81_FR_42375 81 FR 42250 - Safety Zone; Cornucopia Fireworks Display, Lake Superior, Cornucopia, WI

81 FR 42250 - Safety Zone; Cornucopia Fireworks Display, Lake Superior, Cornucopia, WI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 125 (June 29, 2016)

Page Range42250-42252
FR Document2016-15414

The Coast Guard is establishing a safety zone in Lake Superior near Bayfield, WI. This safety zone is intended to restrict vessels from specified waters in Lake Superior during the Bayfield Fourth of July Fireworks Display. This safety zone is necessary to protect spectators from the hazards associated with the fireworks display.

Federal Register, Volume 81 Issue 125 (Wednesday, June 29, 2016)
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Rules and Regulations]
[Pages 42250-42252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15414]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0584]
RIN 1625-AA00


Safety Zone; Cornucopia Fireworks Display, Lake Superior, 
Cornucopia, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone in Lake Superior 
near Bayfield, WI. This safety zone is intended to restrict vessels 
from specified waters in Lake Superior during the Bayfield Fourth of 
July Fireworks Display. This safety zone is necessary to protect 
spectators from the hazards associated with the fireworks display.

DATES: This rule is effective from 9:30 p.m. through 11:30 p.m. July 2, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 42251]]

available in the docket, go to http://www.regulations.gov, type USCG-
2016-0584 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade John Mack, Waterways management, 
MSU Duluth, Coast Guard; telephone 218-725-3818, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. Because the event is scheduled for 
July 2, 2016, there is insufficient time to accommodate the comment 
period. Thus, delaying the effective date of this rule to wait for the 
comment period to run would be both impracticable and contrary to 
public interest because it would inhibit the Coast Guard's ability to 
protect spectators and vessels from the hazards associated with the 
event.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest as it would 
inhibit the Coast Guard's ability to protect spectator and vessels from 
the hazards associated with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Duluth (COTP) has determined that 
potential hazards associated with fireworks displays starting at 10 
p.m. on July 2, 2016 will be a safety concern for anyone within a 420-
foot radius of the launch site. The likely combination of recreational 
vessels, darkness punctuated by bright flashes of light, and fireworks 
debris falling into the water presents risks of collisions which could 
result in serious injuries or fatalities. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone during the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:30 p.m. through 11:30 
p.m. July 2, 2016. The safety zone will cover all navigable waters 
within an area bounded by a circle with a 420-foot radius of the 
fireworks display launching site located in Cornucopia, WI at 
coordinates 46[deg]51'35'' N., 091[deg]06'15'' W. The duration of the 
zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters during the fireworks display. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Lake Superior in Cornucopia, WI for 2 
hours and during a time of year when commercial vessel traffic is 
normally low. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone and the rule 
allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. 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).

[[Page 42252]]

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (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 a safety zone lasting no more than 2 hours that will 
prohibit entry within a 420-foot radius from where a fireworks display 
will be conducted. 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.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0584 to read as follows:


Sec.  165.T09-0584  Safety zone; City of Bayfield Fourth of July 
Fireworks, Lake Superior, Bayfield, WI.

    (a) Location. All waters of Lake Superior within an area bounded by 
a circle with a 420-foot radius at position 46[deg]51'35'' N., 
091[deg]06'15'' W.
    (b) Effective period. This safety zone is effective from 9:30 p.m. 
through 11:30 p.m. on July 2, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Duluth, or his 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 Duluth or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his 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 Duluth or his 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 Duluth or his on-
scene representative.

    Dated: June 24, 2016.
A.H. Moore, Jr.
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2016-15414 Filed 6-28-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                42250            Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations

                                                SUMMARY:    The Coast Guard has issued a                end of the effective period of this                       No. 19, Waterfront Independence
                                                temporary deviation from the operating                  temporary deviation. This deviation                    Festival, from 9:15 p.m. to 10:15 p.m. on
                                                schedule that governs the US 50 (Harry                  from the operating regulations is                      July 4, 2016;
                                                W. Kelly Memorial) Bridge across the                    authorized under 33 CFR 117.35.                           No. 20, All American 4th of July, from
                                                Isle of Wight (Sinepuxent) Bay, mile 0.5,                 Dated: June 23, 2016.                                9 p.m. to 10 p.m. on July 2, 2016;
                                                at Ocean City, MD. The deviation is                                                                               No. 26, Grand Harbor Marina/Grand
                                                                                                        Hal R. Pitts,
                                                necessary to accommodate increased                                                                             Harbor Marina July 4th Celebration,
                                                                                                        Bridge Program Manager, Fifth Coast Guard              from 9 p.m. to 9:30 p.m. on July 2, 2016.
                                                vehicular traffic of the 2016 Ocean City
                                                                                                        District.                                                 No. 51, Evansville Freedom
                                                Fireworks presentation. This deviation
                                                                                                        [FR Doc. 2016–15296 Filed 6–28–16; 8:45 am]            Celebration, from 9:45 p.m. to 10:15
                                                allows the bridge to remain in the
                                                closed-to-navigation position.                          BILLING CODE 9110–04–P                                 p.m. on July 4, 2016;
                                                DATES: The deviation is effective from                                                                            The regulations for the Eighth Coast
                                                9:25 p.m. to 10:25 p.m. on Sunday, July                                                                        Guard District Annual Safety Zones,
                                                                                                        DEPARTMENT OF HOMELAND                                 § 165.801, Table 1, specifies the
                                                3, 2016.                                                SECURITY
                                                ADDRESSES: The docket for this
                                                                                                                                                               locations of these safety zones. As
                                                deviation, [USCG–2016–0539] is                                                                                 specified in § 165.23, during the
                                                                                                        Coast Guard                                            enforcement period, no vessel may
                                                available at http://www.regulations.gov.
                                                Type the docket number in the                                                                                  transit these safety zones without
                                                                                                        33 CFR Part 165                                        approval from the COTP or a COTP
                                                ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                                Click on Open Docket Folder on the line                                                                        designated representative. Sector Ohio
                                                                                                        [Docket No. USCG–2016–0547]                            Valley may be contacted on VHF–FM
                                                associated with this deviation.
                                                                                                                                                               radio channel 16 or phone at 1–800–
                                                FOR FURTHER INFORMATION CONTACT: If                     Eighth Coast Guard District Annual                     253–7465.
                                                you have questions on this temporary                    Safety Zones; Table 165; Sector Ohio                      This notice of enforcement is issued
                                                deviation, call or email Mr. Michael                    Valley                                                 under authority of 33 CFR 165.801 and
                                                Thorogood, Bridge Administration                                                                               5 U.S.C. 552(a). In addition to this
                                                Branch Fifth District, Coast Guard,                     AGENCY:  Coast Guard, DHS.
                                                                                                                                                               notice in the Federal Register, the Coast
                                                telephone 757–398–6557, email                           ACTION: Notice of enforcement of                       Guard will provide the maritime
                                                Michael.R.Thorogood@uscg.mil.                           regulations.                                           community with advance notification of
                                                SUPPLEMENTARY INFORMATION: The Town                                                                            this enforcement period via Local
                                                                                                        SUMMARY:   The Coast Guard will enforce
                                                of Ocean City, on behalf of the Maryland                recurring safety zones on navigable                    Notice to Mariners and updates via
                                                State Highway Administration, who                       waterways within the Sector Ohio                       Marine Information Broadcasts.
                                                owns the U.S. 50 (Harry W. Kelly                        Valley’s area of responsibility to protect             R.V. Timme,
                                                Memorial) Bridge across the Isle of                     vessels transiting the areas and event
                                                Wight (Sinepuxent) Bay, mile 0.5, at                                                                           Captain, U.S. Coast Guard, Captain of the
                                                                                                        spectators from the hazards associated                 Port Ohio Valley.
                                                Ocean City, MD, has requested a                         with fireworks displays requiring                      [FR Doc. 2016–15352 Filed 6–28–16; 8:45 am]
                                                temporary deviation from the current                    additional safety measures. During the
                                                operating regulations set out in 33 CFR                                                                        BILLING CODE 9110–04–P
                                                                                                        enforcement period, no vessels are
                                                117.559, to accommodate the increased                   allowed to enter, transit through, or
                                                vehicular traffic of the 2016 Ocean City                anchor in the safety zone, unless                      DEPARTMENT OF HOMELAND
                                                Fireworks presentation.                                 specifically authorized by the Captain of
                                                   Under this temporary deviation, the                                                                         SECURITY
                                                                                                        the Port Ohio Valley (COTP) or a COTP
                                                bridge will be closed-to-navigation from                                                                       Coast Guard
                                                                                                        designated representative.
                                                9:25 p.m. to 10:25 p.m. on July 3, 2016.
                                                The bridge is a double bascule bridge                   DATES: The regulations in 33 CFR
                                                                                                        165.801 Table 1, Eighth Coast Guard                    33 CFR Part 165
                                                and has a vertical clearance in the
                                                closed-to-navigation position of 13 feet                District, will be enforced from July 2,                [Docket No. USCG–2016–0584]
                                                above mean high water.                                  2016 through July 4, 2016 for the safety
                                                                                                                                                               RIN 1625–AA00
                                                   The Isle of Wight (Sinepuxent) Bay is                zones within Sector Ohio Valley
                                                used by recreational vessels. The Coast                 identified in the SUPPLEMENTARY                        Safety Zone; Cornucopia Fireworks
                                                Guard has carefully considered the                      INFORMATION.                                           Display, Lake Superior, Cornucopia, WI
                                                nature and volume of vessel traffic on                  FOR FURTHER INFORMATION CONTACT:     If
                                                the waterway in publishing this                                                                                AGENCY:    Coast Guard, DHS.
                                                                                                        you have questions about this notice of
                                                temporary deviation.                                                                                           ACTION:   Temporary final rule.
                                                                                                        enforcement, call or email Petty Officer
                                                   Vessels able to pass through the                     James Robinson, Sector Ohio Valley,                    SUMMARY:   The Coast Guard is
                                                bridge in the closed-to-navigation                      U.S. Coast Guard; telephone 502–779–                   establishing a safety zone in Lake
                                                position may do so at any time. The                     5347, email James.C.Robinson@                          Superior near Bayfield, WI. This safety
                                                bridge will be able to open in case of an               uscg.mil.                                              zone is intended to restrict vessels from
                                                emergency. The Coast Guard will also
                                                                                                        SUPPLEMENTARY INFORMATION:     The Coast               specified waters in Lake Superior
                                                inform the users of the waterway
                                                                                                        Guard will enforce the safety zones in                 during the Bayfield Fourth of July
                                                through our Local Notice and Broadcast
                                                                                                        33 CFR 165.801, Table 1, Nos. 14, 18,                  Fireworks Display. This safety zone is
                                                Notices to Mariners of the change in
                                                                                                                                                               necessary to protect spectators from the
mstockstill on DSK3G9T082PROD with RULES




                                                operating schedule for the bridge so that               19, 20, 26, and 51 as follows:
                                                                                                           No. 14, Riverview Park Independence                 hazards associated with the fireworks
                                                vessel operators can arrange their
                                                                                                        Festival, from 10 p.m. to 10:30 p.m. on                display.
                                                transits to minimize any impact caused
                                                by the temporary deviation.                             July 2, 2016;                                          DATES: This rule is effective from 9:30
                                                   In accordance with 33 CFR 117.35(e),                    No. 18, Louisville Bats Firework                    p.m. through 11:30 p.m. July 2, 2016.
                                                the drawbridge must return to its regular               Show, from 9:30 p.m. to 11 p.m. on July                ADDRESSES: To view documents
                                                operating schedule immediately at the                   3, 2016;                                               mentioned in this preamble as being


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                                                                 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations                                         42251

                                                available in the docket, go to http://                  associated with fireworks displays                     low. Moreover, the Coast Guard will
                                                www.regulations.gov, type USCG–2016–                    starting at 10 p.m. on July 2, 2016 will               issue Broadcast Notice to Mariners via
                                                0584 in the ‘‘SEARCH’’ box and click                    be a safety concern for anyone within a                VHF–FM marine channel 16 about the
                                                ‘‘SEARCH.’’ Click on Open Docket                        420-foot radius of the launch site. The                zone and the rule allows vessels to seek
                                                Folder on the line associated with this                 likely combination of recreational                     permission to enter the zone.
                                                rule.                                                   vessels, darkness punctuated by bright
                                                FOR FURTHER INFORMATION CONTACT: If                     flashes of light, and fireworks debris                 B. Impact on Small Entities
                                                you have questions on this rule, call or                falling into the water presents risks of
                                                                                                                                                                  The Regulatory Flexibility Act of
                                                email Lieutenant Junior Grade John                      collisions which could result in serious
                                                                                                                                                               1980, 5 U.S.C. 601–612, as amended,
                                                Mack, Waterways management, MSU                         injuries or fatalities. This rule is needed
                                                                                                        to protect personnel, vessels, and the                 requires Federal agencies to consider
                                                Duluth, Coast Guard; telephone 218–                                                                            the potential impact of regulations on
                                                725–3818, email John.V.Mack@uscg.mil.                   marine environment in the navigable
                                                                                                        waters within the safety zone during the               small entities during rulemaking. The
                                                SUPPLEMENTARY INFORMATION:                                                                                     term ‘‘small entities’’ comprises small
                                                                                                        fireworks display.
                                                I. Table of Abbreviations                                                                                      businesses, not-for-profit organizations
                                                                                                        IV. Discussion of the Rule                             that are independently owned and
                                                CFR Code of Federal Regulations
                                                DHS Department of Homeland Security                        This rule establishes a safety zone                 operated and are not dominant in their
                                                FR Federal Register                                     from 9:30 p.m. through 11:30 p.m. July                 fields, and governmental jurisdictions
                                                NPRM Notice of Proposed Rulemaking                      2, 2016. The safety zone will cover all                with populations of less than 50,000.
                                                § Section                                               navigable waters within an area                        The Coast Guard certifies under 5 U.S.C.
                                                U.S.C. United States Code                               bounded by a circle with a 420-foot                    605(b) that this rule will not have a
                                                                                                        radius of the fireworks display                        significant economic impact on a
                                                II. Background Information and
                                                                                                        launching site located in Cornucopia,                  substantial number of small entities.
                                                Regulatory History
                                                                                                        WI at coordinates 46°51′35″ N.,
                                                   The Coast Guard is issuing this                                                                                While some owners or operators of
                                                                                                        091°06′15″ W. The duration of the zone
                                                temporary rule without prior notice and                                                                        vessels intending to transit the safety
                                                                                                        is intended to protect personnel,
                                                opportunity to comment pursuant to                                                                             zone may be small entities, for the
                                                                                                        vessels, and the marine environment in
                                                authority under section 4(a) of the                     these navigable waters during the                      reasons stated in section V.A above, this
                                                Administrative Procedure Act (APA) (5                   fireworks display. No vessel or person                 rule will not have a significant
                                                U.S.C. 553(b)). This provision                          will be permitted to enter the safety                  economic impact on any vessel owner
                                                authorizes an agency to issue a rule                    zone without obtaining permission from                 or operator.
                                                without prior notice and opportunity to                 the COTP or a designated                                  Under section 213(a) of the Small
                                                comment when the agency for good                        representative.                                        Business Regulatory Enforcement
                                                cause finds that those procedures are                                                                          Fairness Act of 1996 (Pub. L. 104–121),
                                                ‘‘impracticable, unnecessary, or contrary               V. Regulatory Analyses
                                                                                                                                                               we want to assist small entities in
                                                to the public interest.’’ Under 5 U.S.C.                  We developed this rule after                         understanding this rule. If the rule
                                                553(b)(B), the Coast Guard finds that                   considering numerous statutes and                      would affect your small business,
                                                good cause exists for not publishing a                  Executive order related to rulemaking.                 organization, or governmental
                                                notice of proposed rulemaking (NPRM)                    Below we summarize our analyses                        jurisdiction and you have questions
                                                with respect to this rule because doing                 based on a number of these statutes and                concerning its provisions or options for
                                                so would be impracticable and contrary                  Executive orders, and we discuss First                 compliance, please contact the person
                                                to the public interest. Because the event               Amendment rights of protestors.
                                                                                                                                                               listed in the FOR FURTHER INFORMATION
                                                is scheduled for July 2, 2016, there is
                                                                                                        A. Regulatory Planning and Review                      CONTACT section.
                                                insufficient time to accommodate the
                                                comment period. Thus, delaying the                         Executive Orders 12866 and 13563                       Small businesses may send comments
                                                effective date of this rule to wait for the             direct agencies to assess the costs and                on the actions of Federal employees
                                                comment period to run would be both                     benefits of available regulatory                       who enforce, or otherwise determine
                                                impracticable and contrary to public                    alternatives and, if regulation is                     compliance with, Federal regulations to
                                                interest because it would inhibit the                   necessary, to select regulatory                        the Small Business and Agriculture
                                                Coast Guard’s ability to protect                        approaches that maximize net benefits.                 Regulatory Enforcement Ombudsman
                                                spectators and vessels from the hazards                 Executive Order 13563 emphasizes the                   and the Regional Small Business
                                                associated with the event.                              importance of quantifying both costs                   Regulatory Fairness Boards. The
                                                   We are issuing this rule, and under 5                and benefits, of reducing costs, of                    Ombudsman evaluates these actions
                                                U.S.C. 553(d)(3), the Coast Guard finds                 harmonizing rules, and of promoting                    annually and rates each agency’s
                                                that good cause exists for making it                    flexibility. This rule has not been                    responsiveness to small business. If you
                                                effective less than 30 days after                       designated a ‘‘significant regulatory                  wish to comment on actions by
                                                publication in the Federal Register.                    action,’’ under Executive Order 12866.                 employees of the Coast Guard, call 1–
                                                Delaying the effective date of this rule                Accordingly, it has not been reviewed                  888–REG–FAIR (1–888–734–3247). The
                                                would be contrary to public interest as                 by the Office of Management and
                                                                                                                                                               Coast Guard will not retaliate against
                                                it would inhibit the Coast Guard’s                      Budget.
                                                                                                           This regulatory action determination                small entities that question or complain
                                                ability to protect spectator and vessels                                                                       about this rule or any policy or action
                                                from the hazards associated with the                    is based on the size, location, duration,
                                                                                                                                                               of the Coast Guard.
mstockstill on DSK3G9T082PROD with RULES




                                                event.                                                  and time-of-year of the safety zone.
                                                                                                        Vessel traffic will be able to safely                  C. Collection of Information
                                                III. Legal Authority and Need for Rule                  transit around this safety zone which
                                                   The Coast Guard is issuing this rule                 will impact a small designated area of                   This rule will not call for a new
                                                under authority in 33 U.S.C. 1231. The                  Lake Superior in Cornucopia, WI for 2                  collection of information under the
                                                Captain of the Port Duluth (COTP) has                   hours and during a time of year when                   Paperwork Reduction Act of 1995 (44
                                                determined that potential hazards                       commercial vessel traffic is normally                  U.S.C. 3501–3520).


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                                                42252            Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations

                                                D. Federalism and Indian Tribal                         environmental analysis checklist                       Captain of the Port will be aboard either
                                                Governments                                             supporting this determination and a                    a Coast Guard or Coast Guard Auxiliary
                                                   A rule has implications for federalism               Categorical Exclusion Determination are                vessel. The Captain of the Port or his
                                                under Executive Order 13132,                            available in the docket where indicated                designated on-scene representative may
                                                Federalism, if it has a substantial direct              under ADDRESSES. We seek any                           be contacted via VHF Channel 16.
                                                effect on the States, on the relationship               comments or information that may lead                    (4) Vessel operators desiring to enter
                                                between the national government and                     to the discovery of a significant                      or operate within the safety zone shall
                                                the States, or on the distribution of                   environmental impact from this rule.                   contact the Captain of the Port Duluth
                                                power and responsibilities among the                                                                           or his on-scene representative to obtain
                                                                                                        G. Protest Activities
                                                various levels of government. We have                                                                          permission to do so. Vessel operators
                                                                                                          The Coast Guard respects the First                   given permission to enter or operate in
                                                analyzed this rule under that Order and                 Amendment rights of protesters.
                                                have determined that it is consistent                                                                          the safety zone must comply with all
                                                                                                        Protesters are asked to contact the                    directions given to them by the Captain
                                                with the fundamental federalism                         person listed in the FOR FURTHER
                                                principles and preemption requirements                                                                         of the Port Duluth or his on-scene
                                                                                                        INFORMATION CONTACT section to                         representative.
                                                described in Executive Order 13132.                     coordinate protest activities so that your
                                                   Also, this rule does not have tribal                                                                          Dated: June 24, 2016.
                                                                                                        message can be received without
                                                implications under Executive Order                      jeopardizing the safety or security of                 A.H. Moore, Jr.
                                                13175, Consultation and Coordination                    people, places or vessels.                             Commander, U.S. Coast Guard, Captain of
                                                with Indian Tribal Governments,                                                                                the Port Duluth.
                                                because it does not have a substantial                  List of Subjects in 33 CFR Part 165                    [FR Doc. 2016–15414 Filed 6–28–16; 8:45 am]
                                                direct effect on one or more Indian                       Harbors, Marine safety, Navigation                   BILLING CODE 9110–04–P
                                                tribes, on the relationship between the                 (water), Reporting and recordkeeping
                                                Federal Government and Indian tribes,                   requirements, Security measures,
                                                or on the distribution of power and                     Waterways.                                             DEPARTMENT OF HOMELAND
                                                responsibilities between the Federal                      For the reasons discussed in the                     SECURITY
                                                Government and Indian tribes. If you                    preamble, the Coast Guard amends 33
                                                believe this rule has implications for                                                                         Coast Guard
                                                                                                        CFR part 165 as follows:
                                                federalism or Indian tribes, please
                                                contact the person listed in the FOR                    PART 165—REGULATED NAVIGATION                          33 CFR Part 165
                                                FURTHER INFORMATION CONTACT section                     AREAS AND LIMITED ACCESS AREAS                         [Docket Number USCG–2016–0320]
                                                above.
                                                                                                        ■ 1. The authority citation for Part 165               RIN 1625–AA00
                                                E. Unfunded Mandates Reform Act                         continues to read as follows:
                                                  The Unfunded Mandates Reform Act                                                                             Safety Zone; Fourth of July Fireworks
                                                                                                          Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            North Myrtle Beach, SC
                                                of 1995 (2 U.S.C. 1531–1538) requires                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                Federal agencies to assess the effects of               Department of Homeland Security Delegation             AGENCY:    Coast Guard, DHS.
                                                their discretionary regulatory actions. In              No. 0170.1.                                            ACTION:   Temporary final rule.
                                                particular, the Act addresses actions
                                                that may result in the expenditure by a                 ■ 2. Add § 165.T09–0584 to read as                     SUMMARY:   The Coast Guard is
                                                State, local, or tribal government, in the              follows:                                               establishing a temporary safety zone on
                                                aggregate, or by the private sector of                  § 165.T09–0584 Safety zone; City of                    the navigable waters of Myrtle Beach,
                                                $100,000,000 (adjusted for inflation) or                Bayfield Fourth of July Fireworks, Lake                SC. This safety zone is necessary to
                                                more in any one year. Though this rule                  Superior, Bayfield, WI.                                protect the public from hazards
                                                will not result in such an expenditure,                    (a) Location. All waters of Lake                    associated with launching fireworks
                                                we do discuss the effects of this rule                  Superior within an area bounded by a                   over navigable waters of the United
                                                elsewhere in this preamble.                             circle with a 420-foot radius at position              States. This rule will prohibit persons
                                                F. Environment                                          46°51′35″ N., 091°06′15″ W.                            and vessels from being in the safety
                                                                                                           (b) Effective period. This safety zone              zone unless authorized by the Captain
                                                  We have analyzed this rule under                      is effective from 9:30 p.m. through 11:30              of the Port Charleston or a designated
                                                Department of Homeland Security                         p.m. on July 2, 2016.                                  representative.
                                                Management Directive 023–01 and                            (c) Regulations. (1) In accordance with
                                                Commandant Instruction M16475.lD,                                                                              DATES:   This rule is effective on July 4,
                                                                                                        the general regulations in § 165.23 of                 2016.
                                                which guide the Coast Guard in                          this part, entry into, transiting, or
                                                complying with the National                             anchoring within this safety zone is                   ADDRESSES:   To view documents
                                                Environmental Policy Act of 1969 (42                    prohibited unless authorized by the                    mentioned in this preamble as being
                                                U.S.C. 4321–4370f), and have                            Captain of the Port Duluth, or his                     available in the docket, go to http://
                                                determined that this action is one of a                 designated on-scene representative.                    www.regulations.gov, type USCG–2016–
                                                category of actions that do not                            (2) This safety zone is closed to all               0320 in the ‘‘SEARCH’’ box and click
                                                individually or cumulatively have a                     vessel traffic, except as may be                       ‘‘SEARCH.’’ Click on Open Docket
                                                significant effect on the human                         permitted by the Captain of the Port                   Folder on the line associated with this
                                                environment. This rule involves a safety                Duluth or his designated on-scene                      rule.
mstockstill on DSK3G9T082PROD with RULES




                                                zone lasting no more than 2 hours that                  representative.                                        FOR FURTHER INFORMATION CONTACT: If
                                                will prohibit entry within a 420-foot                      (3) The ‘‘on-scene representative’’ of              you have questions about this rule, call
                                                radius from where a fireworks display                   the Captain of the Port is any Coast                   or email Lieutenant John Downing,
                                                will be conducted. It is categorically                  Guard commissioned, warrant, or petty                  Sector Charleston Office of Waterways
                                                excluded from further review under                      officer who has been designated by the                 Management, Coast Guard; telephone
                                                paragraph 34(g) of Figure 2–1 of the                    Captain of the Port to act on his behalf.              (843) 740–3184, email John.Z.Downing@
                                                Commandant Instruction. An                              The on-scene representative of the                     uscg.mil.


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Document Created: 2018-02-08 07:42:41
Document Modified: 2018-02-08 07:42:41
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
ActionTemporary final rule.
DatesThis rule is effective from 9:30 p.m. through 11:30 p.m. July 2, 2016.
ContactIf you have questions on this rule, call or email Lieutenant Junior Grade John Mack, Waterways management, MSU Duluth, Coast Guard; telephone 218-725-3818, email [email protected]
FR Citation81 FR 42250 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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