[Federal Register: June 4, 2009 (Volume 74, Number 106)]
[Proposed Rules]
[Page 26823-26826]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn09-26]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0342]
RIN 1625-AA00
Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend 33 CFR Part 165 to amend the
rules that restrict vessels from portions of water areas during events
that pose a hazard to public safety. The safety zones proposed in this
rulemaking are necessary to protect spectators, participants, and
vessels from the hazards associated with fireworks displays, air shows,
and other events.
DATES: Comments and related materials must reach the Coast Guard on or
before July 6, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0342 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand Delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call BM2 Adam Kraft, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at (414) 747-7154. If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0342), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0342'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0342 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. 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.,
[[Page 26824]]
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
This rule proposes the amendment of regulations in Sec. 165.929,
Annual Events requiring safety zones in the Captain of the Port Lake
Michigan zone. This rule proposes the removal of three events that do
not require establishment of a safety zone; revising the location of
three safety zones, revising the enforcement date and time of two
safety zones; and the addition of three recurring safety zones. These
safety zones are necessary to protect vessels and people from the
hazards associated with fireworks displays. Such hazards include
obstructions to the waterway that may cause marine casualties and the
explosive danger of fireworks and debris falling into the water that
may cause death or serious bodily harm.
Discussion of Proposed Rule
The proposed rule and associated safety zones are necessary to
ensure the safety of vessels and people during events in the Captain of
the Port Lake Michigan area of responsibility that may pose a hazard to
the public. The proposed safety zones will be enforced only immediately
before and during events that pose a hazard to the public. If the event
concludes prior to the scheduled termination time, the Coast Guard will
cease enforcement of the safety zone and will announce that fact via
Broadcast Notice to Mariners or Local Notice to Mariners.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
The Coast Guard's use of these safety zones will be periodic in
nature, of short duration, and designed to minimize the impact on
navigable waters. These safety zones will only be enforced immediately
before and during the time the events are occurring. Furthermore, these
safety zones have been designed to allow vessels to transit
unrestricted to portions of the waterways not affected by the safety
zones. The Coast Guard expects insignificant adverse impact to mariners
from the activation of these safety zones.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners and operators of vessels
intending to transit or anchor in the areas designated as safety zones
during the dates and times the safety zones are being enforced. These
safety zones would not have a significant economic impact on a
substantial number of small entities for the following reasons. The
safety zones in this proposed rule would be in effect for short periods
of time and only once per year. The safety zones have been designed to
allow traffic to pass safely around the zone whenever possible and
vessels will be allowed to pass through the zones with the permission
of the Captain of the Port.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 BM2 Adam Kraft, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7154. 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.
Collection of Information
This proposed rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for Federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for Federalism.
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 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule will not effect the taking of private property
or otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
[[Page 26825]]
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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.
Indian Tribal Governments
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these safety zones and fishing rights
protection need not be incompatible. We have also determined that this
Proposed 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. Nevertheless, Indian
Tribes that have questions concerning the provisions of this Proposed
Rule or options for compliance are encouraged to contact the point of
contact listed under FOR FURTHER INFORMATION CONTACT.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive 023-
01, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
environmental analysis check list supporting this preliminary
determination is 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 proposed
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 proposes
to amend 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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. In Sec. 165.929 make the following amendments:
a. In paragraph (a)(4), revise paragraph (ii).
b. In paragraph (a)(11), revise paragraph (i).
c. In paragraph (a)(15), revise paragraph (ii).
d. In paragraph (a)(26), revise paragraph (i).
e. In paragraph (a), revise paragraph (33).
f. In paragraph (a), remove and reserve paragraph (37).
g. In paragraph (a), revise paragraph (38).
h. In paragraph (a)(49), revise paragraph (i).
i. In paragraph (a), add paragraph (67).
The amendments read as follows:
Sec. 165.929 Safety Zones; Annual events requiring safety zones in
the Captain of the Port Lake Michigan zone.
(a) * * *
(4) * * *
(ii) Enforcement date and time. The second Saturday of May; 8 a.m.
to 5 p.m.
* * * * *
(11) * * *
(i) Location. All waters of the Grand River within the arc of a
circle with a 500-foot radius from the fireworks launch site located on
a barge in position 43[deg]04'24'' N, 086[deg]12'17'' W (NAD 83).
* * * * *
(15) * * *
(i) * * *
(ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m., July 4;
9 p.m. to 11 p.m., and July 5; 9 p.m. to 11 p.m.
* * * * *
(26) * * *
(i) Location. All waters of Muskegon Lake within the arc of a
circle with a 1,000-foot radius from a fireworks launch site located on
a barge in position 43[deg]14'13'' N, 086[deg]15'54'' W (NAD 83).
* * * * *
(33) New Buffalo Independence Day Fireworks; New Buffalo, IN.
(i) Location. All waters of Lake Michigan and New Buffalo Harbor
within the arc of a circle with a 1,000-foot radius from the fireworks
launch site located in position 41[deg]48'09'' N, 086[deg]44'49'' W
(NAD 83).
(ii) Enforcement date and time. The first Friday after July 4; 9
p.m. to 11 p.m.
* * * * *
(37) [Reserved]
(38) Gills Rock July 4th Fireworks; Gills Rock, WI.
(i) Location. All waters of Green Bay, in the vicinity of Hedgehog
Harbor, within the arc of a circle with a 800-foot radius from the
fireworks launch site located on a in position 45[deg]17'20'' N,
087[deg]01'32'' W (NAD 83).
(ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks
[[Page 26826]]
are cancelled due to inclement weather, then this section will be
enforced July 5; 9 p.m. to 11 p.m.
* * * * *
(49) * * *
(i) Location. All waters of Muskegon Lake within the arc of a
circle with a 1,000-foot radius from a fireworks barge located in
position 43[deg]14'13'' N, 086[deg]15'54'' W (NAD 83).
* * * * *
(67) Sister Bay Marina Fest Fireworks; Sister Bay, WI.
(i) Location. All waters of Green Bay, in the vicinity of Sister
Bay, within the arc of a circle with a 800-foot radius from the
fireworks launch site located on a boat in position 45[deg]11'30'' N,
087[deg]07'20'' W (NAD 83).
(ii) Enforcement date and time. The Saturday prior to Labor Day; 9
p.m. to 11 p.m.
* * * * *
Dated: May 7, 2009.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E9-12985 Filed 6-3-09; 8:45 am]
BILLING CODE 4910-15-P