Safety Zone; Fireworks Display, Lake Michigan; Winnetka, IL, 41644-41646 [2014-16846]
Download as PDF
41644
Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Rules and Regulations
(b) The draw of the Hatchett Creek
(US–41) bridge, mile 56.9 at Venice,
shall open on signal, except that, from
7 a.m. to 4:20 p.m., Monday through
Friday except Federal holidays, the
draw need open only on the hour, 20
minutes after the hour, and 40 minutes
after the hour and except between 4:25
p.m. and 5:25 p.m. when the draw need
not open. On Saturdays, Sundays, and
Federal holidays from 7:30 a.m. to 6
p.m. the draw need open only on the
hour, quarter-hour, half-hour, and three
quarter-hour. This bridge need not open
to navigation on the second Sunday of
November annually, from 9 a.m. to 5
p.m., to facilitate the Iron Man Triathlon
event.
*
*
*
*
*
Dated: June 18, 2014.
J.H. Korn,
Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2014–16844 Filed 7–16–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–0570]
Drawbridge Operation Regulations;
Norwalk River, Norwalk, CT
Coast Guard, DHS.
ACTION: Notice of deviation from
drawbridge regulations.
AGENCY:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Metro North
WALK Bridge across the Norwalk River,
mile 0.1, at Norwalk, Connecticut. The
deviation is necessary to facilitate
necessary maintenance and repairs to
the electrical and mechanical operating
systems at the bridge. This temporary
deviation authorizes the bridge to open
after an eight-hour advance notice is
given under a revised operating
schedule.
DATES: This deviation is effective
without actual notice from July 17, 2014
through December 30, 2014. For the
purposes of enforcement, actual notice
will be used on July 4, 2014, until July
17, 2014.
ADDRESSES: The docket for this
deviation, [USCG–2014–0570] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:56 Jul 16, 2014
Jkt 232001
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
deviation, call or email Mr. Christopher
J. Bisignano, Supervisory Bridge
Management Specialist, First Coast
Guard District, Christopher.J.Bisignano@
uscg.mil or (212) 668–7021. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The Metro
North WALK Bridge, mile 0.1, across
the Norwalk River at Norwalk,
Connecticut, has a vertical clearance in
the closed position of 16 feet at mean
high water and 23 feet at mean low
water. The drawbridge operation
regulations are listed at 33 CFR
117.217(b).
The waterway users are seasonal
recreational vessels and commercial
vessels of various sizes.
The owner of the bridge, Connecticut
Department of Transportation, requested
a temporary deviation from the
regulations from July 4, 2014 through
December 30, 2014, to allow the bridge
to open after an eight-hour advance
notice is given to help facilitate
necessary electrical and mechanical
maintenance and repairs at the bridge.
The Coast Guard will work with
Connecticut Department of
Transportation and Metro North to
develop a long term repair schedule
during this initial temporary deviation
time period.
Under this temporary deviation, in
effect from July 4, 2014 through
December 30, 2014, the Metro North
WALK Bridge at mile 0.1, across the
Norwalk River, at Norwalk, Connecticut
shall open after at least an eight-hour
advance notice is given as follows:
(1) From 10 a.m. to 2 p.m., a
maximum of one opening each day
Monday through Friday, excluding
holidays.
(2) From 9 p.m. to 3 a.m., a maximum
of two openings each night, starting on
Monday at 9 p.m. through Friday at 3
a.m. including holidays.
(3) From 9 p.m. Fridays to 3 a.m.
Mondays, including holidays.
(4) For emergencies only at all other
times.
(5) A delay of up to 20 minutes may
be expected if a train is approaching so
closely that it may not be safely
stopped.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Vessels that can pass under the bridge
in the closed position may do so at any
time. There are no alternate routes. The
bridge can open in the event of an
emergency situation.
Vessel operators will be notified of
these changes to the bridge operating
schedule through a Local Notice to
Mariners publication and a Safety
Marine Information Broadcast (SMIB)
issued by the Coast Guard so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: July 1, 2014.
Linda L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2014–16842 Filed 7–16–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0259]
RIN 1625–AA00
Safety Zone; Fireworks Display, Lake
Michigan; Winnetka, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Michigan in Winnetka, IL. This
safety zone is intended to restrict
vessels from a portion of Lake Michigan
due to a barge-based fireworks display.
This temporary safety zone is necessary
to protect the surrounding public and
vessels from the hazards associated with
the fireworks display.
DATES: This rule is effective from 9:15
p.m. until 10 p.m. on August 16, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0259. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
SUMMARY:
E:\FR\FM\17JYR1.SGM
17JYR1
Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Rules and Regulations
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.
If
you have questions on this rule, call or
email Petty Officer Joseph McCollum,
U.S. Coast Guard Sector Lake Michigan;
telephone 414–747–7148, email
Joseph.P.McCollum@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone 1–800–647–5527.
FOR FURTHER INFORMATION CONTACT:
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 May 14, 2014, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone, Fireworks Display,
Lake Michigan; Winnetka, IL in the
Federal Register (79 FR 27521). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
B. Basis and Purpose
The legal basis for the 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.
pmangrum on DSK3VPTVN1PROD with RULES
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard provided a comment
period of 30 days and no comments
were received. Accordingly, we have
made no changes from the proposed
rule.
On August 16, 2014, a fireworks
display is expected to take place on
Lake Michigan, Winnetka, IL, from a
barge located at approximate position
42°06′24.19″ N, 087°43′7.92″ W (NAD
83). The Captain of the Port, Lake
Michigan, has determined that an aerial
firework display presents a significant
risk to public safety and property. Such
hazards include falling and flaming
debris.
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.
VerDate Mar<15>2010
14:56 Jul 16, 2014
Jkt 232001
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.
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 small
and enforced for a short duration of 45
minutes. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port or her
designated on-scene representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rule. 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.
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this temporary rule on
small entities. This rule will affect the
following entities, some of which might
be small entities: The owners or
operators of vessels intending to transit
or anchor in a portion of Lake Michigan
from 9:15 p.m. until 10 p.m. on August
16, 2014.
This safety zone will not have a
significant economic impact on a
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
41645
substantial number of small entities for
the reasons cited in the Regulatory
Planning and Review section.
Additionally, before the enforcement of
the zone, we would issue local
Broadcast Notice to Mariners so vessel
owners and operators can plan
accordingly.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, 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
E:\FR\FM\17JYR1.SGM
17JYR1
41646
Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Rules and Regulations
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.
pmangrum on DSK3VPTVN1PROD with RULES
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.
VerDate Mar<15>2010
14:56 Jul 16, 2014
Jkt 232001
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 recordkeeping
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:
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 zone must
contact the Captain of the Port Lake
Michigan or his or her designated onscene 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 onscene representative.
Dated: June 30, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2014–16846 Filed 7–16–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 13
[EPA–HQ–OA–2014–0012; FRL–9913–63–
OCFO]
■
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.T09–0259 to read as
follows:
■
§ 165.T09–0259 Safety Zone; Fireworks
Display, Lake Michigan; Winnetka, IL.
(a) Location. All waters of Lake
Michigan, near Winnetka, IL, within an
840 foot radius from a barge located at
approximate position 42°06′24.19″ N,
087°43′7.92″ W (NAD 83).
(b) Effective period. This section will
be effective from 9:15 p.m. until 10 p.m.
on August 16, 2014.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring in this
safety zone is prohibited unless
authorized by the Captain of the Port
Lake Michigan, or his or her designated
on-scene representative.
(2) This safety zone described in
paragraph (a) of this section is closed to
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Administrative Wage Garnishment
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of adverse
comments, EPA is withdrawing the
direct final rule for Administrative
Wage Garnishment published in the
Federal Register on July 2, 2014.
DATES: The direct final rule published at
79 FR 37644 on July 2, 2014 is
withdrawn effective July 17, 2014.
FOR FURTHER INFORMATION CONTACT:
FPPS c/o Anita Jones, OCFO/OFM/
FPPS, Mailcode 2733R, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460;
telephone number: (202) 564–4969; fax
number: (202) 565–2585; email address:
jones.anita@epa.gov.
SUPPLEMENTARY INFORMATION: Due to the
receipt of adverse comments, EPA is
withdrawing the direct final rule
amending EPA’s claims collection
standards to include Administrative
Wage Garnishment, which published in
SUMMARY:
E:\FR\FM\17JYR1.SGM
17JYR1
Agencies
[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Rules and Regulations]
[Pages 41644-41646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16846]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0259]
RIN 1625-AA00
Safety Zone; Fireworks Display, Lake Michigan; Winnetka, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Michigan in Winnetka, IL. This safety zone is intended to restrict
vessels from a portion of Lake Michigan due to a barge-based fireworks
display. This temporary safety zone is necessary to protect the
surrounding public and vessels from the hazards associated with the
fireworks display.
DATES: This rule is effective from 9:15 p.m. until 10 p.m. on August
16, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0259. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the
[[Page 41645]]
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 rule,
call or email Petty Officer Joseph McCollum, U.S. Coast Guard Sector
Lake Michigan; telephone 414-747-7148, email
Joseph.P.McCollum@uscg.mil. If you have questions on viewing or
submitting material to 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 May 14, 2014, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone, Fireworks Display, Lake Michigan;
Winnetka, IL in the Federal Register (79 FR 27521). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
B. Basis and Purpose
The legal basis for the 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.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 30 days and no
comments were received. Accordingly, we have made no changes from the
proposed rule.
On August 16, 2014, a fireworks display is expected to take place
on Lake Michigan, Winnetka, IL, from a barge located at approximate
position 42[deg]06'24.19'' N, 087[deg]43'7.92'' W (NAD 83). The Captain
of the Port, Lake Michigan, has determined that an aerial firework
display presents a significant risk to public safety and property. Such
hazards include falling and flaming debris.
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.
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
small and enforced for a short duration of 45 minutes. Under certain
conditions, moreover, vessels may still transit through the safety zone
when permitted by the Captain of the Port or her designated on-scene
representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. 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.
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. This
rule will affect the following entities, some of which might be small
entities: The owners or operators of vessels intending to transit or
anchor in a portion of Lake Michigan from 9:15 p.m. until 10 p.m. on
August 16, 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 the zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
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
[[Page 41646]]
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
recordkeeping 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.T09-0259 to read as follows:
Sec. 165.T09-0259 Safety Zone; Fireworks Display, Lake Michigan;
Winnetka, IL.
(a) Location. All waters of Lake Michigan, near Winnetka, IL,
within an 840 foot radius from a barge located at approximate position
42[deg]06'24.19'' N, 087[deg]43'7.92'' W (NAD 83).
(b) Effective period. This section will be effective from 9:15 p.m.
until 10 p.m. on August 16, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring in this safety zone
is prohibited unless authorized by the Captain of the Port Lake
Michigan, or his or her designated on-scene representative.
(2) This safety zone described in paragraph (a) of this section is
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
zone must contact the Captain of the Port Lake Michigan or his or her
designated 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. 2014-16846 Filed 7-16-14; 8:45 am]
BILLING CODE 9110-04-P