Safety Zone; Summer Fireworks Displays in the Captain of the Port Lake Michigan Zone, 37953-37956 [2014-15707]
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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]
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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:
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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]
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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 https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
DATES:
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‘‘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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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Dated: June 18, 2014.
A.B. Cocanaour,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
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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:
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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).
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]]>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]
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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.
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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 https://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
