Safety Zone; St. Patrick's Day Fireworks, Manitowoc River, Manitowoc, Wisconsin, 13244-13246 [2015-05814]
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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations
Department of Homeland Security Delegation
No. 0170.1.
2. Add temporary § 165.T08–0076 to
read as follows:
■
§ 165.T08–0076 Safety Zone; Tuscaloosa
Regional Air Show; Black Warrior River;
Tuscaloosa, AL.
(a) Location. The following area is a
safety zone: all waters encompassing the
waters of the Black Warrior River
between MM 335.8 to MM 336.3, in
Tuscaloosa, AL.
(b) Effective dates and enforcement
period. This rule is effective on March
26–29, 2015, from 11:30 a.m. until 5:00
p.m. each day.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Mobile or a
designated representative.
(2) Persons or vessels desiring to enter
into or passage through the zone must
request permission from the Captain of
the Port Mobile or a designated
representative. They may be contacted
on VHF–FM channels 16 or by
telephone at 251–441–5976.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the Captain of the
Port Mobile or designated
representative.
(d) Informational broadcasts. The
Captain of the Port Mobile or a
designated representative will inform
the public through broadcast notices to
mariners of the enforcement period for
the safety zone as well as any changes
in the safety zone or the planned
schedule.
Dated: February 2, 2015.
S. Walker,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2015–05744 Filed 3–12–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR PART 165
[Docket No. USCG–2015–0130]
tkelley on DSK3SPTVN1PROD with RULES
RIN 1625–AA00
Safety Zone; St. Patrick’s Day
Fireworks, Manitowoc River,
Manitowoc, Wisconsin
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
SUMMARY:
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16:34 Mar 12, 2015
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Manitowoc River in Manitowoc,
Wisconsin. This safety zone is intended
to restrict vessels from a portion of the
Manitowoc River due to a fireworks
display. This safety zone is necessary to
protect the surrounding public and
vessels from the hazards associated with
the fireworks display.
DATES: This rule is effective and will be
enforced from 6 p.m. until 8:30 p.m. on
March 13, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0130. 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
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, 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
On December 24, 2014, the Coast
Guard published an NPRM in the
Federal Register which listed safety
zones corresponding to annual marine
events in the Sector Lake Michigan zone
(79 FR 77415). This NPRM included the
safety zone for the St. Patrick’s Day
Fireworks in Manitowoc, WI (the
subject of this TFR). After the 30 day
comment period for the NPRM closed,
the Coast Guard published a
corresponding Final Rule on February
18, 2015 (80 FR 8536).
Because the Manitowoc St. Patrick’s
Day Fireworks would occur within 30
days of the Final Rule’s publication, the
Coast Guard finds that good cause exists
under 5 U.S.C. 553(d)(3), for making this
rule effective less than 30 days after
publication in the Federal Register.
Waiting for a 30 day notice period to
run would be impracticable,
unnecessary, and contrary to the public
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interest because it would inhibit the
Coast Guard’s ability to protect vessels
from the hazards associated with the
Manitowoc St. Patrick’s Day Fireworks
on March 13, 2015, which are discussed
further below.
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 March 13, 2015, the City of
Manitowoc is expected to hold its
annual St. Patrick’s Day fireworks
display. This fireworks display will be
launched from the shore of the
Manitowoc River. The Captain of the
Port Lake Michigan has determined that
this fireworks display will pose a
significant risk to public safety and
property. Such hazards include falling
and/or flaming debris.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Lake
Michigan has determined that this
safety zone is necessary to ensure the
safety of persons and vessels during the
fireworks display on the shore of the
Manitowoc River. This zone is effective
and will be enforced from 6 p.m. until
8:30 p.m. on March 13, 2015. The safety
zone will encompass all waters of the
Manitowoc River within a 200 foot
radius of an approximate launch
position at 44°05.492′ N, 087°39.332′ 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
E:\FR\FM\13MRR1.SGM
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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations
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 only
one day. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port.
tkelley on DSK3SPTVN1PROD with RULES
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this 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 the Manitowoc
River on March 13, 2015.
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
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13245
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.
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.
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).
11. Indian Tribal Governments
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
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
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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 for this zone have been
previously completed and are available
via https://www.regulations.gov under
Docket Number USCG–2014–1001. 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.
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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 165 as follows:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket No. USCG–2015–0109]
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.T09–0130 to read as
follows:
§ 165.T09–0130 Safety Zone; St. Patrick’s
Day Fireworks, Manitowoc River,
Manitowoc, Wisconsin.
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(a) Location. All waters of the
Manitowoc River within a 200 foot
radius of an approximate launch
position at 44°05.492′ N, 087°39.332′ W
(NAD 83).
(b) Effective and enforcement period.
This zone is effective and will be
enforced from 6 p.m. until 8:30 p.m. on
March 13, 2015.
(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.
[FR Doc. 2015–05814 Filed 3–12–15; 8:45 am]
BILLING CODE 9110–04–P
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Drawbridge Operation Regulations;
Hackensack River, Jersey City, NJ
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the operation of
the Port Authority Trans-Hudson
(PATH) railroad bridge across the
Hackensack River, mile 3.0, at Jersey
City, New Jersey. This deviation is
necessary to allow the bridge owner to
replace rails and ties at the bridge. This
deviation allows the bridge to remain
closed on Saturday and Sunday for
twenty six consecutive weekends.
DATES: This deviation is effective from
April 4, 2015 through September 27,
2015.
SUMMARY:
■
Dated: March 2, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
33 CFR Part 117
The docket for this
deviation, [USCG–2015–0109] 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
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. Joe M. Arca,
Project Officer, First Coast Guard
District, telephone (212) 514–4336,
joe.m.arca@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The PATH
railroad bridge across the Hackensack
River, mile 3.0, at Jersey City, New
Jersey, has a vertical clearance in the
closed position of 40 feet at mean high
water and 45 feet at mean low water.
The existing bridge operating
regulations are found at 33 CFR 117.723.
The waterway is transited by seasonal
recreational vessels and commercial
vessels of various sizes.
The bridge owner, Port Authority
Trans-Hudson (PATH), requested a
ADDRESSES:
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temporary deviation from the normal
operating schedule to facilitate
structural repairs, replacement of the
rails and ties, at the bridge.
Under this temporary deviation, the
PATH railroad bridge may remain in the
closed position for twenty six
weekends, between 12:01 a.m. on
Saturdays through 12:01 a.m. on
Mondays from April 4, 2015 through
September 27, 2015.
There are no alternate routes for
vessel traffic; however, the vertical
clearance at the bridge is 40 feet at mean
high water and 45 feet at mean low
water, which should allow most vessels
that normally transit this bridge to pass
under the closed draws during this
repair period. The bridge may be
opened in the event of an emergency.
The Coast Guard will inform the users
of the waterways through our Local and
Broadcast Notice to Mariners of the
change in operating schedule for the
bridges 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: February 23, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2015–05809 Filed 3–12–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2015–0098]
RIN 1625–AA00
Safety Zone; State Route 520 Bridge
Construction, Lake Washington;
Seattle, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Washington around the east span
of the State Route 520 Bridge in Seattle,
Washington for the construction of the
new bridge. The safety zone is necessary
to ensure the safety of the maritime
public and workers involved in the
bridge construction. The safety zone
will prohibit any person or vessel from
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13244-13246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05814]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR PART 165
[Docket No. USCG-2015-0130]
RIN 1625-AA00
Safety Zone; St. Patrick's Day Fireworks, Manitowoc River,
Manitowoc, Wisconsin
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the Manitowoc
River in Manitowoc, Wisconsin. This safety zone is intended to restrict
vessels from a portion of the Manitowoc River due to a fireworks
display. This safety zone is necessary to protect the surrounding
public and vessels from the hazards associated with the fireworks
display.
DATES: This rule is effective and will be enforced from 6 p.m. until
8:30 p.m. on March 13, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0130. 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 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,
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
On December 24, 2014, the Coast Guard published an NPRM in the
Federal Register which listed safety zones corresponding to annual
marine events in the Sector Lake Michigan zone (79 FR 77415). This NPRM
included the safety zone for the St. Patrick's Day Fireworks in
Manitowoc, WI (the subject of this TFR). After the 30 day comment
period for the NPRM closed, the Coast Guard published a corresponding
Final Rule on February 18, 2015 (80 FR 8536).
Because the Manitowoc St. Patrick's Day Fireworks would occur
within 30 days of the Final Rule's publication, the Coast Guard finds
that good cause exists under 5 U.S.C. 553(d)(3), for making this rule
effective less than 30 days after publication in the Federal Register.
Waiting for a 30 day notice period to run would be impracticable,
unnecessary, and contrary to the public interest because it would
inhibit the Coast Guard's ability to protect vessels from the hazards
associated with the Manitowoc St. Patrick's Day Fireworks on March 13,
2015, which are discussed further below.
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 March 13, 2015, the City of Manitowoc is expected to hold its
annual St. Patrick's Day fireworks display. This fireworks display will
be launched from the shore of the Manitowoc River. The Captain of the
Port Lake Michigan has determined that this fireworks display will pose
a significant risk to public safety and property. Such hazards include
falling and/or flaming debris.
C. Discussion of the Final Rule
With the aforementioned hazards in mind, the Captain of the Port
Lake Michigan has determined that this safety zone is necessary to
ensure the safety of persons and vessels during the fireworks display
on the shore of the Manitowoc River. This zone is effective and will be
enforced from 6 p.m. until 8:30 p.m. on March 13, 2015. The safety zone
will encompass all waters of the Manitowoc River within a 200 foot
radius of an approximate launch position at 44[deg]05.492' N,
087[deg]39.332' 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
[[Page 13245]]
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 only one day. Under certain conditions, moreover, vessels may still
transit through the safety zone 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 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 the Manitowoc River on March 13,
2015.
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 for this zone have been previously
completed and are available via https://www.regulations.gov under Docket
Number USCG-2014-1001. 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.
[[Page 13246]]
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.T09-0130 to read as follows:
Sec. 165.T09-0130 Safety Zone; St. Patrick's Day Fireworks, Manitowoc
River, Manitowoc, Wisconsin.
(a) Location. All waters of the Manitowoc River within a 200 foot
radius of an approximate launch position at 44[deg]05.492' N,
087[deg]39.332' W (NAD 83).
(b) Effective and enforcement period. This zone is effective and
will be enforced from 6 p.m. until 8:30 p.m. on March 13, 2015.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 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
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: March 2, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-05814 Filed 3-12-15; 8:45 am]
BILLING CODE 9110-04-P
