[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Rules and Regulations]
[Pages 19203-19206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08345]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR PART 165

[Docket No. USCG-2015-0213]
RIN 1625-AA00


Safety Zone; Barge-Based Fireworks, Sturgeon Bay, Wisconsin

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Sturgeon Bay in Sturgeon Bay, Wisconsin. This safety zone is 
intended to restrict vessels from a portion of Sturgeon Bay due to a 
fireworks display. This temporary safety zone is necessary to protect 
the

[[Page 19204]]

surrounding public and vessels from the hazards associated with the 
fireworks display.

DATES: This rule is effective from 8:30 p.m. on May 15, 2015, until 
9:30 p.m. on May 16, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0213. 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 
Joseph.P.McCollum@uscg.mil. 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

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 “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 an NPRM 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. Specifically, the Coast Guard did not receive the 
final details for this event until March 4, 2015. 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 the public and 
vessels from the hazards associated with the barge-based fireworks 
display on May 15, 2015, which are discussed further below.

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 May 15, 2015, the Coast Guard anticipates that a tug and barge 
will be anchored in the vicinity of the Sturgeon Bay Yacht Harbor on 
the waters of Sturgeon Bay in Sturgeon Bay, Wisconsin for the purpose 
of launching a fireworks display. The Captain of the Port Lake Michigan 
has determined that this fireworks display 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 barge-
based fireworks display from the waters of Sturgeon Bay. This zone is 
effective from 8:30 p.m. on May 15, 2015, until 9:30 p.m. on May 16, 
2015. This zone will be enforced from 8:30 p.m. until 9:30 p.m. on May 
15, 2015. In the case that inclement weather forces a postponement of 
the fireworks display on May 15, 2015, this rule will be enforced from 
8:30 p.m. until 9:30 p.m. on May 16, 2015. The safety zone will 
encompass all waters of Sturgeon Bay, in the vicinity of Sturgeon Bay 
Yacht Harbor, within the arc of a circle with a 420-foot radius from 
the fireworks launch site, located on a barge in approximate position 
44°49.579′ N., 087°22.384′ 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 only one day. Under certain conditions, moreover, vessels 
may still transit through the safety 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 affected portion of Sturgeon Bay on May 15 
or May 16, 2015.
    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

[[Page 19205]]

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 
recordkeeping 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 §&thnsp;165.T09-0213 to read as follows:


§&thnsp;165.T09-0213  Safety Zone; Barge-based Fireworks, 
Sturgeon Bay, Wisconsin.

    (a) Location. All waters of Sturgeon Bay, in the vicinity of 
Sturgeon Bay Yacht Harbor, within the arc of a circle with a 420-foot 
radius from the fireworks launch site located on a barge in approximate 
position 44°49.579′ N., 087°22.384′ W. (NAD 83).
    (b) Effective and enforcement period. This zone is effective from 
8:30 p.m. on May 15, 2015, until 9:30 p.m. on May 16, 2015. This zone 
will be enforced from 8:30 p.m. until 9:30 p.m. on May 15, 2015. If the 
scheduled event is postponed due to inclement weather on May 15, 2015, 
this rule will be enforced from 8:30 p.m. until 9:30 p.m. on May 16, 
2015.
    (c) Regulations. (1) In accordance with the general regulations in 
§&thnsp;165.23 of this part, 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

[[Page 19206]]

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: March 30, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-08345 Filed 4-9-15; 8:45 am]
BILLING CODE 9110-04-P