80_FR_7998 80 FR 7968 - Safety Zone; Triathlon National Championships, Milwaukee Harbor, Milwaukee, Wisconsin

80 FR 7968 - Safety Zone; Triathlon National Championships, Milwaukee Harbor, Milwaukee, Wisconsin

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 30 (February 13, 2015)

Page Range7968-7970
FR Document2015-03074

The Coast Guard is establishing a safety zone within Milwaukee Harbor in Milwaukee, Wisconsin. This zone is intended to restrict vessels from a portion of Milwaukee Harbor due to the 2015 Olympic and Sprint Distance National Championships. This safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the 2015 Olympic and Sprint Distance National Championships.

Federal Register, Volume 80 Issue 30 (Friday, February 13, 2015)
[Federal Register Volume 80, Number 30 (Friday, February 13, 2015)]
[Rules and Regulations]
[Pages 7968-7970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03074]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0751]
RIN 1625-AA00


Safety Zone; Triathlon National Championships, Milwaukee Harbor, 
Milwaukee, Wisconsin

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone within Milwaukee 
Harbor in Milwaukee, Wisconsin. This zone is intended to restrict 
vessels from a portion of Milwaukee Harbor due to the 2015 Olympic and 
Sprint Distance National Championships. This safety zone is necessary 
to protect the surrounding public and vessels from the hazards 
associated with the 2015 Olympic and Sprint Distance National 
Championships.

DATES: This final rule is effective from August 1, 2015, until August 
30, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0751. 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 MST1 Joseph McCollum, Prevention Department, Coast Guard Sector 
Lake Michigan, Milwaukee, WI at (414) 747-7148 or by email at 
Joseph.P.McCollum@USCG.mil. If you have questions on viewing or 
submitting material to 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

    On December 30, 2014, The Coast Guard published an NPRM entitled 
Safety Zone; Triathlon National Championships, Milwaukee Harbor, 
Milwaukee, Wisconsin in the Federal Register (79 FR 78369). We did not 
receive any comments in response to the proposed rule. No public 
meeting was requested and none was held.

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.
    In 2014, the Coast Guard was informed that the Olympic and Sprint 
Distance National Championships are scheduled to return to Milwaukee 
Harbor in 2015. Within and around Milwaukee Harbor at Lakeshore inlet, 
this event is expected to involve thousands of participants competing 
in a swim race surrounded by thousands of spectators. The swim portion 
of this event is anticipated to occur on three days during the second 
week of August, 2015. The Captain of the Port Lake Michigan has 
determined that the likelihood of transiting watercraft during the swim 
competition involving a large number of competitors presents a 
significant risk of serious injuries or fatalities.

C. Discussion of Comments, Changes and the Final Rule

    The Captain of the Port Lake Michigan has determined that a safety 
zone is necessary to mitigate the aforementioned safety risks. Thus, 
this rule establishes a safety zone that encompasses all waters of 
Milwaukee Harbor, including Lakeshore inlet and the Marina at Pier 
Wisconsin, west of an imaginary line across the entrance to the Marina 
at Pier Wisconsin connecting coordinates 43[deg]02.253' N., 
087[deg]53.623' W. and 43[deg]01.737' N., 087[deg]53.727' W. (NAD 83).
    This rule will be effective from August 1, 2015, until August 30, 
2015. Additionally, the Coast Guard anticipates that this safety zone 
will be enforced from 10:30 a.m. until 2:30 p.m. on August 7; from 6:30 
a.m. until 4:30 p.m. on August 8, and from 6:30 a.m. until 11:30 a.m. 
on August 9, 2015. This 2015 enforcement schedule may change, and in 
the event of a change, the Captain of the Port Lake Michigan will issue 
a Notice of Enforcement with an updated enforcement schedule.
    The Captain of the Port Lake Michigan will notify the public that 
the zone in this rule is or will be enforced by all appropriate means 
to the affected segments of the public including publication in the 
Federal Register as practicable, in accordance with 33 CFR 165.7(a). 
Such means of notification may also include, but are not limited to 
Broadcast Notice to Mariners or Local Notice to Mariners.
    All persons and vessels shall comply with the instructions of the 
Captain of the Port Lake Michigan or her designated on-scene 
representative. 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

[[Page 7969]]

the Port Lake Michigan 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 or 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, 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. 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. Overall, we expect the 
economic impact of this rule to be minimal and that a full Regulatory 
Evaluation is unnecessary.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this rule would have 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 would 
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 within the waters of the marina at Pier Wisconsin or 
Lakeshore inlet during the times in which the safety zone is enforced 
in August of 2015.
    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 enforced for a limited time during the month of August; 
further, this safety zone has been designed to allow traffic to pass 
safely around the zone whenever possible, and vessels will be allowed 
to pass through the zone with the permission of the Captain of the 
Port.

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 so that they can better evaluate 
its effects on them and participate in the rulemaking process. If this 
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 FOR FURTHER 
INFORMATION CONTACT section, above. 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 calls for no 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 State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it 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 would 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 would not affect 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 would not create an 
environmental risk to health or risk to safety that might 
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 which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone and 
thus, is categorically excluded under paragraph (34)(g) of the 
Instruction. An environmental analysis checklist

[[Page 7970]]

supporting this 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 
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 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.T09-0751 to read as follows:


Sec.  165.T09-0751  Safety Zone; Triathlon National Championships, 
Milwaukee Harbor, Milwaukee, Wisconsin.

    (a) Location. The safety zone will encompass all waters of 
Milwaukee Harbor, including Lakeshore inlet and the marina at Pier 
Wisconsin, west of an imaginary line across the entrance to the Marina 
at Pier Wisconsin connecting coordinates 43[deg]02.253' N, 
087[deg]53.623' W and 43[deg]01.737' N, 087[deg]53.727' W (NAD 83).
    (b) Effective period. This safety zone is effective from August 1, 
2015, until August 30, 2015. The Coast Guard anticipates that this 
safety zone will be enforced from 10:30 a.m. until 2:30 p.m. on August 
7; from 6:30 a.m. until 4:30 p.m. on August 8, and from 6:30 a.m. until 
11:30 a.m. on August 9, 2015. This 2015 enforcement schedule may 
change, and in the event of a change, the Captain of the Port Lake 
Michigan will issue a Notice of Enforcement with an updated enforcement 
schedule.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring in 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 
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. The Captain of the Port Lake Michigan or her designated on-
scene representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Lake Michigan or her 
designated on-scene representative to obtain permission to do so. 
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: January 30, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-03074 Filed 2-12-15; 8:45 am]
BILLING CODE 9110-04-P



                                             7968                    Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Rules and Regulations

                                             ■ 3. In appendix C to part 4022, Rate Set                     Appendix C to Part 4022—Lump Sum
                                             257, as set forth below, is added to the                      Interest Rates for Private-Sector
                                             table.                                                        Payments
                                                                                                           *      *      *      *        *

                                                                                    For plans with a valuation                                                       Deferred annuities
                                                                                                                       Immediate
                                                                                              date                                                                       (percent)
                                                        Rate set                                                      annuity rate
                                                                                                                        (percent)
                                                                                    On or after       Before                                  i1              i2             i3           n1             n2


                                                        *                             *                     *                        *                       *                      *                *
                                             257 ................................    3–1–15           4–1–15             0.50                4.00            4.00           4.00          7              8



                                               Issued in Washington, DC, on this 6th day                   Building, 1200 New Jersey Avenue SE.,                    likelihood of transiting watercraft
                                             of February 2015.                                             Washington, DC 20590, between 9 a.m.                     during the swim competition involving
                                             Judith Starr,                                                 and 5 p.m., Monday through Friday,                       a large number of competitors presents
                                             General Counsel, Pension Benefit Guaranty                     except Federal holidays.                                 a significant risk of serious injuries or
                                             Corporation.                                                  FOR FURTHER INFORMATION CONTACT: If                      fatalities.
                                             [FR Doc. 2015–03050 Filed 2–12–15; 8:45 am]                   you have questions on this rule, contact                 C. Discussion of Comments, Changes
                                             BILLING CODE 7709–02–P                                        MST1 Joseph McCollum, Prevention                         and the Final Rule
                                                                                                           Department, Coast Guard Sector Lake
                                                                                                           Michigan, Milwaukee, WI at (414) 747–                       The Captain of the Port Lake
                                             DEPARTMENT OF HOMELAND                                        7148 or by email at                                      Michigan has determined that a safety
                                             SECURITY                                                      Joseph.P.McCollum@USCG.mil. If you                       zone is necessary to mitigate the
                                                                                                           have questions on viewing or submitting                  aforementioned safety risks. Thus, this
                                             Coast Guard                                                   material to the docket, call Cheryl                      rule establishes a safety zone that
                                                                                                           Collins, Program Manager, Docket                         encompasses all waters of Milwaukee
                                             33 CFR Part 165                                               Operations, telephone 202–366–9826.                      Harbor, including Lakeshore inlet and
                                                                                                                                                                    the Marina at Pier Wisconsin, west of an
                                             [Docket No. USCG–2014–0751]                                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                                    imaginary line across the entrance to the
                                             RIN 1625–AA00                                                 Table of Acronyms                                        Marina at Pier Wisconsin connecting
                                                                                                           DHS Department of Homeland Security
                                                                                                                                                                    coordinates 43°02.253′ N., 087°53.623′
                                             Safety Zone; Triathlon National                                                                                        W. and 43°01.737′ N., 087°53.727′ W.
                                                                                                           FR Federal Register
                                             Championships, Milwaukee Harbor,                              NPRM Notice of Proposed Rulemaking                       (NAD 83).
                                             Milwaukee, Wisconsin                                          TFR Temporary Final Rule                                    This rule will be effective from
                                                                                                                                                                    August 1, 2015, until August 30, 2015.
                                             AGENCY:       Coast Guard, DHS.                               A. Regulatory History and Information                    Additionally, the Coast Guard
                                             ACTION:      Final rule.                                        On December 30, 2014, The Coast                        anticipates that this safety zone will be
                                             SUMMARY:   The Coast Guard is                                 Guard published an NPRM entitled                         enforced from 10:30 a.m. until 2:30 p.m.
                                             establishing a safety zone within                             Safety Zone; Triathlon National                          on August 7; from 6:30 a.m. until 4:30
                                             Milwaukee Harbor in Milwaukee,                                Championships, Milwaukee Harbor,                         p.m. on August 8, and from 6:30 a.m.
                                             Wisconsin. This zone is intended to                           Milwaukee, Wisconsin in the Federal                      until 11:30 a.m. on August 9, 2015. This
                                             restrict vessels from a portion of                            Register (79 FR 78369). We did not                       2015 enforcement schedule may change,
                                             Milwaukee Harbor due to the 2015                              receive any comments in response to the                  and in the event of a change, the
                                             Olympic and Sprint Distance National                          proposed rule. No public meeting was                     Captain of the Port Lake Michigan will
                                             Championships. This safety zone is                            requested and none was held.                             issue a Notice of Enforcement with an
                                             necessary to protect the surrounding                                                                                   updated enforcement schedule.
                                                                                                           B. Basis and Purpose                                        The Captain of the Port Lake
                                             public and vessels from the hazards
                                             associated with the 2015 Olympic and                             The legal basis for this rule is the                  Michigan will notify the public that the
                                             Sprint Distance National                                      Coast Guard’s authority to establish                     zone in this rule is or will be enforced
                                             Championships.                                                safety zones: 33 U.S.C. 1231; 33 CFR                     by all appropriate means to the affected
                                                                                                           1.05–1, 160.5; Department of Homeland                    segments of the public including
                                             DATES:  This final rule is effective from                     Security Delegation No. 0170.1.                          publication in the Federal Register as
                                             August 1, 2015, until August 30, 2015.                           In 2014, the Coast Guard was                          practicable, in accordance with 33 CFR
                                             ADDRESSES: Documents mentioned in                             informed that the Olympic and Sprint                     165.7(a). Such means of notification
                                             this preamble are part of docket USCG–                        Distance National Championships are                      may also include, but are not limited to
                                             2014–0751. To view documents                                  scheduled to return to Milwaukee                         Broadcast Notice to Mariners or Local
                                             mentioned in this preamble as being                           Harbor in 2015. Within and around                        Notice to Mariners.
                                             available in the docket, go to http://                        Milwaukee Harbor at Lakeshore inlet,                        All persons and vessels shall comply
                                             www.regulations.gov, type the docket                          this event is expected to involve                        with the instructions of the Captain of
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                                             number in the ‘‘SEARCH’’ box and click                        thousands of participants competing in                   the Port Lake Michigan or her
                                             ‘‘SEARCH.’’ Click on Open Docket                              a swim race surrounded by thousands of                   designated on-scene representative.
                                             Folder on the line associated with this                       spectators. The swim portion of this                     Entry into, transiting, or anchoring
                                             rulemaking. You may also visit the                            event is anticipated to occur on three                   within the safety zone is prohibited
                                             Docket Management Facility in Room                            days during the second week of August,                   unless authorized by the Captain of the
                                             W12–140 on the ground floor of the                            2015. The Captain of the Port Lake                       Port Lake Michigan or her designated
                                             Department of Transportation West                             Michigan has determined that the                         on-scene representative. The Captain of


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                                                               Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Rules and Regulations                                          7969

                                             the Port Lake Michigan or her                           pass through the zone with the                        8. Taking of Private Property
                                             designated on-scene representative may                  permission of the Captain of the Port.                   This rule would not affect a taking of
                                             be contacted via VHF Channel 16.                                                                              private property or otherwise have
                                                                                                     3. Assistance for Small Entities
                                             D. Regulatory Analyses                                                                                        taking implications under Executive
                                                                                                        Under section 213(a) of the Small                  Order 12630, Governmental Actions and
                                               We developed this rule after
                                                                                                     Business Regulatory Enforcement                       Interference with Constitutionally
                                             considering numerous statutes and
                                             executive orders related to rulemaking.                 Fairness Act of 1996 (Pub. L. 104–121),               Protected Property Rights.
                                             Below we summarize our analyses                         we want to assist small entities in                   9. Civil Justice Reform
                                             based on these statutes or executive                    understanding this rule so that they can
                                                                                                     better evaluate its effects on them and                  This rule meets applicable standards
                                             orders.                                                                                                       in sections 3(a) and 3(b)(2) of Executive
                                                                                                     participate in the rulemaking process. If
                                             1. Regulatory Planning and Review                       this rule would affect your small                     Order 12988, Civil Justice Reform, to
                                                This rule is not a significant                       business, organization, or governmental               minimize litigation, eliminate
                                             regulatory action under section 3(f) of                 jurisdiction and you have questions                   ambiguity, and reduce burden.
                                             Executive Order 12866, Regulatory                       concerning its provisions or options for              10. Protection of Children
                                             Planning and Review, and does not                       compliance, please contact the person                   We have analyzed this rule under
                                             require an assessment of potential costs                listed in FOR FURTHER INFORMATION                     Executive Order 13045, Protection of
                                             and benefits under section 6(a)(3) of that              CONTACT section, above. The Coast                     Children from Environmental Health
                                             Order. The Office of Management and                     Guard will not retaliate against small                Risks and Safety Risks. This rule is not
                                             Budget has not reviewed it under that                   entities that question or complain about              an economically significant rule and
                                             Order. It is not ‘‘significant’’ under the              this rule or any policy or action of the              would not create an environmental risk
                                             regulatory policies and procedures of                   Coast Guard.                                          to health or risk to safety that might
                                             the Department of Homeland Security                                                                           disproportionately affect children.
                                             (DHS). We conclude that this rule is not                4. Collection of Information
                                             a significant regulatory action because                                                                       11. Indian Tribal Governments
                                                                                                       This rule calls for no new collection
                                             we anticipate that it will have minimal                 of information under the Paperwork                       This rule does not have tribal
                                             impact on the economy, will not                         Reduction Act of 1995 (44 U.S.C. 3501–                implications under Executive Order
                                             interfere with other agencies, will not                                                                       13175, Consultation and Coordination
                                                                                                     3520).
                                             adversely alter the budget of any grant                                                                       with Indian Tribal Governments,
                                             or loan recipients, and will not raise any              5. Federalism                                         because it does not have a substantial
                                             novel legal or policy issues. Overall, we                                                                     direct effect on one or more Indian
                                             expect the economic impact of this rule                    A rule has implications for federalism             tribes, on the relationship between the
                                             to be minimal and that a full Regulatory                under Executive Order 13132,                          Federal Government and Indian tribes,
                                             Evaluation is unnecessary.                              Federalism, if it has a substantial direct            or on the distribution of power and
                                                                                                     effect on State or local governments and              responsibilities between the Federal
                                             2. Impact on Small Entities                             would either preempt State law or                     Government and Indian tribes.
                                                Under the Regulatory Flexibility Act,                impose a substantial direct cost of
                                             5 U.S.C. 601–612, we have considered                    compliance on them. We have analyzed                  12. Energy Effects
                                             whether this rule would have significant                this rule under that Order and have                     This action is not a ‘‘significant
                                             economic impact on a substantial                        determined that it does not have                      energy action’’ under Executive Order
                                             number of small entities. The term                      implications for federalism.                          13211, Actions Concerning Regulations
                                             ‘‘small entities’’ comprises small                                                                            That Significantly Affect Energy Supply,
                                             businesses, not-for-profit organizations                6. Protest Activities
                                                                                                                                                           Distribution, or Use.
                                             that are independently owned and                          The Coast Guard respects the First
                                             operated and are not dominant in their                                                                        13. Technical Standards
                                                                                                     Amendment rights of protesters.
                                             fields, and governmental jurisdictions                  Protesters are asked to contact the                     This rule does not use technical
                                             with populations of less than 50,000.                   person listed in the FOR FURTHER                      standards. Therefore, we did not
                                             The Coast Guard certifies under 5 U.S.C.                INFORMATION CONTACT section to                        consider the use of voluntary consensus
                                             605(b) that this rule would not have a                  coordinate protest activities so that your            standards.
                                             significant economic impact on a                        message can be received without                       14. Environment
                                             substantial number of small entities.                   jeopardizing the safety or security of
                                                This rule will affect the following                                                                           We have analyzed this rule under
                                                                                                     people, places or vessels.                            Department of Homeland Security
                                             entities, some of which might be small
                                             entities: The owners or operators of                    7. Unfunded Mandates Reform Act                       Management Directive 023–01 and
                                             vessels intending to transit or anchor                                                                        Commandant Instruction M16475.lD,
                                             within the waters of the marina at Pier                   The Unfunded Mandates Reform Act                    which guide the Coast Guard in
                                             Wisconsin or Lakeshore inlet during the                 of 1995 (2 U.S.C. 1531–1538) requires                 complying with the National
                                             times in which the safety zone is                       Federal agencies to assess the effects of             Environmental Policy Act of 1969
                                             enforced in August of 2015.                             their discretionary regulatory actions. In            (NEPA) (42 U.S.C. 4321–4370f), and
                                                This safety zone will not have a                     particular, the Act addresses actions                 have determined that this action is one
                                             significant economic impact on a                        that may result in the expenditure by a               of a category of actions which do not
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                                             substantial number of small entities for                State, local, or tribal government, in the            individually or cumulatively have a
                                             the following reasons: This rule will be                aggregate, or by the private sector of                significant effect on the human
                                             enforced for a limited time during the                  $100,000,000 (adjusted for inflation) or              environment. This rule involves the
                                             month of August; further, this safety                   more in any one year. Though this rule                establishment of a safety zone and thus,
                                             zone has been designed to allow traffic                 would not result in such an                           is categorically excluded under
                                             to pass safely around the zone whenever                 expenditure, we do discuss the effects of             paragraph (34)(g) of the Instruction. An
                                             possible, and vessels will be allowed to                this rule elsewhere in this preamble.                 environmental analysis checklist


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                                             7970              Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Rules and Regulations

                                             supporting this determination is                        Captain of the Port Lake Michigan or her              published in the Federal Register on
                                             available in the docket where indicated                 designated on-scene representative.                   Tuesday, November 25, 2014 (79 FR
                                             under ADDRESSES. We seek any                               (3) The ‘‘on-scene representative’’ of             70099).
                                             comments or information that may lead                   the Captain of the Port Lake Michigan
                                             to the discovery of a significant                       is any Coast Guard commissioned,                      DATES:This document is effective on
                                             environmental impact from this rule.                    warrant, or petty officer who has been                February 13, 2015.
                                             List of Subjects in 33 CFR Part 165                     designated by the Captain of the Port                 FOR FURTHER INFORMATION CONTACT:   Rose
                                                                                                     Lake Michigan to act on her behalf. The               Quinto, (215) 814–2182 or by email at
                                               Harbors, Marine safety, Navigation                    Captain of the Port Lake Michigan or her              quinto.rose@.epa.gov.
                                             (water), Reporting and recordkeeping                    designated on-scene representative may
                                             requirements, Security measures,                        be contacted via VHF Channel 16.                      SUPPLEMENTARY INFORMATION:     On
                                             Waterways.                                                 (4) Vessel operators desiring to enter             November 25, 2014 (79 FR 70099), the
                                               For the reasons discussed in the                      or operate within the safety zone shall               Environmental Protection Agency (EPA)
                                             preamble, the Coast Guard amends 33                     contact the Captain of the Port Lake                  published a final rulemaking action
                                             CFR part 165 as follows:                                Michigan or her designated on-scene                   announcing the approval of West
                                                                                                     representative to obtain permission to                Virginia’s request to redesignate to
                                             PART 165—REGULATED NAVIGATION                                                                                 attainment the Martinsburg-Hagerstown,
                                             AREAS AND LIMITED ACCESS AREAS                          do so. Vessel operators given permission
                                                                                                     to enter or operate in the safety zone                WV-MD nonattainment area for the 1997
                                                                                                     must comply with all directions given to              annual PM2.5 NAAQS.
                                             ■ 1. The authority citation for part 165
                                             continues to read as follows:                           them by the Captain of the Port Lake                  Need for Correction
                                                                                                     Michigan or her on-scene
                                               Authority: 33 U.S.C. 1231; 46 U.S.C.
                                                                                                     representative.                                         As published, the final redesignation
                                             Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                           contains an error. EPA inadvertently
                                                                                                       Dated: January 30, 2014.
                                             Pub. L. 107–295, 116 Stat. 2064; Department                                                                   added the word ‘‘Moderate’’ in the table
                                                                                                     A.B. Cocanour,
                                             of Homeland Security Delegation No. 0170.1.                                                                   for the 1997 annual PM2.5 NAAQS. The
                                                                                                     Captain, U.S. Coast Guard, Captain of the             intent of the final rule was to
                                             ■ 2. Add § 165.T09–0751 to read as                      Port Lake Michigan.
                                                                                                                                                           redesignate the Area to attainment.
                                             follows:                                                [FR Doc. 2015–03074 Filed 2–12–15; 8:45 am]           Moderate is a classification for
                                             § 165.T09–0751 Safety Zone; Triathlon                   BILLING CODE 9110–04–P                                nonattainment areas. This action
                                             National Championships, Milwaukee                                                                             corrects the table of 40 CFR part 81 for
                                             Harbor, Milwaukee, Wisconsin.                                                                                 West Virginia’s 1997 annual PM2.5
                                                (a) Location. The safety zone will                   ENVIRONMENTAL PROTECTION                              NAAQS.
                                             encompass all waters of Milwaukee                       AGENCY
                                                                                                                                                           List of Subjects in 40 CFR Part 81
                                             Harbor, including Lakeshore inlet and
                                             the marina at Pier Wisconsin, west of an                40 CFR Part 81                                         Air pollution, National Parks,
                                             imaginary line across the entrance to the               [EPA–R03–OAR–2013–0690; FRL–9921–31–                  Wilderness areas.
                                             Marina at Pier Wisconsin connecting                     Region 3]                                                Dated: January 28, 2015.
                                             coordinates 43°02.253′ N, 087°53.623′ W
                                             and 43°01.737′ N, 087°53.727′ W (NAD                                                                          William C. Early,
                                                                                                     Approval and Promulgation of Air
                                             83).                                                    Quality Implementation Plans; West                    Acting Regional Administrator, EPA Region
                                                (b) Effective period. This safety zone                                                                     III.
                                                                                                     Virginia’s Redesignation Request and
                                             is effective from August 1, 2015, until                 Associated Maintenance Plan of the                      Accordingly, 40 CFR part 81 is
                                             August 30, 2015. The Coast Guard                        West Virginia Portion of the                          corrected by making the following
                                             anticipates that this safety zone will be               Martinsburg-Hagerstown, WV-MD                         correcting amendments:
                                             enforced from 10:30 a.m. until 2:30 p.m.                Nonattainment Area for the 1997
                                             on August 7; from 6:30 a.m. until 4:30                  Annual Fine Particulate Matter                        PART 81—DESIGNATION OF AREAS
                                             p.m. on August 8, and from 6:30 a.m.                    Standard; Correction                                  FOR AIR QUALITY PLANNING
                                             until 11:30 a.m. on August 9, 2015. This                                                                      PURPOSES
                                             2015 enforcement schedule may change,                   AGENCY:  Environmental Protection
                                             and in the event of a change, the                       Agency.                                               ■ 1. The authority citation for part 81
                                             Captain of the Port Lake Michigan will                  ACTION: Final rule; correcting                        continues to read as follows:
                                             issue a Notice of Enforcement with an                   amendments.                                               Authority: 42 U.S.C. 7401 et seq.
                                             updated enforcement schedule.
                                                (c) Regulations. (1) In accordance with              SUMMARY:   This document corrects an                  ■ 2. Section 81.349 is amended by
                                             the general regulations in § 165.23 of                  error in the rule language of a final rule            revising the entry for ‘‘Martinsburg, WV-
                                             this part, entry into, transiting, or                   pertaining to West Virginia’s request to              Hagerstown, MD: Berkeley County’’ at
                                             anchoring in this safety zone is                        redesignate to attainment the West                    the end of the table titled ‘‘West
                                             prohibited unless authorized by the                     Virginia portion of the Martinsburg-                  Virginia—1997 Annual PM2.5 NAAQS’’
                                             Captain of the Port Lake Michigan or her                Hagerstown, WV-MD nonattainment                       to read as follows:
                                             designated on-scene representative.                     area for the 1997 annual fine particulate
                                                (2) This safety zone is closed to all                matter (PM2.5) national ambient air                   § 81.349     West Virginia.
Rmajette on DSK2VPTVN1PROD with RULES




                                             vessel traffic except as permitted by the               quality standard (NAAQS), which was                   *        *    *      *        *




                                        VerDate Sep<11>2014   12:42 Feb 12, 2015   Jkt 235001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\13FER1.SGM   13FER1



Document Created: 2015-12-18 13:18:03
Document Modified: 2015-12-18 13:18:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective from August 1, 2015, until August 30, 2015.
ContactIf you have questions on this rule, contact MST1 Joseph McCollum, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747-7148 or by email at [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 7968 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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