Safety Zone; Summer Fireworks Displays in the Captain of the Port Lake Michigan Zone, 37953-37956 [2014-15707]

Download as PDF Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Miesfeld’s Lakeshore Weekend fireworks safety zone listed as item (e)(49) in Table 165.929 of 33 CFR 165.929. Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. The Miesfeld’s Lakeshore Weekend fireworks display zone will encompass all waters of Lake Michigan and Sheboygan Harbor within an 800foot radius from the fireworks launch site located at the south pier in approximate position 43°44′55″ N, 087°41′58″ W (NAD 83). This zone will be enforced from 8:30 p.m. until 9:45 p.m. on July 25, 2014. All vessels must obtain permission from the Captain of the Port, Lake Michigan, or the on-scene representative to enter, move within, or exit the safety zone. Vessels and persons granted permission to enter the safety zone must obey all lawful orders or directions of the Captain of the Port, Lake Michigan, or a designated representative. Vessels that wish to transit through the safety zone may request permission from the Captain of the Port Lake Michigan. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. Approvals will be granted on a case by case basis. This document is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this event via Broadcast Notice to Mariners or Local Notice to Mariners that the regulation is in effect. The Captain of the Port, Lake Michigan, or his or her on-scene representative may be contacted via Channel 16, VHF–FM. Dated: June 18, 2014. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2014–15672 Filed 7–2–14; 8:45 am] ehiers on DSK2VPTVN1PROD with RULES BILLING CODE 9110–04–P VerDate Mar<15>2010 13:50 Jul 02, 2014 Jkt 232001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–1033] Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone— Manistee Independence Day Fireworks, Manistee, MI Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone on Lake Michigan in Manistee, MI. for the Manistee Independence Day fireworks. This zone will be enforced from 9 p.m. until 11 p.m. on July 4, 2014. This action is necessary and intended to ensure the safety of life on navigable waters during a fireworks display. DATES: The regulations in 33 CFR 165.929 will be enforced for safety zone (e)(7), Table 165.929, from 9 p.m. until 11 p.m. on July 4, 2014. FOR FURTHER INFORMATION CONTACT: If you have questions on this document, call or email MST1 Joseph McCollum, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747–7148, email joseph.p.mccollum@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Manistee Independence Day fireworks safety zone listed as item (e)(7) in Table 165.929 of 33 CFR 165.929. Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. The Manistee Independence Day fireworks zone will encompass all waters of Lake Michigan, in the vicinity of the First Street Beach, within the arc of a circle with a 1,000-foot radius from the fireworks launch site located in position 44°14′51″ N, 086°20′46″ W (NAD 83). This zone will be enforced from 9 p.m. until 11 p.m. on July 4, 2014. All vessels must obtain permission from the Captain of the Port, Lake Michigan, or the on-scene representative to enter, move within, or exit the safety zone. Vessels and persons granted permission to enter the safety zone must obey all lawful orders or directions of the Captain of the Port, Lake Michigan, or a designated representative. Vessels that wish to transit through the safety zone may request permission from the Captain of the Port Lake Michigan. Requests must be made in advance and SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 37953 approved by the Captain of the Port before transits will be authorized. Approvals will be granted on a case by case basis. This document is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this event via Broadcast Notice to Mariners or Local Notice to Mariners that the regulation is in effect. The Captain of the Port, Lake Michigan, or his or her on-scene representative may be contacted via Channel 16, VHF–FM. Dated: June 18, 2014. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2014–15706 Filed 7–2–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2014–0476] RIN 1625–AA00 Safety Zone; Summer Fireworks Displays in the Captain of the Port Lake Michigan Zone Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing three temporary safety zones on waterways in the Captain of the Port Lake Michigan Zone. These safety zones are intended to restrict vessels from a portion of the waterways due to fireworks displays. The temporary safety zones established by this rule are necessary to protect the surrounding public and vessels from the hazards associated with the fireworks displays. SUMMARY: This rule is effective from July 5, 2014, until 11 p.m. August 2, 2014. This rule will be enforced on July 5, 2014, and August 2, 2014, at times specified in § 165.T09–0476. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2014–0476. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click DATES: E:\FR\FM\03JYR1.SGM 03JYR1 37954 Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations ‘‘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 Cheryl Collins, Program Manager, Docket Operations, telephone 1–800– 647–5527. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking ehiers on DSK2VPTVN1PROD with RULES 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 with respect to this rule because doing so would be impracticable and contrary to the public interest. The final details for the three displays within this rule were not known to the Coast Guard until there was insufficient time remaining before the displays to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to protect vessels from the hazards associated with three fireworks displays, 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. VerDate Mar<15>2010 13:50 Jul 02, 2014 Jkt 232001 B. Basis and Purpose The legal basis for this rule is the Coast Guard’s authority to establish regulated navigation areas and limited access areas under 33 U.S.C. 1231, 33 CFR 1.05–1, and Department of Homeland Security Delegation No. 0170.1. On July 5, 2014, between 9:30 p.m. and 10:45 p.m. the Coast Guard anticipates that fireworks will be fired from a barge on Spring Lake in the vicinity of Jerusalem Bayou as part of a private party wedding ceremony near Spring Lake, Michigan. A second fireworks display is anticipated on July 5, 2014. Between 10 p.m. and 11:30 p.m. on that day, the Coast Guard anticipates that fireworks will be fired as part of the ‘‘Salute the Troops’’ Festival on Muskegon Lake in Muskegon, Michigan. Lastly, on August 2, 2014 between 9 p.m. and 11 p.m., the Coast Guard anticipates that a fireworks display will be fired from a barge on the waters of Sturgeon Bay as part of the ‘‘Venetian Night’’ event in Sturgeon Bay, Wisconsin. The Captain of the Port, Lake Michigan, has determined that these fireworks displays will pose a significant risk to public safety and property. Hazards presented by these displays include falling and/or flaming debris, and collisions among transiting or spectator vessels. C. Discussion of the Final Rule With the aforementioned hazards in mind, the Captain of the Port, Lake Michigan, has determined that 3 temporary safety zones are necessary to ensure the safety of persons and vessels during the aforementioned fireworks displays on and around Lake Michigan. As such, the following safety zones will be established for the listed events: 1. Private Party Fireworks; Spring Lake, MI The safety zone will encompass all waters of Spring Lake in Spring Lake, Michigan, in the vicinity of Jerusalem Bayou, within the arc of a circle with a 500-foot radius from the fireworks launch site located on a barge in approximate position 43°06′39″ N, 086°10′56″ W. (NAD 83). This zone will be enforced from 9:30 p.m. until 10:45 p.m. on July 5, 2014. 2. Salute the Troops Fireworks; Muskegon, MI The safety zone will encompass all waters of Muskegon Lake, in the vicinity of Lafarge Corporation, within the arc of a circle with a 1000-foot radius from a fireworks launch site in approximate position 43°14′00″ N, 086°15′50″ W. (NAD 83). This zone will be enforced PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 from 10 p.m. until 11:30 p.m. on July 5, 2014. 3. Venetian Night Fireworks; Sturgeon Bay, WI The safety zone will encompass all waters of Sturgeon Bay, in the vicinity of Sturgeon Bay Yacht Harbor, within the arc of a circle with a 800-foot radius from the fireworks launch site located on a barge in approximate position 44°49′41″ N, 087°22′20″ W. (NAD 83). This zone will be enforced from 9 p.m. until 11 p.m. on August 2, 2014. Entry into, transiting, or anchoring within these safety zones is prohibited unless authorized by the Captain of the Port, Lake Michigan, or her designated on-scene representative. The Captain of the Port or her designated on-scene representative may be contacted via VHF Channel 16. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. It is not ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zones created by this rule will be relatively small and enforced for only a short time on the indicated day. Under certain conditions, moreover, vessels may still transit through the safety zones 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 E:\FR\FM\03JYR1.SGM 03JYR1 Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations 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 the affected portion of the waters to which each safety zone applies during the time in which each safety zone is enforced. These safety zones 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 these zones, 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. ehiers on DSK2VPTVN1PROD with RULES 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 VerDate Mar<15>2010 13:50 Jul 02, 2014 Jkt 232001 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 37955 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 safety zones and therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping 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.T09–0476 to read as follows: ■ § 165.T09–0476 Safety Zone; Summer Fireworks Displays in the Captain of the Port Lake Michigan Zone. (a) Safety Zones. The following are designated as safety zones: (1) Private Party Fireworks; Spring Lake, MI. All waters of Spring Lake in Spring Lake, Michigan, in the vicinity of Jerusalem Bayou, within the arc of a E:\FR\FM\03JYR1.SGM 03JYR1 37956 Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations circle with a 500-foot radius from the fireworks launch site located on a barge in approximate position 43°06′39″ N, 086°10′56″ W. (NAD 83); 9:30 p.m. until 10:45 p.m. on July 5, 2014. (2) Salute the Troops Fireworks; Muskegon, MI. All waters of Muskegon Lake, in the vicinity of Lafarge Corporation, within the arc of a circle with a 1000-foot radius from a fireworks launch site located in approximate position 43°14′00″ N, 086°15′50″ W. (NAD 83); 10 p.m. until 11:30 p.m. on July 5, 2014. (3) Venetian Night Fireworks; Sturgeon Bay, WI. All waters of Sturgeon Bay, in the vicinity of Sturgeon Bay Yacht Harbor, within the arc of a circle with a 800-foot radius from the fireworks launch site located on a barge in approximate position 44°49′41″ N, 087°22′20″ W. (NAD 83); 9 p.m. until 11 p.m. on August 2, 2014. (b) Effective and enforcement period. This section is effective from July 5, 2014 until 11 p.m. on August 2, 2014. This section will be enforced at the times specified in paragraph (a) of this section. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within these safety zones is prohibited unless authorized by the Captain of the Port, Lake Michigan or his or her designated on-scene representative. (2) These safety zones are closed to all vessel traffic, except as may be permitted by the Captain of the Port, Lake Michigan or his or her 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 or her behalf. (4) Vessel operators desiring to enter or operate within the safety zones must contact the Captain of the Port, Lake Michigan, or his or her on-scene representative to obtain permission to do so. The Captain of the Port, Lake Michigan, or his or her on-scene representative may be contacted via VHF Channel 16. ehiers on DSK2VPTVN1PROD with RULES Dated: June 18, 2014. A.B. Cocanaour, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2014–15707 Filed 7–2–14; 8:45 am] BILLING CODE 9110–04–P VerDate Mar<15>2010 13:50 Jul 02, 2014 Jkt 232001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2014–0269; FRL–9910–99– Region 9] Revisions to the California State Implementation Plan, Placer County Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Placer County portion of the California State Implementation Plan (SIP). This revision concerns the necessary procedures to create emission reduction credits from the reduction of volatile organic compound (VOC), oxides of nitrogen (NOX), oxides of sulfur (SOX), particulate matter (PM), and carbon monoxide (CO) emissions due to the permanent curtailment of burning rice straw. We are approving a local rule that provides administrative procedures for creating emissions reduction credits, consistent with Clean Air Act (CAA or the Act) requirements. DATES: This rule is effective on September 2, 2014 without further notice, unless EPA receives adverse comments by August 4, 2014. 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–2014–0269, 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 SUMMARY: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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 94105–3901. 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: Nancy Levin, EPA Region IX, (415) 942– 3848, levin.nancy@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. EPA’s Evaluation and Action A. How is EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What rule did the State submit? Table 1 lists the rule we are approving with the dates that it was adopted by the Placer County Air Pollution Control District (PCAPCD) and submitted by the California Air Resources Board (CARB). E:\FR\FM\03JYR1.SGM 03JYR1

Agencies

[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Rules and Regulations]
[Pages 37953-37956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15707]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0476]
RIN 1625-AA00


Safety Zone; Summer Fireworks Displays in the Captain of the Port 
Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing three temporary safety zones 
on waterways in the Captain of the Port Lake Michigan Zone. These 
safety zones are intended to restrict vessels from a portion of the 
waterways due to fireworks displays. The temporary safety zones 
established by this rule are necessary to protect the surrounding 
public and vessels from the hazards associated with the fireworks 
displays.

DATES: This rule is effective from July 5, 2014, until 11 p.m. August 
2, 2014. This rule will be enforced on July 5, 2014, and August 2, 
2014, at times specified in Sec.  165.T09-0476.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0476. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click

[[Page 37954]]

``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 Cheryl Collins, Program 
Manager, Docket Operations, telephone 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

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 with 
respect to this rule because doing so would be impracticable and 
contrary to the public interest. The final details for the three 
displays within this rule were not known to the Coast Guard until there 
was insufficient time remaining before the displays to publish an NPRM. 
Thus, delaying the effective date of this rule to wait for a comment 
period to run would be both impracticable and contrary to the public 
interest because it would inhibit the Coast Guard's ability to protect 
vessels from the hazards associated with three fireworks displays, 
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 this rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas under 33 
U.S.C. 1231, 33 CFR 1.05-1, and Department of Homeland Security 
Delegation No. 0170.1.
    On July 5, 2014, between 9:30 p.m. and 10:45 p.m. the Coast Guard 
anticipates that fireworks will be fired from a barge on Spring Lake in 
the vicinity of Jerusalem Bayou as part of a private party wedding 
ceremony near Spring Lake, Michigan. A second fireworks display is 
anticipated on July 5, 2014. Between 10 p.m. and 11:30 p.m. on that 
day, the Coast Guard anticipates that fireworks will be fired as part 
of the ``Salute the Troops'' Festival on Muskegon Lake in Muskegon, 
Michigan. Lastly, on August 2, 2014 between 9 p.m. and 11 p.m., the 
Coast Guard anticipates that a fireworks display will be fired from a 
barge on the waters of Sturgeon Bay as part of the ``Venetian Night'' 
event in Sturgeon Bay, Wisconsin. The Captain of the Port, Lake 
Michigan, has determined that these fireworks displays will pose a 
significant risk to public safety and property. Hazards presented by 
these displays include falling and/or flaming debris, and collisions 
among transiting or spectator vessels.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port, 
Lake Michigan, has determined that 3 temporary safety zones are 
necessary to ensure the safety of persons and vessels during the 
aforementioned fireworks displays on and around Lake Michigan. As such, 
the following safety zones will be established for the listed events:

1. Private Party Fireworks; Spring Lake, MI

    The safety zone will encompass all waters of Spring Lake in Spring 
Lake, Michigan, in the vicinity of Jerusalem Bayou, within the arc of a 
circle with a 500-foot radius from the fireworks launch site located on 
a barge in approximate position 43[deg]06'39'' N, 086[deg]10'56'' W. 
(NAD 83). This zone will be enforced from 9:30 p.m. until 10:45 p.m. on 
July 5, 2014.

2. Salute the Troops Fireworks; Muskegon, MI

    The safety zone will encompass all waters of Muskegon Lake, in the 
vicinity of Lafarge Corporation, within the arc of a circle with a 
1000-foot radius from a fireworks launch site in approximate position 
43[deg]14'00'' N, 086[deg]15'50'' W. (NAD 83). This zone will be 
enforced from 10 p.m. until 11:30 p.m. on July 5, 2014.

 3. Venetian Night Fireworks; Sturgeon Bay, WI

    The safety zone will encompass all waters of Sturgeon Bay, in the 
vicinity of Sturgeon Bay Yacht Harbor, within the arc of a circle with 
a 800-foot radius from the fireworks launch site located on a barge in 
approximate position 44[deg]49'41'' N, 087[deg]22'20'' W. (NAD 83). 
This zone will be enforced from 9 p.m. until 11 p.m. on August 2, 2014.
    Entry into, transiting, or anchoring within these safety zones is 
prohibited unless authorized by the Captain of the Port, Lake Michigan, 
or her designated on-scene representative. The Captain of the Port or 
her designated on-scene representative may be contacted via VHF Channel 
16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this rule is 
not a significant regulatory action because we anticipate that it will 
have minimal impact on the economy, will not interfere with other 
agencies, will not adversely alter the budget of any grant or loan 
recipients, and will not raise any novel legal or policy issues. The 
safety zones created by this rule will be relatively small and enforced 
for only a short time on the indicated day. Under certain conditions, 
moreover, vessels may still transit through the safety zones 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

[[Page 37955]]

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 the affected portion of the waters to which 
each safety zone applies during the time in which each safety zone is 
enforced.
    These safety zones 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 these zones, we would issue local Broadcast Notice to 
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of safety zones and 
therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping 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.T09-0476 to read as follows:


Sec.  165.T09-0476  Safety Zone; Summer Fireworks Displays in the 
Captain of the Port Lake Michigan Zone.

    (a) Safety Zones. The following are designated as safety zones:
    (1) Private Party Fireworks; Spring Lake, MI. All waters of Spring 
Lake in Spring Lake, Michigan, in the vicinity of Jerusalem Bayou, 
within the arc of a

[[Page 37956]]

circle with a 500-foot radius from the fireworks launch site located on 
a barge in approximate position 43[deg]06'39'' N, 086[deg]10'56'' W. 
(NAD 83); 9:30 p.m. until 10:45 p.m. on July 5, 2014.
    (2) Salute the Troops Fireworks; Muskegon, MI. All waters of 
Muskegon Lake, in the vicinity of Lafarge Corporation, within the arc 
of a circle with a 1000-foot radius from a fireworks launch site 
located in approximate position 43[deg]14'00'' N, 086[deg]15'50'' W. 
(NAD 83); 10 p.m. until 11:30 p.m. on July 5, 2014.
    (3) Venetian Night Fireworks; Sturgeon Bay, WI. All waters of 
Sturgeon Bay, in the vicinity of Sturgeon Bay Yacht Harbor, within the 
arc of a circle with a 800-foot radius from the fireworks launch site 
located on a barge in approximate position 44[deg]49'41'' N, 
087[deg]22'20'' W. (NAD 83); 9 p.m. until 11 p.m. on August 2, 2014.
    (b) Effective and enforcement period. This section is effective 
from July 5, 2014 until 11 p.m. on August 2, 2014. This section will be 
enforced at the times specified in paragraph (a) of this section.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within these safety 
zones is prohibited unless authorized by the Captain of the Port, Lake 
Michigan or his or her designated on-scene representative.
    (2) These safety zones are closed to all vessel traffic, except as 
may be permitted by the Captain of the Port, Lake Michigan or his or 
her 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 or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zones must contact the Captain of the Port, Lake Michigan, or his or 
her on-scene representative to obtain permission to do so. The Captain 
of the Port, Lake Michigan, or his or her on-scene representative may 
be contacted via VHF Channel 16.

    Dated: June 18, 2014.
A.B. Cocanaour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-15707 Filed 7-2-14; 8:45 am]
BILLING CODE 9110-04-P