Safety Zone; Barge-Based Fireworks, Sturgeon Bay, Wisconsin, 19203-19206 [granule304]
Download as PDF
Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION 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
rljohnson on DSK3VPTVN1PROD with RULES
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.
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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 on the
navigable waters of San Diego Bay. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.01.
2. Add § 165.T11–689 to read as
follows:
19203
(b) Enforcement period. This section
will be enforced from 6:30 p.m. to 7:30
p.m. on May 12, 2015. If the event
concludes prior to the schedule
termination time, the COTP will cease
enforcement of this safety zone and will
announce that fact via Broadcast Notice
to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative means any
commissioned, warrant, or petty officer
of the Coast Guard on board Coast
Guard, Coast Guard Auxiliary, or local,
state, or federal law enforcement vessels
who have been authorized to act on the
behalf of the Captain of the Port.
(d) Regulations. (1) Under the general
regulations in 33 CFR part 165, subpart
C, entry into, transit through or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port of San Diego or his
designated representative.
(2) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(3) Upon being hailed by U.S. Coast
Guard or designated patrol personnel by
siren, radio, flashing light or other
means, the operator of a vessel shall
proceed as directed.
(4) The Coast Guard may be assisted
by other federal, state, or local agencies
in patrol and notification of the
regulation.
Dated: April 1, 2015.
J.A. Janszen,
Commander, U.S. Coast Guard, Acting,
Captain of the Port San Diego.
[FR Doc. 2015–08347 Filed 4–9–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR PART 165
[Docket No. USCG–2015–0213]
RIN 1625–AA00
■
§ 165.T11–689 Safety zone; Naval
Helicopter Association (NHA) Red Bull
Helicopter Demonstration; San Diego Bay,
San Diego, CA.
(a) Location. The safety zone will
encompass the navigable waters
encompassed by the following
coordinates (North American Datum of
1983, World Geodetic System, 1984):
32°43.05 N, 117°10.54 W, 32°43.05 N,
117°10.46 W, 32°43.33 N, 117°10.54 W,
32°43.33 N, 117°10.46 W.
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Safety Zone; Barge-Based Fireworks,
Sturgeon Bay, Wisconsin
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of Sturgeon Bay in Sturgeon
Bay, Wisconsin. This safety zone is
intended to restrict vessels from a
portion of Sturgeon Bay due to a
fireworks display. This temporary safety
zone is necessary to protect the
SUMMARY:
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Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations
surrounding public and vessels from the
hazards associated with the fireworks
display.
DATES: This rule is effective from 8:30
p.m. on May 15, 2015, until 9:30 p.m.
on May 16, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0213. 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 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
rljohnson on DSK3VPTVN1PROD with RULES
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and
Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM 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. Specifically,
the Coast Guard did not receive the final
details for this event until March 4,
2015. Thus, delaying the effective date
of this rule to wait for a comment period
to run would be both impracticable and
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contrary to the public interest because it
would inhibit the Coast Guard’s ability
to protect the public and vessels from
the hazards associated with the bargebased fireworks display on May 15,
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 May 15, 2015, the Coast Guard
anticipates that a tug and barge will be
anchored in the vicinity of the Sturgeon
Bay Yacht Harbor on the waters of
Sturgeon Bay in Sturgeon Bay,
Wisconsin for the purpose of launching
a fireworks display. 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, 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 barge-based fireworks
display from the waters of Sturgeon Bay.
This zone is effective from 8:30 p.m. on
May 15, 2015, until 9:30 p.m. on May
16, 2015. This zone will be enforced
from 8:30 p.m. until 9:30 p.m. on May
15, 2015. In the case that inclement
weather forces a postponement of the
fireworks display on May 15, 2015, this
rule will be enforced from 8:30 p.m.
until 9:30 p.m. on May 16, 2015. The
safety zone will encompass all waters of
Sturgeon Bay, in the vicinity of
Sturgeon Bay Yacht Harbor, within the
arc of a circle with a 420-foot radius
from the fireworks launch site, located
on a barge in approximate position
44°49.579′ N., 087°22.384′ 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.
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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 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 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
Sturgeon Bay on May 15 or May 16,
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
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Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations
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
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.
rljohnson on DSK3VPTVN1PROD with RULES
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.
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15:04 Apr 09, 2015
Jkt 235001
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 will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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.
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
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Fmt 4700
Sfmt 4700
19205
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:
■
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.T09–0213 to read as
follows:
■
§ 165.T09–0213 Safety Zone; Barge-based
Fireworks, Sturgeon Bay, Wisconsin.
(a) Location. All waters of Sturgeon
Bay, in the vicinity of Sturgeon Bay
Yacht Harbor, within the arc of a circle
with a 420-foot radius from the
fireworks launch site located on a barge
in approximate position 44°49.579′ N.,
087°22.384′ W. (NAD 83).
(b) Effective and enforcement period.
This zone is effective from 8:30 p.m. on
May 15, 2015, until 9:30 p.m. on May
16, 2015. This zone will be enforced
from 8:30 p.m. until 9:30 p.m. on May
15, 2015. If the scheduled event is
postponed due to inclement weather on
May 15, 2015, this rule will be enforced
from 8:30 p.m. until 9:30 p.m. on May
16, 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
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Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations
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 30, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2015–08345 Filed 4–9–15; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 202
Preregistration and Registration of
Claims to Copyright
CFR Correction
In Title 37 of the Code of Federal
Regulations, revised as of July 1, 2014,
on page 614, in § 202.2, in paragraph
(b)(1), the second copyright symbol,
following the words ‘‘. . . or, in the case
of a sound recording, the symbol’’, is
corrected to read ‘‘Å’’.
[FR Doc. 2015–08383 Filed 4–9–15; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0132; FRL–9925–27–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia, Maryland, and Virginia;
Attainment Demonstration for the 1997
8-Hour Ozone National Ambient Air
Quality Standard for the Washington,
DC-MD-VA Moderate Nonattainment
Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the
attainment demonstration and
associated contingency measures and
motor vehicle emission budgets
(MVEBs) for the Washington, DC-MDVA, moderate ozone nonattainment area
(Washington Area) for the 1997 8-hour
ozone National Ambient Air Quality
rljohnson on DSK3VPTVN1PROD with RULES
SUMMARY:
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Standard (NAAQS) as submitted by the
District of Columbia, the State of
Maryland, and the Commonwealth of
Virginia as revisions to each of their
State Implementation Plans (SIPs). EPA
has determined that each of the three
SIP revisions including specifically the
attainment demonstration, contingency
measures and MVEBs meet the
applicable requirements of the Clean Air
Act (CAA or Act), and EPA is approving
each revision.
DATES: This final rule is effective on
May 11, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2013–0132. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the District of Columbia.
Department of the Environment, Air
Quality Division, 1200 1st Street NE.,
5th Floor, Washington, DC 20002; the
Maryland Department of the
Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230; and the Virginia
Department of Environmental Quality,
629 East Main Street, Richmond,
Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Christopher Cripps, (215) 814–2179, or
by email at cripps.christopher@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The District of Columbia, the State of
Maryland, and the Commonwealth of
Virginia submitted formal SIP revisions
on June 12, 2007, June 4, 2007, and June
12, 2007, respectively (hereafter the
June 2007 SIP revisions). These June
2007 SIP revisions were submitted to
address CAA requirements for the 1997
ozone NAAQS and included the 2002
base year emissions inventory, the 15
percent reasonable further progress plan
(RFP) (15% RFP plan), RFP contingency
measures, an attainment demonstration
to show attainment of the 1997 ozone
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NAAQS by June 15, 2010, a reasonably
available control measures (RACM)
analysis, and contingency measures for
failure to attain. In addition, the
submission included the transportation
conformity 2008, 2009, and 2010 year
MVEBs associated with the RFP plan,
the attainment demonstration and
contingency measures, respectively. The
District of Columbia Department of the
Environment (DDOE), the Maryland
Department of the Environment (MDE),
and the Virginia Department of
Environmental Quality (VADEQ)
(hereafter referred to as the three States)
jointly developed the June 2007 SIP
revisions.1
These elements of the Washington
Area 8-hour ozone plan were required
for the Washington Area by sections
172(c), 182(a), and 182(b)(1) of the CAA
due to the classification of the
Washington Area as a moderate ozone
nonattainment area under the 1997
ozone NAAQS. The boundaries of the
Washington Area are defined in the
tables for ‘‘1997 8-Hour Ozone NAAQS
(Primary and Secondary)’’ in 40 CFR
81.309, 81.321 and 81.347.2
On September 11, 2011 (76 FR 58116),
EPA approved portions of the June 2007
SIP revisions for the three States
including the 2002 base year emissions
inventory, 15% RFP plan and associated
MVEBs for 2008, RFP contingency
measures, and the RACM analysis. In
this rulemaking action, EPA is
approving the remaining portions of the
June 2007 SIP revisions for the 1997
ozone NAAQS including the attainment
demonstration, the contingency
measures, and the associated 2009 and
2010 year MVEBs.3 In a March 20, 2013
notice of proposed rulemaking (the
March 20, 2013 NPR), EPA proposed to
approve these remaining elements of the
June 2007 SIP revisions. 78 FR 17161.
1 The three States developed and submitted the
‘‘Plan to Improve Air Quality in the Washington,
DC-MD-VA Region, State Implementation Plan (SIP)
for 8-Hour Ozone Standard, Moderate Area SIP’’
(hereafter the Washington Area 8-hour ozone plan).
2 Effective July 20, 2012 (77 FR 30088, May 21,
2012), EPA designated and classified nonattainment
areas under the 2008 ozone NAAQS codified at 40
CFR 50.15 for most areas of the country including
the Washington Area. The Washington Area was
designated as nonattainment and classified as
marginal nonattainment. The boundaries of the
ozone nonattainment area classified as moderate
under the 1997 ozone NAAQS are the same as those
of the ozone nonattainment area classified as
marginal under the 2008 ozone NAAQS. See 40
CFR 81.309, 81.321 and 81.347. Hereafter, when
referring to the Washington Area in relation to SIP
requirements required solely due to the 2008 ozone
NAAQS, the term ‘‘Washington 2008 Ozone
Nonattainment Area’’ will be used.
3 The attainment demonstration was required
under 40 CFR 51.908 to demonstrate attainment of
the 1997 ozone NAAQS by the applicable
attainment date of June 15, 2010 (the June 2010
attainment date).
E:\FR\FM\10APR1.SGM
10APR1
Agencies
[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Unknown Section]
[Pages 19203-19206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: granule304]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR PART 165
[Docket No. USCG–2015–0213]
RIN 1625–AA00
Safety Zone; Barge-Based Fireworks, Sturgeon Bay, Wisconsin
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 Sturgeon Bay in Sturgeon Bay, Wisconsin. This safety zone is
intended to restrict vessels from a portion of Sturgeon Bay due to a
fireworks display. This temporary safety zone is necessary to protect
the
[[Page 19204]]
surrounding public and vessels from the hazards associated with the
fireworks display.
DATES: This rule is effective from 8:30 p.m. on May 15, 2015, until
9:30 p.m. on May 16, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG–2015–0213. 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
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at 414–747–7148 or
Joseph.P.McCollum@uscg.mil. If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are “impracticable, unnecessary, or contrary to the
public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing an NPRM 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. Specifically, the Coast Guard did not receive the
final details for this event until March 4, 2015. 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 the public and
vessels from the hazards associated with the barge-based fireworks
display on May 15, 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 May 15, 2015, the Coast Guard anticipates that a tug and barge
will be anchored in the vicinity of the Sturgeon Bay Yacht Harbor on
the waters of Sturgeon Bay in Sturgeon Bay, Wisconsin for the purpose
of launching a fireworks display. 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, 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 barge-
based fireworks display from the waters of Sturgeon Bay. This zone is
effective from 8:30 p.m. on May 15, 2015, until 9:30 p.m. on May 16,
2015. This zone will be enforced from 8:30 p.m. until 9:30 p.m. on May
15, 2015. In the case that inclement weather forces a postponement of
the fireworks display on May 15, 2015, this rule will be enforced from
8:30 p.m. until 9:30 p.m. on May 16, 2015. The safety zone will
encompass all waters of Sturgeon Bay, in the vicinity of Sturgeon Bay
Yacht Harbor, within the arc of a circle with a 420-foot radius from
the fireworks launch site, located on a barge in approximate position
44°49.579′ N., 087°22.384′ 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 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 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 Sturgeon Bay on May 15
or May 16, 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
[[Page 19205]]
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
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 §&thnsp;165.T09–0213 to read as follows:
§&thnsp;165.T09–0213 Safety Zone; Barge-based Fireworks,
Sturgeon Bay, Wisconsin.
(a) Location. All waters of Sturgeon Bay, in the vicinity of
Sturgeon Bay Yacht Harbor, within the arc of a circle with a 420-foot
radius from the fireworks launch site located on a barge in approximate
position 44°49.579′ N., 087°22.384′ W. (NAD 83).
(b) Effective and enforcement period. This zone is effective from
8:30 p.m. on May 15, 2015, until 9:30 p.m. on May 16, 2015. This zone
will be enforced from 8:30 p.m. until 9:30 p.m. on May 15, 2015. If the
scheduled event is postponed due to inclement weather on May 15, 2015,
this rule will be enforced from 8:30 p.m. until 9:30 p.m. on May 16,
2015.
(c) Regulations. (1) In accordance with the general regulations in
§&thnsp;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
[[Page 19206]]
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 30, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015–08345 Filed 4–9–15; 8:45 am]
BILLING CODE 9110–04–P