[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40644-40647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16327]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0539]
RIN 1625-AA00
Safety Zone; City of Menominee Fireworks; Green Bay, Menominee,
MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Green Bay near in
[[Page 40645]]
Menominee, Michigan. This safety zone is intended to restrict vessels
from a portion of Green Bay due to two fireworks displays. This
temporary safety zone is necessary to protect the surrounding public
and vessels from the hazards associated with the fireworks displays.
DATES: This rule is effective without actual notice from July 14, 2014
until 10:30 p.m. August 9, 2014. This rule will be enforced with actual
notice from 9 p.m. on July 4, 2014 until July 14, 2014. This rule will
only be enforced on July 4 and August 9, 2014, at the times specified
in this rule.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0539. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7148 or [email protected]. If
you have questions on viewing the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
On March 4, 2014, the Coast Guard published a Final Rule in the
Federal Register which listed safety zones corresponding to annual
marine events in the Sector Lake Michigan zone (79 FR 12064). That
final rule included a safety zone for two fireworks displays in
Menominee Michigan (City of Menominee 4th of July and Waterfront
Festival Fireworks). However, the Coast Guard was informed that the
fireworks display locations this year will differ from what is
currently published. Thus, the Coast Guard is issuing this temporary
final rule to ensure that a safety zone is established around the
launch position of the two fireworks displays in Menominee Michigan.
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA)(5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect vessels and persons
from the hazards associated with two fireworks displays, which are
discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for this rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
On July 4, 2014, the City of Menominee will host its annual Fourth
of July Celebration Fireworks. Additionally, on August 9, 2014, the
City of Menominee will host its annual Waterfront Festival fireworks.
These fireworks displays will be launched from the vicinity of the
eastern breakwater of Menominee Marina. The Coast Guard anticipates
that a large number of spectators will gather for these fireworks
displays. The Captain of the Port, Lake Michigan, has determined that
these fireworks displays will pose a significant risk to public safety
and property. Such hazards include falling and/or flaming debris, and
collisions among spectator vessels.
C. Discussion of the Final Rule
With the aforementioned hazards in mind, the Captain of the Port,
Lake Michigan has determined that this temporary safety zone is
necessary to ensure the safety of persons and vessels during the
fireworks displays in the vicinity of Menominee Marina. This zone is
effective from July 4, 2014 until August 9, 2014. This zone will be
enforced from 9 p.m. until 10:30 p.m. on July 4, 2014 and from 9 p.m.
until 10:30 p.m. on August 9, 2014. The safety zone will encompass all
waters of Green Bay, in the vicinity of Menominee Marina, within a
1000-foot radius of a position at 45[deg]6'26.3'' N and
087[deg]35'59.2'' W (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Lake Michigan
or her designated on-scene representative. The Captain of the Port or
her designated on-scene representative may be contacted via VHF Channel
16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short duration on two
days. Under certain conditions, moreover, vessels may still transit
through the safety zone when permitted by the Captain of the Port.
[[Page 40646]]
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit or anchor in the affected portion of Green Bay on July 4 and
August 9, 2014.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of this zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0539 to read as follows:
[[Page 40647]]
Sec. 165.T09-0539 Safety Zone; City of Menominee Fireworks; Green
Bay, Menominee, MI.
(a) Location. All waters of Green Bay, in the vicinity of Menominee
Marina within a 1000-foot radius of a position at 45[deg]6'26.3'' N and
087[deg]35'59.2'' W (NAD 83).
(b) Effective and enforcement periods. This rule is effective from
July 4, 2014 until August 9, 2014. This rule will be enforced with
actual notice from 9 p.m. until 10:30 p.m. on July 4, 2014, and from 9
p.m. until 10:30 p.m. on August 9, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port, Lake
Michigan or her designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Lake Michigan or her
designated on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan is any Coast Guard commissioned, warrant or petty officer
who has been designated by the Captain of the Port, Lake Michigan to
act on her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port, Lake Michigan or her on-
scene representative to obtain permission to do so. The Captain of the
Port, Lake Michigan or her on-scene representative may be contacted via
VHF Channel 16. Vessel operators given permission to enter or operate
in the safety zone must comply with all directions given to them by the
Captain of the Port, Lake Michigan or her on-scene representative.
Dated: June 30, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-16327 Filed 7-11-14; 8:45 am]
BILLING CODE 9110-04-P