[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Rules and Regulations]
[Pages 62570-62572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24917]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0916]
RIN 1625-AA87
Security Zone; Cruise Ship HAMBURG, Lake Michigan, Milwaukee, WI
and Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone on
Lake Michigan in the vicinity of both Milwaukee Harbor in Milwaukee, WI
and Chicago Harbor in Chicago, IL within a 500-yard radius of the
Cruise Ship HAMBURG. This security zone is intended to restrict vessels
from a portion of Lake Michigan during the transit of the Cruise Ship
HAMBURG to and from Milwaukee, WI and Chicago, IL. This security zone
is necessary to protect the Cruise Ship HAMBURG and its occupants
during its transit to and from Milwaukee, WI, and Chicago, IL.
DATES: This rule is effective without actual notice from October 20,
2014 until October 31, 2014 at 12:01 a.m. For the purposes of
enforcement, actual notice will be used from the date the rule was
signed, October 1, 2014, until October 20, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0916. 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 rule,
contact or email MST1 Joseph McCollum, U.S. Coast Guard Sector Lake
Michigan, at (414) 414-7148 or [email protected]. If you have
questions on viewing the docket, call Cheryl Collins, Program Manager,
Docket Operations, telephone (202) 366-9826.
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
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
[[Page 62571]]
``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
notice and comment period to run would be impracticable and contrary to
the public interest because it would inhibit the Coast Guard's ability
to safeguard the occupants onboard the Cruise Ship HAMBURG and the ship
itself.
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 regulated navigation areas and limited access areas: 33
U.S.C. 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. 0170.1.
The Cruise Ship HAMBURG is expected to arrive into the Port of
Milwaukee, Milwaukee, WI on October 1, 2014. Following the ship's
arrival to Milwaukee, the ship is expected to transit to the Port of
Chicago, Chicago, IL on October 2, 2014. Further, the ship is expected
to return to Lake Michigan and visit the Port of Milwaukee, WI and
Chicago, IL from October 11-27, 2014. Considering the number of
passengers aboard the Cruise Ship HAMBURG, the Captain of the Port Lake
Michigan has established this security zone to safeguard the occupants
of the ship, as well as the ship itself.
The Coast Guard anticipates that the security zone created by this
temporary rule will not be in effect on each day between October 1,
2014 and October 4, 2014 and on each day between October 11, 2014 and
October 27, 2014. Considering the unpredictability surrounding the
exact transit times of the Cruise Ship, this rule was written with a
wider range of dates and times to give the Coast Guard flexibility to
accommodate changes in the Cruise Ship's schedule between October 1,
2014 and October 4, 2014 and between October 11, 2014 and October 27,
2014.
C. Discussion of the Final Rule
The Captain of the Port Lake Michigan has determined that this
temporary security zone is necessary to ensure the safety of the Cruise
Ship HAMBURG and its occupants. This security zone will be effective
from 5 p.m. on October 1, 2014 until 12:01 a.m. on October 31, 2014 and
will be enforced intermittently with actual notice during this time.
This security zone will encompass all waters of Lake Michigan within a
500-yard radius of the Cruise Ship HAMBURG.
Entry into, transiting, or anchoring within this security zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or a designated on-scene representative. The Captain of the Port or a
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 security zone created by this rule will be
small and enforced for a short duration. Under certain conditions,
moreover, vessels may still transit through the security 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 portion of Lake Michigan near Milwaukee,
Wisconsin and Chicago, Illinois affected by the enforcement of the 500
yard security zone.
This security zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and
[[Page 62572]]
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 security 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 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; 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.T09-0916 to read as follows:
Sec. 165.T09-0916 Security Zone; Cruise Ship HAMBURG, Lake Michigan,
Milwaukee, WI and Chicago, IL.
(a) Location. All waters of Lake Michigan within a 500-yard radius
of the Cruise Ship HAMBURG.
(b) Effective and enforcement period. This rule is effective from 5
p.m. on October 1, 2014 until 12:01 a.m. on October 31, 2014. This rule
will be enforced intermittently with actual notice between October 1,
2014 and October 4, 2014 and between October 11, 2014 and October 27,
2014.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.33 of
this part, entry into this zone is prohibited, unless authorized by the
U.S. Coast Guard Captain of the Port Lake Michigan or an on-scene
representative. Other general requirements in Sec. 165.33 also apply.
(2) 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.
(3) Vessel operators desiring to enter or operate within the
security zone shall contact the Captain of the Port Lake Michigan or an
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 security zone must comply with all directions given to
them by the Captain of the Port Lake Michigan, or an on-scene
representative.
Dated: October 1, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-24917 Filed 10-17-14; 8:45 am]
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