Safety Zone; City of Menominee Fireworks; Green Bay, Menominee, MI, 40644-40647 [2014-16327]

Download as PDF 40644 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Rules and Regulations For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: Dated: June 30, 2014. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS [FR Doc. 2014–16350 Filed 7–11–14; 8:45 am] 1. The authority citation for part 165 continues to read as follows: BILLING CODE 9110–04–P ■ Authority: 33 U.S.C. 1231; 46 U.S.C. 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. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–1033] 2. Add § 165.T09–0536 to read as follows: ■ Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Start of the Chicago to Mackinac Race mstockstill on DSK4VPTVN1PROD with RULES § 165.T09–0536 Safety Zone; Water Ski Show, Fox River, Green Bay, WI. (a) Location. All waters of the Fox River in Green Bay, WI from the Main Street Bridge in position 44°31′5.7″ N 88°0′54.7″ W to the West Walnut Street Bridge in position 44°30′54.3″ N 088°1′ 5.3″ W (NAD 83). (b) Effective and enforcement periods. This section is effective from July 9, 2014, until 7:30 p.m. August 27, 2014. This rule will be enforced from 6 p.m. until 6:30 p.m., and again from 7 p.m. until 7:30 p.m. on each day of July 9, 16, 23, 30, and August 6, 13, 20, and 27, 2014. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port, Lake Michigan or her designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port, Lake Michigan or her designated onscene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port, Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, Lake Michigan to act on her behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port, Lake Michigan or her on-scene representative to obtain permission to do so. The Captain of the Port, Lake Michigan or her on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Lake Michigan or her on-scene representative. VerDate Mar<15>2010 15:56 Jul 11, 2014 Jkt 232001 Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone on Lake Michigan near Chicago, IL for the start of the Chicago to Mackinac Race. This zone will be enforced on July 18, 2014, from 1:30 p.m. until 4 p.m., and on July 19, 2014, from 10 a.m. until 4:30 p.m. This action is necessary and intended to ensure safety of life on navigable waters during the start of the Chicago to Mackinac Race. During the aforementioned periods, the Coast Guard will enforce restrictions upon, and control movement of, vessels in the safety zone. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port, Lake Michigan. DATES: The regulations in 33 CFR 165.929 will be enforced for safety zone (e)(45) in § 165.929, Table 165.929, on July 18, 2014, from 1:30 p.m. until 4 p.m., and on July 19, 2014, from 10 a.m. until 4:30 p.m. 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 Start of Chicago to Mackinac Race safety zone listed as item (e)(45) 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. This zone will encompass all waters of Lake Michigan in the vicinity of the Navy Pier at Chicago IL, within a rectangle that is approximately 1500 by 900 yards. The rectangle is bounded SUMMARY: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 by the coordinates beginning at 41°53′15.1″ N, 087°35′25.8″ W; then south to 41°52′48.7″ N, 087°35′25.8″ W; then east to 41°52′49.0″ N, 087°34′26.0″ W; then north to 41°53′15″ N, 087°34′26″ W; then west, back to point of origin (NAD 83). This zone will be enforced on July 18, 2014 from 1:30 p.m. until 4 p.m., and on July 19, 2014, from 10 a.m. until 4:30 p.m. All vessels must obtain permission from the Captain of the Port Lake Michigan or the on-scene representative to enter, move within, or exit a 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 her on-scene representative may be contacted via Channel 16, VHF–FM. Dated: June 30, 2014. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2014–16333 Filed 7–11–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2014–0539] RIN 1625–AA00 Safety Zone; City of Menominee Fireworks; Green Bay, Menominee, MI Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the waters of Green Bay near in SUMMARY: E:\FR\FM\14JYR1.SGM 14JYR1 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Rules and Regulations Menominee, Michigan. This safety zone is intended to restrict vessels from a portion of Green Bay due to two fireworks displays. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the fireworks displays. DATES: This rule is effective without actual notice from July 14, 2014 until 10:30 p.m. August 9, 2014. This rule will be enforced with actual notice from 9 p.m. on July 4, 2014 until July 14, 2014. This rule will only be enforced on July 4 and August 9, 2014, at the times specified in this rule. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2014–0539. 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 ‘‘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 mstockstill on DSK4VPTVN1PROD with RULES DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule A. Regulatory History and Information On March 4, 2014, the Coast Guard published a Final Rule in the Federal Register which listed safety zones corresponding to annual marine events in the Sector Lake Michigan zone (79 FR 12064). That final rule included a safety zone for two fireworks displays in Menominee Michigan (City of Menominee 4th of July and Waterfront Festival Fireworks). However, the Coast Guard was informed that the fireworks display locations this year will differ from what is currently published. Thus, the Coast Guard is issuing this temporary final rule to ensure that a safety zone is established around the VerDate Mar<15>2010 15:56 Jul 11, 2014 Jkt 232001 launch position of the two fireworks displays in Menominee Michigan. 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 this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to protect vessels and persons from the hazards associated with two 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 safety zones: 33 U.S.C. 1231; 33 CFR 1.05–1, 160.5; Department of Homeland Security Delegation No. 0170.1. On July 4, 2014, the City of Menominee will host its annual Fourth of July Celebration Fireworks. Additionally, on August 9, 2014, the City of Menominee will host its annual Waterfront Festival fireworks. These fireworks displays will be launched from the vicinity of the eastern breakwater of Menominee Marina. The Coast Guard anticipates that a large number of spectators will gather for these fireworks displays. The Captain of the Port, Lake Michigan, has determined that these fireworks displays will pose a significant risk to public safety and property. Such hazards include falling and/or flaming debris, and collisions among spectator vessels. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 40645 C. Discussion of the Final Rule With the aforementioned hazards in mind, the Captain of the Port, Lake Michigan has determined that this temporary safety zone is necessary to ensure the safety of persons and vessels during the fireworks displays in the vicinity of Menominee Marina. This zone is effective from July 4, 2014 until August 9, 2014. This zone will be enforced from 9 p.m. until 10:30 p.m. on July 4, 2014 and from 9 p.m. until 10:30 p.m. on August 9, 2014. The safety zone will encompass all waters of Green Bay, in the vicinity of Menominee Marina, within a 1000-foot radius of a position at 45°6′26.3″ N and 087°35′59.2″ W (NAD 83). Entry into, transiting, or anchoring within the safety zone 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 zone created by this rule will be relatively small and enforced for a relatively short duration on two days. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. E:\FR\FM\14JYR1.SGM 14JYR1 40646 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Rules and Regulations 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this temporary rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit or anchor in the affected portion of Green Bay on July 4 and August 9, 2014. This safety zone will not have a significant economic impact on a substantial number of small entities for the reasons cited in the Regulatory Planning and Review section. Additionally, before the enforcement of this zone, we would issue local Broadcast Notice to Mariners so vessel owners and operators can plan accordingly. mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:56 Jul 11, 2014 Jkt 232001 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone and therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. 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 parts 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.T09–0539 to read as follows: ■ E:\FR\FM\14JYR1.SGM 14JYR1 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Rules and Regulations § 165.T09–0539 Safety Zone; City of Menominee Fireworks; Green Bay, Menominee, MI. The Assistant Deputy Secretary for Innovation and Improvement announces final priorities, requirements, and definitions under the CSP Grants for National Leadership Activities. The Assistant Deputy Secretary may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2015 and later years. DATES: Effective Date: These final priorities, requirements, and definitions are effective August 13, 2014. FOR FURTHER INFORMATION CONTACT: Brian Martin, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W224, Washington, DC 20202– 5970. Telephone: (202) 205–9085. Or by email: brian.martin@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUMMARY: (a) Location. All waters of Green Bay, in the vicinity of Menominee Marina within a 1000-foot radius of a position at 45°6′26.3″ N and 087°35′59.2″ W (NAD 83). (b) Effective and enforcement periods. This rule is effective from July 4, 2014 until August 9, 2014. This rule will be enforced with actual notice from 9 p.m. until 10:30 p.m. on July 4, 2014, and from 9 p.m. until 10:30 p.m. on August 9, 2014. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port, Lake Michigan or her designated onscene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port, Lake Michigan or her designated onscene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port, Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, Lake Michigan to act on her behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port, Lake Michigan or her on-scene representative to obtain permission to do so. The Captain of the Port, Lake Michigan or her on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port, Lake Michigan or her on-scene representative. SUPPLEMENTARY INFORMATION: Purpose of Program 34 CFR Chapter II The purpose of the CSP is to increase national understanding of the charter school model by— (1) Providing financial assistance for the planning, program design, and initial implementation of charter schools; (2) Evaluating the effects of charter schools, including the effects on students, student academic achievement, staff, and parents; (3) Expanding the number of highquality charter schools (as defined in the notice) available to students across the Nation; and (4) Encouraging the States to provide support to charter schools for facilities financing in an amount that is more commensurate with the amount the States have typically provided for nonchartered public schools. The purpose of the CSP Grants for National Leadership Activities (CFDA 84.282N) is to support efforts by eligible entities to improve the quality of charter schools by providing technical assistance and other types of support on issues of national significance and scope. [CFDA Number: 84.282N] Program Authority Dated: June 30, 2014. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2014–16327 Filed 7–11–14; 8:45 am] BILLING CODE 9110–04–P mstockstill on DSK4VPTVN1PROD with RULES DEPARTMENT OF EDUCATION Final Priorities, Requirements, and Definitions—Charter Schools Program (CSP) Grants for National Leadership Activities Office of Innovation and Improvement, Department of Education. ACTION: Final priorities, requirements, and definitions. AGENCY: VerDate Mar<15>2010 15:56 Jul 11, 2014 Jkt 232001 The CSP is authorized under 20 U.S.C. 7221–7221i; CSP Grants for National Leadership Activities are authorized under 20 U.S.C. 7221d. The U.S. Department of Education (Department) published a notice of proposed priorities, requirements, and definitions (NPP) for the CSP Grants for National Leadership Activities in the Federal Register on December 3, 2013 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 40647 (78 FR 72600). The NPP contained background information and our reasons for proposing the particular priorities, requirements, and definitions. The Analysis of Comments and Changes section in this notice describes the differences between the priorities, requirements, and definitions we proposed in the NPP and these final priorities, requirements, and definitions. The two most significant changes are as follows: We revised the language in Priority 2—Improving Accountability to clarify how applicants can describe how their projects will improve authorized public chartering agencies’ capacity to approve new charter schools. We made this change because the proposed priority referred to authorized public chartering agencies’ capacity to approve only highquality charter schools, which, as defined in this notice, requires that the school show evidence of strong academic results for the past three years (or over the life of the school, if the school has been open for fewer than three years). While authorized public chartering agencies, or authorizers, should approve only high-quality charter petitions, it is not feasible for authorizers to approve only high-quality charter schools as defined in this notice, as the definition would not allow an authorizer to approve a new charter school with no academic achievement data. We revised Priority 3—Students with Disabilities and Priority 4—English Learners to allow applicants to address the priorities by promoting collaborative activities between charter schools, nonchartered public schools, and as applicable, key special education stakeholders or key English learner stakeholders, which are designed to improve academic achievement and attainment outcomes for these student subgroups. Public Comment: In response to our invitation in the NPP, 38 parties submitted comments on the proposed priorities, requirements, and definitions. Generally, we do not address technical and other minor changes. In addition, we do not address comments that raise concerns not directly related to the proposed priorities, requirements, or definitions. Analysis of Comments and Changes: An analysis of the comments and any changes in the proposed priorities, requirements, and definitions since publication of the NPP follows. Priorities Comment: Multiple commenters made suggestions regarding how each of the priorities should be designated (i.e., E:\FR\FM\14JYR1.SGM 14JYR1

Agencies

[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40644-40647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16327]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0539]
RIN 1625-AA00


Safety Zone; City of Menominee Fireworks; Green Bay, Menominee, 
MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Green Bay near in

[[Page 40645]]

Menominee, Michigan. This safety zone is intended to restrict vessels 
from a portion of Green Bay due to two fireworks displays. This 
temporary safety zone is necessary to protect the surrounding public 
and vessels from the hazards associated with the fireworks displays.

DATES: This rule is effective without actual notice from July 14, 2014 
until 10:30 p.m. August 9, 2014. This rule will be enforced with actual 
notice from 9 p.m. on July 4, 2014 until July 14, 2014. This rule will 
only be enforced on July 4 and August 9, 2014, at the times specified 
in this rule.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0539. 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 ``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
TFR Temporary Final Rule

A. Regulatory History and Information

    On March 4, 2014, the Coast Guard published a Final Rule in the 
Federal Register which listed safety zones corresponding to annual 
marine events in the Sector Lake Michigan zone (79 FR 12064). That 
final rule included a safety zone for two fireworks displays in 
Menominee Michigan (City of Menominee 4th of July and Waterfront 
Festival Fireworks). However, the Coast Guard was informed that the 
fireworks display locations this year will differ from what is 
currently published. Thus, the Coast Guard is issuing this temporary 
final rule to ensure that a safety zone is established around the 
launch position of the two fireworks displays in Menominee Michigan.
    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 this event were 
not known to the Coast Guard until there was insufficient time 
remaining before the event to publish an NPRM. Thus, delaying the 
effective date of this rule to wait for a comment period to run would 
be both impracticable and contrary to the public interest because it 
would inhibit the Coast Guard's ability to protect vessels and persons 
from the hazards associated with two 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 safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    On July 4, 2014, the City of Menominee will host its annual Fourth 
of July Celebration Fireworks. Additionally, on August 9, 2014, the 
City of Menominee will host its annual Waterfront Festival fireworks. 
These fireworks displays will be launched from the vicinity of the 
eastern breakwater of Menominee Marina. The Coast Guard anticipates 
that a large number of spectators will gather for these fireworks 
displays. The Captain of the Port, Lake Michigan, has determined that 
these fireworks displays will pose a significant risk to public safety 
and property. Such hazards include falling and/or flaming debris, and 
collisions among spectator vessels.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port, 
Lake Michigan has determined that this temporary safety zone is 
necessary to ensure the safety of persons and vessels during the 
fireworks displays in the vicinity of Menominee Marina. This zone is 
effective from July 4, 2014 until August 9, 2014. This zone will be 
enforced from 9 p.m. until 10:30 p.m. on July 4, 2014 and from 9 p.m. 
until 10:30 p.m. on August 9, 2014. The safety zone will encompass all 
waters of Green Bay, in the vicinity of Menominee Marina, within a 
1000-foot radius of a position at 45[deg]6'26.3'' N and 
087[deg]35'59.2'' W (NAD 83).
    Entry into, transiting, or anchoring within the safety zone 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 zone created by this rule will be 
relatively small and enforced for a relatively short duration on two 
days. Under certain conditions, moreover, vessels may still transit 
through the safety zone when permitted by the Captain of the Port.

[[Page 40646]]

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not 
have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
might be small entities: the owners or operators of vessels intending 
to transit or anchor in the affected portion of Green Bay on July 4 and 
August 9, 2014.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of this zone, we would issue local Broadcast Notice to 
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone and 
therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. 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 parts 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.T09-0539 to read as follows:

[[Page 40647]]

Sec.  165.T09-0539  Safety Zone; City of Menominee Fireworks; Green 
Bay, Menominee, MI.

    (a) Location. All waters of Green Bay, in the vicinity of Menominee 
Marina within a 1000-foot radius of a position at 45[deg]6'26.3'' N and 
087[deg]35'59.2'' W (NAD 83).
    (b) Effective and enforcement periods. This rule is effective from 
July 4, 2014 until August 9, 2014. This rule will be enforced with 
actual notice from 9 p.m. until 10:30 p.m. on July 4, 2014, and from 9 
p.m. until 10:30 p.m. on August 9, 2014.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port, Lake 
Michigan or her designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Lake Michigan or 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 her behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port, Lake Michigan or her on-
scene representative to obtain permission to do so. The Captain of the 
Port, Lake Michigan or her on-scene representative may be contacted via 
VHF Channel 16. Vessel operators given permission to enter or operate 
in the safety zone must comply with all directions given to them by the 
Captain of the Port, Lake Michigan or her on-scene representative.

    Dated: June 30, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-16327 Filed 7-11-14; 8:45 am]
BILLING CODE 9110-04-P