and Ventura County Air Pollution
SUMMARY:
Control District (VCAPCD) portions of
the California State Implementation
Plan (SIP). These revisions concern
volatile organic compound (VOC)
emissions from adhesives and sealants.
We are approving local rules that
regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: This rule is effective on October
29, 2013 without further notice, unless
EPA receives adverse comments by
September 30, 2013. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2013–0453, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: 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), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Adrianne Borgia, EPA Region IX, (415)
972–3576, borgia.adrianne@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA Recommendations To Further
Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules we are
approving with the dates that they were
adopted by the local air agencies and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
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PCAPCD .........................................
SBCAPCD ......................................
VCAPCD .........................................
235
353
74.20
B. Are there other versions of these
rules?
We approved an earlier version of
PCAPCD Rule 235 into the SIP on July
18, 1996 (61 FR 37390). A previous
version of SBCAPCD 353 was approved
into the SIP on April 5, 2000 (65 FR
VerDate Mar<15>2010
14:23 Aug 29, 2013
Jkt 229001
Rule title
Amended/revised
Adhesives .......................................
Adhesives and Sealants ................
Adhesives and Sealants ................
Amended 10/11/12 .........................
Revised 06/21/12 ...........................
Revised 09/11/12 ...........................
17771). The most recent version of
VCAPCD Rule 74.20 was approved into
the SIP on 11/24/2008 (70 FR 70883,
November 23, 2005).
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Submitted
02/06/13
09/21/12
04/22/13
C. What is the purpose of the submitted
rules?
VOCs help produce ground-level
ozone and smog, which harm human
health and the environment. Section
110(a) of the CAA requires States to
submit regulations that control VOC
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]]>Agencies
[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53677-53680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21177]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0697]
RIN 1625-AA00
Safety Zone; Battle of Lake Erie Fireworks, Lake Erie, Put-In-
Bay, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zone in the
waters of Lake Erie, Put-In-Bay, Ohio. This zone is intended to
restrict vessels from a portion of Lake Erie during the Battle of Lake
Erie Fireworks.
[[Page 53678]]
This temporary safety zone is necessary to protect people and vessels
from the hazards associated with this event.
DATES: This rule will be effective and enforced from 9:25 p.m. until
10:05 p.m. on September 1, 2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0697 and are available online
by going to www.regulations.gov, inserting USCG-2013-0697 in the
``Keyword'' box, and then clicking ``search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington DC 20590, 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 final rule, contact or email MST1 Ian M. Fallon, U.S. Coast
Guard Marine Safety Unit Toledo, at (419) 418-6036 or
Ian.M.Fallon@uscg.mil. If you have questions on viewing the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The details of this emergent event
were not received in sufficient time for the Coast Guard to solicit
public comments before the start of the fireworks. Thus, waiting for a
notice and comment period to run would inhibit the Coast Guard from
protecting the public and vessels from the hazards associated with the
maritime fireworks displays.
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
To commemorate the War of 1812, a series of events will be held
along the Great Lakes during the summer of 2013. One such event will be
the reenactment of the Battle of Lake Erie. This reenactment will take
place on September 2, 2013 and will be preceded by the launching of
fireworks in the vicinity of Put-In-Bay, OH on September 1, 2013. The
Captain of the Port Detroit has determined that maritime fireworks
displays pose serious hazards to the boating public, such as
obstructions to the waterway, explosive dangers, and debris falling
into the water. Thus, pursuant to 33 U.S.C. 1226, the Captain of the
Port Detroit has determined that a safety zone around the location of
the launch platform is necessary to control vessel movement and ensure
the safety of persons and property on the water in the vicinity of Put-
In-Bay, OH.
C. Discussion of Rule
Because of the aforementioned safety concerns, the Captain of the
Port Detroit has determined a temporary safety zone is necessary to
ensure the safety of spectators and vessels during the setup, loading,
and launching of the Battle of Lake Erie Fireworks. The Battle of Lake
Erie Fireworks safety zone will encompass those U.S. navigable waters
of Lake Erie within a 1000-ft radius of the fireworks primary launch
site located at position 41[deg]39'28.92'' N, 082[deg]48'52.98'' W (NAD
83).
Entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated on-scene representative. The Captain of the Port or his on-
scene representative may be contacted via VHF Channel 16. All persons
and vessels shall comply with the instructions of the Coast Guard
Captain of the Port or the on-scene representative.
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 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 relatively small and enforced for relatively short
time on each day of the fireworks event. Also, the safety zone is
designed to minimize their impact on navigable waters. Furthermore,
restrictions on vessel movement within the area of the safety zone
expected to be minimal. Under certain conditions, vessels may still
transit through the safety zone when permitted by the Captain of the
Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 designated portions of Lake Erie from 9:25 p.m.
through 10:05 p.m. on September 1, 2013.
The safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: the
safety zone will be activated, and thus subject to enforcement, for
only a short period of time on September 1, 2013. Traffic may be
allowed to pass through the zone with the permission of the Captain of
the Port. The Captain of the Port can be reached via VHF channel 16.
Before the activation of the zone, the Coast Guard
[[Page 53679]]
will issue a Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you 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 temporary safety
zone that is less than one week in duration. Therefore, it is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. Nonetheless, we have prepared
an environmental analysis checklist supporting this determination and
Categorical Exclusion Determination which are both available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 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.T09-0697 to read as follows:
Sec. 165.T09-0697 Safety zone; Battle of Lake Erie Fireworks, Put-In-
Bay, OH.
(a) Location. The following area is a safety zone: all waters of
Lake Erie within a 1000-foot radius of the fireworks launch site
located at position 41[deg]39'28.92'' N, 082[deg]48'52.98'' W (NAD 83).
There will be a barge at the center of the safety zone that will be
utilized as the fireworks launching platform.
(b) Effective and enforcement period. The section will be effective
and enforced from 9:25 p.m. until 10:05 p.m. on September 1, 2013.
(c) Regulations. (1) Under the general regulations in Sec. 165.23,
entry into, transiting, or anchoring within these safety zone is
prohibited unless authorized by the Captain of the Port, Sector Detroit
or his designated on-scene representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port,
[[Page 53680]]
Sector Detroit or his designated on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Detroit is any Coast Guard commissioned, warrant or petty
officer or a Federal, State, or local law enforcement officer
designated by or assisting the Captain of the Port, Sector Detroit to
act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Detroit or his on-
scene representative to obtain permission to do so. The Captain of the
Port, Sector Detroit or his on-scene representative may be contacted
via VHF Channel 16 or at 313-568-9464. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port, Sector Detroit, or
his on-scene representative.
Dated: August 15, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-21177 Filed 8-29-13; 8:45 am]
BILLING CODE 9110-04-P
