[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Rules and Regulations]
[Pages 34001-34004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14486]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0470]
RIN 1625-AA00
Safety Zone; Grand Marais Splash-In, West Bay, Lake Superior,
Grand Marais, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
West Bay, on Lake Superior, Grand Marais, MI. This safety zone is
intended to restrict vessel traffic from a portion of West Bay during
the Grand Marais Splash-In Sea Plane Competition.
DATES: This rule is effective from 2 p.m. to 5 p.m. on June 19, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0470 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0470 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, 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, call or e-mail BMC Gregory Ford, Marine Event
Coordinator, U.S. Coast Guard Sector Sault Sainte Marie; telephone 906-
635-3222, e-mail [email protected]. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 34002]]
Regulatory 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 a notice of proposed rulemaking (NPRM)
with respect to this rule because the permit application was not
received in time to publish an NPRM followed by a final rule before the
effective date and immediate action is necessary to prevent possible
loss of life or property due to the potential hazards associated with
the sea plane competition.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event and immediate action is necessary to
prevent possible loss of life or property.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with sea planes taking-
off, flying and landing in the area. The Captain of the Port Sault
Sainte Marie has determined an aircraft competition with sea planes
flying and landing in close proximity to watercraft pose significant
risk to public safety and property. The likely combination of large
numbers of recreation vessels, congested waterways, alcohol use, and
debris falling from the sky into the water presents a significant risk
of serious injuries or fatalities. Establishing a safety zone to
control vessel movement around the location of the competition and
landing area will help ensure the safety of persons and property at
these events and help minimize the associated risks.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the performance of flight maneuvers and
water landings in conjunction with the Grand Marias Splash In. This
event will occur between 2 p.m. and 5 p.m. on June 19, 2010.
The safety zone for the Grand Marais Splash-In will encompass the
southern portion of West Bay. The zone will be bound to the north by a
line beginning 100 feet south-southeast of the Lake Street Boat Launch,
extending 5280 feet to the east on a true bearing of 080 degrees. The
eastern boundary will then be formed by a line drawn to the shoreline
on a true bearing of 170 degrees. The western and southern boundaries
of the zone will be bound by the shoreline of West Bay. The zone is
bound by the coordinates 46[deg]40'22.98'' N/ 085[deg]59'00.78'' W,
46[deg]40'32.04'' N 085[deg]57'46.14'' W and 46[deg]40'19.68'' N
085[deg]57'43.08'' W [DATUM: NAD 83], with the West Bay shoreline
forming the South and West boundaries of the zone.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Sector
Sault Sainte Marie, or his on-scene representative. The Captain of the
Port or his on-scene representative may be contacted via VHF Channel
16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This 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.
This determination is based on the minimal time of three hours that
vessels will be restricted from the zone. The Coast Guard expects
insignificant adverse impact to mariners from the zones' activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 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 may be
small entities: the owners and operators of vessels intending to
transit or anchor in a portion of Lake Superior off Grand Marais,
Michigan between 2 p.m. and 5 p.m. on June 19, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
rule will be in effect for three hours on one day, and the majority of
marinas, piers and wharfs in the area are located on the northern
shoreline of West Bay. The Safety Zone will allow vessels to move
freely between these areas and Lake Superior. In the event that this
temporary safety zone affects shipping, commercial vessels may request
permission from the Captain of the Port Sault Sainte Marie to transit
through the safety zone. The Coast Guard will give notice to the public
via a Broadcast Notice to Mariners that the regulation is in effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This 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
[[Page 34003]]
compliance on them. We have analyzed this 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 (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.
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.
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.
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.
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.
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction because this rule involves the establishment of a
temporary safety zone. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 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.
0
2. Add new temporary Sec. 165.T09-0470 as follows:
Sec. 165.T09-0470 Safety Zone; Grand Marais Splash-In, West Bay, Lake
Superior, Grand Marais, MI.
(a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of West Bay, Lake Superior, Grand Marais, MI
bound to the north by a line beginning 100 feet south-southeast of the
Lake Street Boat Launch, extending 5280 feet to the east on a true
bearing of 080 degrees. The eastern boundary will then be formed by a
line drawn to the shoreline on a true bearing of 170 degrees. The
western and southern boundaries of the zone will be bound by the
shoreline of West Bay. The zone is bound by the coordinates
46[deg]40'22.98'' N 085[deg]59'00.78'' W, 46[deg]40'32.04'' N
085[deg]57'46.14'' W, and 46[deg]40'19.68'' N 085[deg]57'43.08'' W
[DATUM: NAD 83], with the West Bay shoreline forming the South and West
boundaries of the zone.
(b) Effective period. This regulation will be enforced from 2 p.m.
to 5 p.m. on June 19, 2010.
(1) The Captain of the Port, Sector Sault Sainte Marie may suspend
at any time the enforcement of any safety zone established under this
section.
(2) The Captain of the Port, Sector Sault Sainte Marie, will notify
the public of the enforcement and suspension of enforcement of a safety
zone established by this section via any means that will provide as
much notice as possible to the public. These means might include some
or all of those listed in 33 CFR 165.7(a). The primary method of
notification, however, will be through Broadcast Notice to Mariners and
Local Notice to Mariners.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring within an enforced
safety zone established by this section is prohibited unless authorized
by the Captain of the Port, Sector Sault Sainte Marie, or his on-scene
representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Sault Sainte Marie, or
his on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Sault Sainte Marie, is any Coast Guard commissioned, warrant or
petty officer who has been designated by the Captain
[[Page 34004]]
of the Port, Sector Sault Sainte Marie, to act on his behalf. The on-
scene representative of the Captain of the Port, Sector Sault Sainte
Marie, is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port to act on his behalf.
(4) Vessel operators desiring to enter or operate within an
enforced safety zone shall contact the Captain of the Port, Sector
Sault Sainte Marie, or his on-scene representative to obtain permission
to do so. The Captain of the Port, Sector Sault Sainte Marie, or his
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,
Sector Sault Sainte Marie, or his on-scene representative.
Dated: June 2, 2010.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2010-14486 Filed 6-15-10; 8:45 am]
BILLING CODE 9110-04-P