Safety Zone; City of Bayfield Fourth of July Fireworks, Lake Superior, Bayfield, WI, 42515-42517 [2016-15438]
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
INFORMATION CONTACT
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0340 to read as
follows:
■
srobinson on DSK5SPTVN1PROD with RULES
§ 165.T08–0340 Safety Zones; Captain of
the Port New Orleans Zone; New Orleans to
Baton Rouge, LA.
(a) Safety zones. The following areas
are safety zones:
(1) U.S. Travel Association fireworks
display, New Orleans, LA—(i) Location.
All waters of the Lower Mississippi
River from mile marker 95.7 to mile
marker 96.7 Above Head of Passes.
(ii) Effective date and time. June 22,
2016, for one hour in the evening
between the hours of 6:00 p.m. and
11:00 p.m.
(2) St. John the Baptist Independence
Day Celebration fireworks display,
Edgard, LA—(i) Location. All waters of
the Lower Mississippi River from mile
marker 137.5 to mile marker 138.5
Above Head of Passes.
(ii) Effective date and time. June 30,
2016, for one hour in the evening
between the hours of 6:00 p.m. and
11:00 p.m.
(3) L’Auberge Casino Independence
Day Celebration fireworks display,
Baton Rouge, LA—(i) Location. All
waters of the Lower Mississippi River
from mile marker 216.0 to mile 217.0
Above Head of Passes.
(ii) Effective date and time. July 4,
2016, for one hour in the evening
between the hours of 6:00 p.m. and
11:00 p.m.
(4) City of Mandeville Independence
Day Celebration fireworks display,
Mandeville, LA—(i) Location. All waters
of Lake Pontchartrain extending 600 feet
in any direction from 30° 21.200 N.,
090° 04.500 W.
(ii) Effective date and time. July 4,
2016, for one hour in the evening
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between the hours of 6:00 p.m. and
11:00 p.m.
(5) American Pyrotechnic Association
Convention fireworks display, New
Orleans, LA—(i) Location. All waters of
the Lower Mississippi River from mile
marker 94.0 to mile marker 95.0 Above
Head of Passes.
(ii) Effective date and time. September
23, 2016, for one hour in the evening
between the hours of 6:00 p.m. and
11:00 p.m.
(b) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into these zones is prohibited
unless specifically authorized by the
Captain of the Port (COTP) New Orleans
or designated personnel. Designated
personnel include Commissioned,
Warrant and Petty Officers of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector New
Orleans. For each event, the COTP New
Orleans Designated Representative will
be announced via Marine Safety
Information Bulletin and Notice to
Mariners.
(2) Vessels requiring deviation from
this rule must request permission from
the COTP New Orleans or a COTP New
Orleans designated representative. They
may be contacted via the U.S. Coast
Guard Sector New Orleans Command
Center, via VHF–FM Channel 16 or by
phone at (504) 365–2200.
(3) Persons and vessels permitted to
deviate from this safety zone regulation
and enter the restricted areas must
transit at the slowest safe speed and
comply with all lawful directions issued
by the COTP New Orleans or the
designated representative.
(c) Information broadcasts. The COTP
New Orleans or designated
representative will inform the public
through broadcast notices to mariners of
the enforcement periods for the safety
zones as well as any changes in the
planned schedules.
Dated: June 22, 2016.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the
Port New Orleans.
[FR Doc. 2016–15440 Filed 6–29–16; 8:45 am]
BILLING CODE 9110–04–P
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42515
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2016–0481]
RIN 1625–AA00
Safety Zone; City of Bayfield Fourth of
July Fireworks, Lake Superior,
Bayfield, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone in Lake
Superior near Bayfield, WI. This safety
zone is intended to restrict vessels from
specified waters in Lake Superior
during the Bayfield Fourth of July
Fireworks Display. This safety zone is
necessary to protect spectators from the
hazards associated with the fireworks
display.
SUMMARY:
This rule is effective from 9 p.m.
through 11 p.m. July 4, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0481 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade John
Mack, Waterways management, MSU
Duluth, Coast Guard; telephone 218–
725–3818, email John.V.Mack@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. Because the event
is scheduled for July 4, 2016, there is
insufficient time to accommodate the
comment period. Thus, delaying the
effective date of this rule to wait for the
comment period to run would be both
impracticable and contrary to public
interest because it would inhibit the
Coast Guard’s ability to protect
spectators and vessels from the hazards
associated with the event.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of this rule
would be contrary to public interest as
it would inhibit the Coast Guard’s
ability to protect spectator and vessels
from the hazards associated with the
event.
srobinson on DSK5SPTVN1PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Duluth (COTP) has
determined that potential hazards
associated with fireworks displays
starting at 9:30 p.m. on July 4, 2016 will
be a safety concern for anyone within a
420-foot radius of the launch site. The
likely combination of recreational
vessels, darkness punctuated by bright
flashes of light, and fireworks debris
falling into the water presents risks of
collisions which could result in serious
injuries or fatalities. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone during the
fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9 p.m. through 11 p.m. July 4,
2016. The safety zone will cover all
navigable waters within an area
bounded by a circle with a 420-foot
radius of the fireworks display
launching site located in Hancock, MI at
coordinates 46°48′40″ N., 090°48′32″ W.
The duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters during the fireworks display. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive order related to rulemaking.
Below we summarize our analyses
VerDate Sep<11>2014
20:00 Jun 29, 2016
Jkt 238001
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
the Keweenaw Waterway in Hancock,
MI for 1 hour and during a time of year
when commercial vessel traffic is
normally low. Moreover, the Coast
Guard will issue Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone and the rule allows
vessels to seek permission to enter the
zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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 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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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
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compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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.
C. 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).
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
$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.
F. 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 (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 a safety
zone lasting no more than 2 hours that
will prohibit entry within a 420-foot
radius from where a fireworks display
will be conducted. 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.
G. 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.
List of Subjects in 33 CFR Part 165
§ 165.T09–0481 Safety Zone; City of
Bayfield Fourth of July Fireworks, Lake
Superior, Bayfield, WI.
(a) Location. All waters of Lake
Superior within an area bounded by a
circle with a 420-foot radius at position
46°48′40″ N., 090°48′32″ W.
(b) Effective period. This safety zone
is effective from 9 p.m. through 11 p.m.
on July 4, 2016.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Duluth, or his 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
Duluth or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port or his
designated on-scene representative may
be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Duluth
or his on-scene representative to obtain
permission to do so. 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 Duluth or his on-scene
representative.
Dated: June 24, 2016.
A.H. Moore, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Duluth.
[FR Doc. 2016–15438 Filed 6–29–16; 8:45 am]
BILLING CODE 9110–04–P
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
July 4, 2016. This action is necessary to
protect spectators during the Duluth
Fourth Fest Fireworks show. During the
enforcement period, entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Duluth or his designated on-scene
representative.
DATES: The regulations in 33 CFR
165.943(b) will be enforced from 9:30
p.m. through 11:30 p.m. on July 4, 2016.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Lieutenant
Junior Grade John Mack, Waterways
Management Division, Coast Guard;
telephone (218) 725–3818, email
John.V.Mack@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone for the
annual Duluth Fourth Fest fireworks
display in 33 CFR 165.943(a)(3) from
9:30 p.m. until 11:30 p.m. July 4, 2016.
This safety zone will include all U.S.
navigable waters of the Duluth Harbor
Basin Northern Section within a 840
foot radius of position 46°46′14″ N.,
092°06′16″ W. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Duluth or his
designated on-scene representative. The
Captain of the Port’s designated onscene representative may be contacted
via VHF Channel 16.
This notice of enforcement is issued
under authority of 33 CFR 165.943 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of the enforcement of this
safety zone via Broadcast Notice to
Mariners.
Dated: June 24, 2016.
A.H. Moore, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port, Duluth.
[FR Doc. 2016–15503 Filed 6–29–16; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 9110–04–P
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Coast Guard
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket No. USCG–2016–0478]
33 CFR Part 165
srobinson on DSK5SPTVN1PROD with RULES
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0481 to read as
follows:
VerDate Sep<11>2014
20:00 Jun 29, 2016
Jkt 238001
Coast Guard
Safety Zones; Duluth Fourth Fest,
Duluth, MN
1. The authority citation for part 165
continues to read as follows:
■
■
42517
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
the Safety Zone for the Duluth Fourth
Fest fireworks display in Duluth, MN
SUMMARY:
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33 CFR Part 165
[Docket Number USCG–2016–0289]
RIN 1625–AA00
Safety Zone, Pamlico Sound;
Ocracoke, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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]]>Agencies
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42515-42517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15438]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2016-0481]
RIN 1625-AA00
Safety Zone; City of Bayfield Fourth of July Fireworks, Lake
Superior, Bayfield, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone in Lake Superior
near Bayfield, WI. This safety zone is intended to restrict vessels
from specified waters in Lake Superior during the Bayfield Fourth of
July Fireworks Display. This safety zone is necessary to protect
spectators from the hazards associated with the fireworks display.
DATES: This rule is effective from 9 p.m. through 11 p.m. July 4, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0481 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade John Mack, Waterways management,
MSU Duluth, Coast Guard; telephone 218-725-3818, email
John.V.Mack@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a
[[Page 42516]]
notice of proposed rulemaking (NPRM) with respect to this rule because
doing so would be impracticable and contrary to the public interest.
Because the event is scheduled for July 4, 2016, there is insufficient
time to accommodate the comment period. Thus, delaying the effective
date of this rule to wait for the comment period to run would be both
impracticable and contrary to public interest because it would inhibit
the Coast Guard's ability to protect spectators and vessels from the
hazards associated with the event.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to public interest as it would
inhibit the Coast Guard's ability to protect spectator and vessels from
the hazards associated with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Duluth (COTP) has determined that
potential hazards associated with fireworks displays starting at 9:30
p.m. on July 4, 2016 will be a safety concern for anyone within a 420-
foot radius of the launch site. The likely combination of recreational
vessels, darkness punctuated by bright flashes of light, and fireworks
debris falling into the water presents risks of collisions which could
result in serious injuries or fatalities. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. through 11 p.m.
July 4, 2016. The safety zone will cover all navigable waters within an
area bounded by a circle with a 420-foot radius of the fireworks
display launching site located in Hancock, MI at coordinates
46[deg]48'40'' N., 090[deg]48'32'' W. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters during the fireworks display. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Keweenaw Waterway in Hancock, MI
for 1 hour and during a time of year when commercial vessel traffic is
normally low. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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
[[Page 42517]]
$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.
F. 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 (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 a safety zone lasting no more than 2 hours that will
prohibit entry within a 420-foot radius from where a fireworks display
will be conducted. 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.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T09-0481 to read as follows:
Sec. 165.T09-0481 Safety Zone; City of Bayfield Fourth of July
Fireworks, Lake Superior, Bayfield, WI.
(a) Location. All waters of Lake Superior within an area bounded by
a circle with a 420-foot radius at position 46[deg]48'40'' N.,
090[deg]48'32'' W.
(b) Effective period. This safety zone is effective from 9 p.m.
through 11 p.m. on July 4, 2016.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Duluth,
or his 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 Duluth or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Duluth or his on-scene
representative to obtain permission to do so. 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 Duluth or his on-
scene representative.
Dated: June 24, 2016.
A.H. Moore, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2016-15438 Filed 6-29-16; 8:45 am]
BILLING CODE 9110-04-P
