80 FR 19203 - Safety Zone; Barge-Based Fireworks, Sturgeon Bay, Wisconsin

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 69 (April 10, 2015)

Page Range		19203-19206
FR Document		2015-08345

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

Federal Register, Volume 80 Issue 69 (Friday, April 10, 2015)

[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Rules and Regulations]
[Pages 19203-19206]
From the Federal Register Online [www.thefederalregister.org]
[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

Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 19203

Protesters are asked to contact the 13. Technical Standards (b) Enforcement period. This section
person listed in the FOR FURTHER This rule does not use technical will be enforced from 6:30 p.m. to 7:30
INTFORMATION CONTACT section to standards. Therefore, we did not p.m. on May 12, 2015. If the event
coordinate protest activities so that your consider the use of voluntary consensus concludes prior to the schedule
message can be received without standards. termination time, the COTP will cease
jeopardizing the safety or security of enforcement of this safety zone and will
people, places or vessels. 14. Environment announce that fact via Broadcast Notice
We have analyzed this rule under to Mariners.
7. Unfunded Mandates Reform Act
Department of Homeland Security (c) Definitions. The following
The Unfunded Mandates Reform Act Management Directive 023–01 and definition applies to this section:
of 1995 (2 U.S.C. 1531–1538) requires Commandant Instruction M16475.lD, designated representative means any
Federal agencies to assess the effects of which guide the Coast Guard in commissioned, warrant, or petty officer
their discretionary regulatory actions. In complying with the National of the Coast Guard on board Coast
particular, the Act addresses actions Environmental Policy Act of 1969 Guard, Coast Guard Auxiliary, or local,
that may result in the expenditure by a (NEPA) (42 U.S.C. 4321–4370f), and state, or federal law enforcement vessels
State, local, or tribal government, in the have determined that this action is one who have been authorized to act on the
aggregate, or by the private sector of of a category of actions that do not behalf of the Captain of the Port.
$100,000,000 (adjusted for inflation) or individually or cumulatively have a (d) Regulations. (1) Under the general
more in any one year. Though this rule significant effect on the human regulations in 33 CFR part 165, subpart
will not result in such an expenditure, environment. This rule involves the C, entry into, transit through or
we do discuss the effects of this rule establishment of a safety zone on the anchoring within this safety zone is
elsewhere in this preamble. navigable waters of San Diego Bay. This prohibited unless authorized by the
rule is categorically excluded from Captain of the Port of San Diego or his
8. Taking of Private Property designated representative.
further review under paragraph 34(g) of
Figure 2–1 of the Commandant (2) All persons and vessels shall
This rule will not cause a taking of
Instruction. An environmental analysis comply with the instructions of the
private property or otherwise have
checklist supporting this determination Coast Guard Captain of the Port or his
taking implications under Executive
and a Categorical Exclusion designated representative.
Order 12630, Governmental Actions and
Determination are available in the (3) Upon being hailed by U.S. Coast
Interference with Constitutionally
docket where indicated under Guard or designated patrol personnel by
Protected Property Rights.
ADDRESSES. We seek any comments or siren, radio, flashing light or other
9. Civil Justice Reform information that may lead to the means, the operator of a vessel shall
discovery of a significant environmental proceed as directed.
This rule meets applicable standards (4) The Coast Guard may be assisted
in sections 3(a) and 3(b)(2) of Executive impact from this rule.
by other federal, state, or local agencies
Order 12988, Civil Justice Reform, to List of Subjects in 33 CFR Part 165 in patrol and notification of the
minimize litigation, eliminate Harbors, Marine safety, Navigation regulation.
ambiguity, and reduce burden. (water), Reporting and recordkeeping Dated: April 1, 2015.
10. Protection of Children requirements, Security measures, J.A. Janszen,
Waterways. Commander, U.S. Coast Guard, Acting,
We have analyzed this rule under For the reasons discussed in the Captain of the Port San Diego.
Executive Order 13045, Protection of preamble, the Coast Guard amends 33 [FR Doc. 2015–08347 Filed 4–9–15; 8:45 am]
Children from Environmental Health CFR part 165 as follows: BILLING CODE 9110–04–P
Risks and Safety Risks. This rule is not
an economically significant rule and PART 165—REGULATED NAVIGATION
does not create an environmental risk to AREAS AND LIMITED ACCESS AREAS DEPARTMENT OF HOMELAND
health or risk to safety that may
■ 1. The authority citation for part 165 SECURITY
disproportionately affect children.
continues to read as follows: Coast Guard
11. Indian Tribal Governments
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C
This rule does not have tribal Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR PART 165
implications under Executive Order 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of [Docket No. USCG–2015–0213]
13175, Consultation and Coordination
with Indian Tribal Governments, Homeland Security Delegation No. 0170.01. RIN 1625–AA00
because it does not have a substantial ■ 2. Add § 165.T11–689 to read as
direct effect on one or more Indian follows: Safety Zone; Barge-Based Fireworks,
tribes, on the relationship between the Sturgeon Bay, Wisconsin
§ 165.T11–689 Safety zone; Naval
Federal Government and Indian tribes, Helicopter Association (NHA) Red Bull AGENCY: Coast Guard, DHS.
or on the distribution of power and Helicopter Demonstration; San Diego Bay, ACTION: Temporary final rule.
responsibilities between the Federal San Diego, CA.
Government and Indian tribes. (a) Location. The safety zone will SUMMARY: The Coast Guard is
rljohnson on DSK3VPTVN1PROD with RULES

12. Energy Effects encompass the navigable waters establishing a temporary safety zone on
encompassed by the following the waters of Sturgeon Bay in Sturgeon
This action is not a ‘‘significant coordinates (North American Datum of Bay, Wisconsin. This safety zone is
energy action’’ under Executive Order 1983, World Geodetic System, 1984): intended to restrict vessels from a
13211, Actions Concerning Regulations 32°43.05 N, 117°10.54 W, 32°43.05 N, portion of Sturgeon Bay due to a
That Significantly Affect Energy Supply, 117°10.46 W, 32°43.33 N, 117°10.54 W, fireworks display. This temporary safety
Distribution, or Use. 32°43.33 N, 117°10.46 W. zone is necessary to protect the

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Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 19205

listed in the FOR FURTHER INFORMATION taking implications under Executive Determination are available in the
CONTACT section above. Order 12630, Governmental Actions and docket where indicated under
Small businesses may send comments Interference with Constitutionally ADDRESSES. We seek any comments or
on the actions of Federal employees Protected Property Rights. information that may lead to the
who enforce, or otherwise determine discovery of a significant environmental
9. Civil Justice Reform
compliance with, Federal regulations to impact from this rule.
the Small Business and Agriculture This rule meets applicable standards
Regulatory Enforcement Ombudsman in sections 3(a) and 3(b)(2) of Executive List of Subjects in 33 CFR Part 165
and the Regional Small Business Order 12988, Civil Justice Reform, to Harbors, Marine safety, Navigation
Regulatory Fairness Boards. The minimize litigation, eliminate (water), Reporting and recordkeeping
Ombudsman evaluates these actions ambiguity, and reduce burden. requirements, Security measures,
annually and rates each agency’s Waterways.
10. Protection of Children
responsiveness to small business. If you For the reasons discussed in the
wish to comment on actions by We have analyzed this rule under preamble, the Coast Guard amends 33
employees of the Coast Guard, call 1– Executive Order 13045, Protection of CFR parts 165 as follows:
888–REG–FAIR (1–888–734–3247). The Children from Environmental Health
Coast Guard will not retaliate against Risks and Safety Risks. This rule is not PART 165—REGULATED NAVIGATION
small entities that question or complain an economically significant rule and AREAS AND LIMITED ACCESS AREAS
about this rule or any policy or action does not create an environmental risk to
health or risk to safety that may ■ 1. The authority citation for Part 165
of the Coast Guard.
disproportionately affect children. continues to read as follows:
4. Collection of Information Authority: 33 U.S.C. 1231; 46 U.S.C.
11. Indian Tribal Governments
This rule will not call for a new Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
collection of information under the This rule does not have tribal 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Paperwork Reduction Act of 1995 (44 implications under Executive Order Pub. L. 107–295, 116 Stat. 2064; Department
13175, Consultation and Coordination of Homeland Security Delegation No. 0170.1.
U.S.C. 3501–3520).
with Indian Tribal Governments, ■ 2. Add § 165.T09–0213 to read as
5. Federalism because it does not have a substantial follows:
A rule has implications for federalism direct effect on one or more Indian
under Executive Order 13132, tribes, on the relationship between the § 165.T09–0213 Safety Zone; Barge-based
Federalism, if it has a substantial direct Federal Government and Indian tribes, Fireworks, Sturgeon Bay, Wisconsin.
effect on the States, on the relationship or on the distribution of power and (a) Location. All waters of Sturgeon
between the national government and responsibilities between the Federal Bay, in the vicinity of Sturgeon Bay
the States, or on the distribution of Government and Indian tribes. Yacht Harbor, within the arc of a circle
power and responsibilities among the with a 420-foot radius from the
12. Energy Effects
various levels of government. We have fireworks launch site located on a barge
analyzed this rule under that Order and This action is not a ‘‘significant in approximate position 44°49.579′ N.,
determined that this rule does not have energy action’’ under Executive Order 087°22.384′ W. (NAD 83).
implications for federalism. 13211, Actions Concerning Regulations (b) Effective and enforcement period.
That Significantly Affect Energy Supply, This zone is effective from 8:30 p.m. on
6. Protest Activities Distribution, or Use. May 15, 2015, until 9:30 p.m. on May
The Coast Guard respects the First 16, 2015. This zone will be enforced
13. Technical Standards
Amendment rights of protesters. from 8:30 p.m. until 9:30 p.m. on May
Protesters are asked to contact the This rule does not use technical 15, 2015. If the scheduled event is
person listed in the FOR FURTHER standards. Therefore, we did not postponed due to inclement weather on
INFORMATION CONTACT section to consider the use of voluntary consensus May 15, 2015, this rule will be enforced
coordinate protest activities so that your standards. from 8:30 p.m. until 9:30 p.m. on May
message can be received without 14. Environment 16, 2015.
jeopardizing the safety or security of (c) Regulations. (1) In accordance with
people, places, or vessels. We have analyzed this rule under the general regulations in § 165.23 of
Department of Homeland Security this part, entry into, transiting, or
7. Unfunded Mandates Reform Act Management Directive 023–01 and anchoring within this safety zone is
The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, prohibited unless authorized by the
of 1995 (2 U.S.C. 1531–1538) requires which guide the Coast Guard in Captain of the Port Lake Michigan or her
Federal agencies to assess the effects of complying with the National designated on-scene representative.
their discretionary regulatory actions. In Environmental Policy Act of 1969 (2) This safety zone is closed to all
particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and vessel traffic, except as may be
that may result in the expenditure by a have determined that this action is one permitted by the Captain of the Port
State, local, or tribal government, in the of a category of actions that do not Lake Michigan or her designated on-
aggregate, or by the private sector of individually or cumulatively have a scene representative.
$100,000,000 (adjusted for inflation) or significant effect on the human (3) The ‘‘on-scene representative’’ of
more in any one year. Though this rule environment. This rule involves the the Captain of the Port Lake Michigan
rljohnson on DSK3VPTVN1PROD with RULES

will not result in such an expenditure, establishment of a safety zone and, is any Coast Guard commissioned,
we do discuss the effects of this rule therefore it is categorically excluded warrant or petty officer who has been
elsewhere in this preamble. from further review under paragraph designated by the Captain of the Port
34(g) of Figure 2–1 of the Commandant Lake Michigan to act on her behalf.
8. Taking of Private Property Instruction. An environmental analysis (4) Vessel operators desiring to enter
This rule will not cause a taking of checklist supporting this determination or operate within the safety zone must
private property or otherwise have and a Categorical Exclusion contact the Captain of the Port Lake

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19206 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations

Michigan or her on-scene representative Standard (NAAQS) as submitted by the NAAQS by June 15, 2010, a reasonably
to obtain permission to do so. The District of Columbia, the State of available control measures (RACM)
Captain of the Port Lake Michigan or her Maryland, and the Commonwealth of analysis, and contingency measures for
on-scene representative may be Virginia as revisions to each of their failure to attain. In addition, the
contacted via VHF Channel 16. Vessel State Implementation Plans (SIPs). EPA submission included the transportation
operators given permission to enter or has determined that each of the three conformity 2008, 2009, and 2010 year
operate in the safety zone must comply SIP revisions including specifically the MVEBs associated with the RFP plan,
with all directions given to them by the attainment demonstration, contingency the attainment demonstration and
Captain of the Port Lake Michigan or her measures and MVEBs meet the contingency measures, respectively. The
on-scene representative. applicable requirements of the Clean Air District of Columbia Department of the
Dated: March 30, 2015. Act (CAA or Act), and EPA is approving Environment (DDOE), the Maryland
each revision. Department of the Environment (MDE),
A.B. Cocanour,
DATES: This final rule is effective on and the Virginia Department of
Captain, U.S. Coast Guard, Captain of the Environmental Quality (VADEQ)
Port Lake Michigan. May 11, 2015.
ADDRESSES: EPA has established a (hereafter referred to as the three States)
[FR Doc. 2015–08345 Filed 4–9–15; 8:45 am] jointly developed the June 2007 SIP
docket for this action under Docket ID
BILLING CODE 9110–04–P
Number EPA–R03–OAR–2013–0132. All revisions.1
documents in the docket are listed in These elements of the Washington
the www.regulations.gov Web site. Area 8-hour ozone plan were required
LIBRARY OF CONGRESS Although listed in the electronic docket, for the Washington Area by sections
some information is not publicly 172(c), 182(a), and 182(b)(1) of the CAA
Copyright Office due to the classification of the
available, i.e., confidential business
information (CBI) or other information Washington Area as a moderate ozone
37 CFR Part 202 nonattainment area under the 1997
whose disclosure is restricted by statute.
ozone NAAQS. The boundaries of the
Preregistration and Registration of Certain other material, such as
Washington Area are defined in the
Claims to Copyright copyrighted material, is not placed on
tables for ‘‘1997 8-Hour Ozone NAAQS
the Internet and will be publicly
CFR Correction (Primary and Secondary)’’ in 40 CFR
available only in hard copy form.
81.309, 81.321 and 81.347.2
In Title 37 of the Code of Federal Publicly available docket materials are On September 11, 2011 (76 FR 58116),
Regulations, revised as of July 1, 2014, available either electronically through EPA approved portions of the June 2007
on page 614, in § 202.2, in paragraph www.regulations.gov or in hard copy for SIP revisions for the three States
(b)(1), the second copyright symbol, public inspection during normal including the 2002 base year emissions
following the words ‘‘. . . or, in the case business hours at the Air Protection inventory, 15% RFP plan and associated
of a sound recording, the symbol’’, is Division, U.S. Environmental Protection MVEBs for 2008, RFP contingency
corrected to read ‘‘Å’’. Agency, Region III, 1650 Arch Street, measures, and the RACM analysis. In
[FR Doc. 2015–08383 Filed 4–9–15; 8:45 am] Philadelphia, Pennsylvania 19103. this rulemaking action, EPA is
BILLING CODE 1505–01–D Copies of the State submittal are approving the remaining portions of the
available at the District of Columbia. June 2007 SIP revisions for the 1997
Department of the Environment, Air ozone NAAQS including the attainment
Quality Division, 1200 1st Street NE., demonstration, the contingency
ENVIRONMENTAL PROTECTION
5th Floor, Washington, DC 20002; the measures, and the associated 2009 and
AGENCY
Maryland Department of the 2010 year MVEBs.3 In a March 20, 2013
40 CFR Part 52 Environment, 1800 Washington notice of proposed rulemaking (the
Boulevard, Suite 705, Baltimore, March 20, 2013 NPR), EPA proposed to
[EPA–R03–OAR–2013–0132; FRL–9925–27– Maryland 21230; and the Virginia approve these remaining elements of the
Region–3] Department of Environmental Quality, June 2007 SIP revisions. 78 FR 17161.
629 East Main Street, Richmond,
Approval and Promulgation of Air
Virginia 23219. 1 The three States developed and submitted the
Quality Implementation Plans; District ‘‘Plan to Improve Air Quality in the Washington,
FOR FURTHER INFORMATION CONTACT:
of Columbia, Maryland, and Virginia; DC-MD-VA Region, State Implementation Plan (SIP)
Attainment Demonstration for the 1997 Christopher Cripps, (215) 814–2179, or for 8-Hour Ozone Standard, Moderate Area SIP’’
8-Hour Ozone National Ambient Air by email at cripps.christopher@epa.gov. (hereafter the Washington Area 8-hour ozone plan).
Quality Standard for the Washington, SUPPLEMENTARY INFORMATION: 2 Effective July 20, 2012 (77 FR 30088, May 21,

2012), EPA designated and classified nonattainment
DC-MD-VA Moderate Nonattainment I. Background areas under the 2008 ozone NAAQS codified at 40
Area CFR 50.15 for most areas of the country including
The District of Columbia, the State of the Washington Area. The Washington Area was
AGENCY: Environmental Protection Maryland, and the Commonwealth of designated as nonattainment and classified as
Agency (EPA). Virginia submitted formal SIP revisions marginal nonattainment. The boundaries of the
ozone nonattainment area classified as moderate
ACTION: Final rule. on June 12, 2007, June 4, 2007, and June under the 1997 ozone NAAQS are the same as those
12, 2007, respectively (hereafter the of the ozone nonattainment area classified as
SUMMARY: The Environmental Protection June 2007 SIP revisions). These June marginal under the 2008 ozone NAAQS. See 40
Agency (EPA) is approving the 2007 SIP revisions were submitted to CFR 81.309, 81.321 and 81.347. Hereafter, when
referring to the Washington Area in relation to SIP
rljohnson on DSK3VPTVN1PROD with RULES

attainment demonstration and address CAA requirements for the 1997 requirements required solely due to the 2008 ozone
associated contingency measures and ozone NAAQS and included the 2002 NAAQS, the term ‘‘Washington 2008 Ozone
motor vehicle emission budgets base year emissions inventory, the 15 Nonattainment Area’’ will be used.
3 The attainment demonstration was required
(MVEBs) for the Washington, DC-MD- percent reasonable further progress plan
under 40 CFR 51.908 to demonstrate attainment of
VA, moderate ozone nonattainment area (RFP) (15% RFP plan), RFP contingency the 1997 ozone NAAQS by the applicable
(Washington Area) for the 1997 8-hour measures, an attainment demonstration attainment date of June 15, 2010 (the June 2010
ozone National Ambient Air Quality to show attainment of the 1997 ozone attainment date).

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Document Created: 2018-02-21 10:08:29
Document Modified: 2018-02-21 10:08:29

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 8:30 p.m. on May 15, 2015, until 9:30 p.m. on May 16, 2015.
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&commat;uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 1-800-647-5527.
FR Citation		80 FR 19203
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

80 FR 19203 - Safety Zone; Barge-Based Fireworks, Sturgeon Bay, Wisconsin

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 69 (April 10, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard