81_FR_42641 81 FR 42515 - Safety Zone; City of Bayfield Fourth of July Fireworks, Lake Superior, Bayfield, WI

81 FR 42515 - Safety Zone; City of Bayfield Fourth of July Fireworks, Lake Superior, Bayfield, WI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 126 (June 30, 2016)

Page Range42515-42517
FR Document2016-15438

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 126 (Thursday, June 30, 2016)
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42515-42517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15438]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0481]
RIN 1625-AA00


Safety Zone; City of Bayfield Fourth of July Fireworks, Lake 
Superior, Bayfield, 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 p.m. through 11 p.m. July 4, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0481 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

[[Page 42516]]

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 4, 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 9:30 
p.m. on July 4, 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 p.m. through 11 p.m. 
July 4, 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 Hancock, MI at coordinates 
46[deg]48'40'' N., 090[deg]48'32'' 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 the Keweenaw Waterway in Hancock, MI 
for 1 hour 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).

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

[[Page 42517]]

$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 record 
keeping 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.T09-0481 to read as follows:


Sec.  165.T09-0481  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]48'40'' N., 
090[deg]48'32'' W.
    (b) Effective period. This safety zone is effective from 9 p.m. 
through 11 p.m. on July 4, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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. 2016-15438 Filed 6-29-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                         42515

                                              INFORMATION CONTACT   section to                        between the hours of 6:00 p.m. and                     DEPARTMENT OF HOMELAND
                                              coordinate protest activities so that your              11:00 p.m.                                             SECURITY
                                              message can be received without                            (5) American Pyrotechnic Association
                                              jeopardizing the safety or security of                                                                         Coast Guard
                                                                                                      Convention fireworks display, New
                                              people, places or vessels.                              Orleans, LA—(i) Location. All waters of
                                                                                                                                                             33 CFR Part 165
                                              List of Subjects in 33 CFR Part 165                     the Lower Mississippi River from mile
                                                                                                      marker 94.0 to mile marker 95.0 Above                  [Docket No. USCG–2016–0481]
                                                Marine safety, Navigation (water),
                                              Reporting and recordkeeping                             Head of Passes.                                        RIN 1625–AA00
                                              requirements, Security measures,                           (ii) Effective date and time. September
                                              Waterways.                                              23, 2016, for one hour in the evening                  Safety Zone; City of Bayfield Fourth of
                                                For the reasons discussed in the                      between the hours of 6:00 p.m. and                     July Fireworks, Lake Superior,
                                              preamble, the Coast Guard amends 33                     11:00 p.m.                                             Bayfield, WI
                                              CFR part 165 as follows:                                   (b) Regulations. (1) In accordance                  AGENCY:    Coast Guard, DHS.
                                                                                                      with the general regulations in § 165.23,              ACTION:   Temporary final rule.
                                              PART 165—REGULATED NAVIGATION
                                              AREAS AND LIMITED ACCESS AREAS                          entry into these zones is prohibited
                                                                                                      unless specifically authorized by the                  SUMMARY:   The Coast Guard is
                                                                                                                                                             establishing a safety zone in Lake
                                              ■ 1. The authority citation for part 165                Captain of the Port (COTP) New Orleans
                                                                                                                                                             Superior near Bayfield, WI. This safety
                                              continues to read as follows:                           or designated personnel. Designated
                                                                                                                                                             zone is intended to restrict vessels from
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             personnel include Commissioned,
                                                                                                                                                             specified waters in Lake Superior
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Warrant and Petty Officers of the U.S.                 during the Bayfield Fourth of July
                                              Department of Homeland Security Delegation              Coast Guard assigned to units under the                Fireworks Display. This safety zone is
                                              No. 0170.1.                                             operational control of USCG Sector New                 necessary to protect spectators from the
                                              ■ 2. Add § 165.T08–0340 to read as                      Orleans. For each event, the COTP New                  hazards associated with the fireworks
                                              follows:                                                Orleans Designated Representative will                 display.
                                                                                                      be announced via Marine Safety
                                              § 165.T08–0340 Safety Zones; Captain of                 Information Bulletin and Notice to                     DATES: This rule is effective from 9 p.m.
                                              the Port New Orleans Zone; New Orleans to                                                                      through 11 p.m. July 4, 2016.
                                                                                                      Mariners.
                                              Baton Rouge, LA.                                                                                               ADDRESSES: To view documents
                                                (a) Safety zones. The following areas                    (2) Vessels requiring deviation from                mentioned in this preamble as being
                                              are safety zones:                                       this rule must request permission from                 available in the docket, go to http://
                                                (1) U.S. Travel Association fireworks                 the COTP New Orleans or a COTP New                     www.regulations.gov, type USCG–2016–
                                              display, New Orleans, LA—(i) Location.                  Orleans designated representative. They                0481 in the ‘‘SEARCH’’ box and click
                                              All waters of the Lower Mississippi                     may be contacted via the U.S. Coast                    ‘‘SEARCH.’’ Click on Open Docket
                                              River from mile marker 95.7 to mile                     Guard Sector New Orleans Command                       Folder on the line associated with this
                                              marker 96.7 Above Head of Passes.                       Center, via VHF–FM Channel 16 or by                    rule.
                                                (ii) Effective date and time. June 22,                phone at (504) 365–2200.                               FOR FURTHER INFORMATION CONTACT: If
                                              2016, for one hour in the evening                          (3) Persons and vessels permitted to                you have questions on this rule, call or
                                              between the hours of 6:00 p.m. and                      deviate from this safety zone regulation               email Lieutenant Junior Grade John
                                              11:00 p.m.                                                                                                     Mack, Waterways management, MSU
                                                                                                      and enter the restricted areas must
                                                (2) St. John the Baptist Independence                                                                        Duluth, Coast Guard; telephone 218–
                                                                                                      transit at the slowest safe speed and
                                              Day Celebration fireworks display,                                                                             725–3818, email John.V.Mack@uscg.mil.
                                              Edgard, LA—(i) Location. All waters of                  comply with all lawful directions issued
                                                                                                      by the COTP New Orleans or the                         SUPPLEMENTARY INFORMATION:
                                              the Lower Mississippi River from mile
                                              marker 137.5 to mile marker 138.5                       designated representative.                             I. Table of Abbreviations
                                              Above Head of Passes.                                      (c) Information broadcasts. The COTP
                                                                                                                                                             CFR Code of Federal Regulations
                                                (ii) Effective date and time. June 30,                New Orleans or designated                              DHS Department of Homeland Security
                                              2016, for one hour in the evening                       representative will inform the public                  FR Federal Register
                                              between the hours of 6:00 p.m. and                      through broadcast notices to mariners of               NPRM Notice of proposed rulemaking
                                              11:00 p.m.                                              the enforcement periods for the safety                 § Section
                                                (3) L’Auberge Casino Independence                     zones as well as any changes in the                    U.S.C. United States Code
                                              Day Celebration fireworks display,                      planned schedules.                                     II. Background Information and
                                              Baton Rouge, LA—(i) Location. All
                                                                                                        Dated: June 22, 2016.                                Regulatory History
                                              waters of the Lower Mississippi River
                                              from mile marker 216.0 to mile 217.0                    P.C. Schifflin,                                           The Coast Guard is issuing this
                                              Above Head of Passes.                                   Captain, U.S. Coast Guard, Captain of the              temporary rule without prior notice and
                                                 (ii) Effective date and time. July 4,                Port New Orleans.                                      opportunity to comment pursuant to
                                              2016, for one hour in the evening                       [FR Doc. 2016–15440 Filed 6–29–16; 8:45 am]            authority under section 4(a) of the
                                              between the hours of 6:00 p.m. and                      BILLING CODE 9110–04–P
                                                                                                                                                             Administrative Procedure Act (APA) (5
                                              11:00 p.m.                                                                                                     U.S.C. 553(b)). This provision
                                                 (4) City of Mandeville Independence                                                                         authorizes an agency to issue a rule
srobinson on DSK5SPTVN1PROD with RULES




                                              Day Celebration fireworks display,                                                                             without prior notice and opportunity to
                                              Mandeville, LA—(i) Location. All waters                                                                        comment when the agency for good
                                              of Lake Pontchartrain extending 600 feet                                                                       cause finds that those procedures are
                                              in any direction from 30° 21.200 N.,                                                                           ‘‘impracticable, unnecessary, or contrary
                                              090° 04.500 W.                                                                                                 to the public interest.’’ Under 5 U.S.C.
                                                (ii) Effective date and time. July 4,                                                                        553(b)(B), the Coast Guard finds that
                                              2016, for one hour in the evening                                                                              good cause exists for not publishing a


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                                              42516              Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations

                                              notice of proposed rulemaking (NPRM)                    based on a number of these statutes and                compliance, please contact the person
                                              with respect to this rule because doing                 Executive orders, and we discuss First                 listed in the FOR FURTHER INFORMATION
                                              so would be impracticable and contrary                  Amendment rights of protestors.                        CONTACT section.
                                              to the public interest. Because the event                                                                         Small businesses may send comments
                                                                                                      A. Regulatory Planning and Review                      on the actions of Federal employees
                                              is scheduled for July 4, 2016, there is
                                              insufficient time to accommodate the                       Executive Orders 12866 and 13563                    who enforce, or otherwise determine
                                              comment period. Thus, delaying the                      direct agencies to assess the costs and                compliance with, Federal regulations to
                                              effective date of this rule to wait for the             benefits of available regulatory                       the Small Business and Agriculture
                                              comment period to run would be both                     alternatives and, if regulation is                     Regulatory Enforcement Ombudsman
                                              impracticable and contrary to public                    necessary, to select regulatory                        and the Regional Small Business
                                              interest because it would inhibit the                   approaches that maximize net benefits.                 Regulatory Fairness Boards. The
                                              Coast Guard’s ability to protect                        Executive Order 13563 emphasizes the                   Ombudsman evaluates these actions
                                              spectators and vessels from the hazards                 importance of quantifying both costs                   annually and rates each agency’s
                                              associated with the event.                              and benefits, of reducing costs, of                    responsiveness to small business. If you
                                                 We are issuing this rule, and under 5                harmonizing rules, and of promoting                    wish to comment on actions by
                                              U.S.C. 553(d)(3), the Coast Guard finds                 flexibility. This rule has not been                    employees of the Coast Guard, call 1–
                                              that good cause exists for making it                    designated a ‘‘significant regulatory                  888–REG–FAIR (1–888–734–3247). The
                                              effective less than 30 days after                       action,’’ under Executive Order 12866.                 Coast Guard will not retaliate against
                                              publication in the Federal Register.                    Accordingly, it has not been reviewed                  small entities that question or complain
                                              Delaying the effective date of this rule                by the Office of Management and                        about this rule or any policy or action
                                              would be contrary to public interest as                 Budget.                                                of the Coast Guard.
                                              it would inhibit the Coast Guard’s                         This regulatory action determination
                                              ability to protect spectator and vessels                is based on the size, location, duration,              C. Collection of Information
                                              from the hazards associated with the                    and time-of-year of the safety zone.                     This rule will not call for a new
                                              event.                                                  Vessel traffic will be able to safely                  collection of information under the
                                                                                                      transit around this safety zone which                  Paperwork Reduction Act of 1995 (44
                                              III. Legal Authority and Need for Rule                  will impact a small designated area of                 U.S.C. 3501–3520).
                                                 The Coast Guard is issuing this rule                 the Keweenaw Waterway in Hancock,
                                              under authority in 33 U.S.C. 1231. The                  MI for 1 hour and during a time of year                D. Federalism and Indian Tribal
                                              Captain of the Port Duluth (COTP) has                   when commercial vessel traffic is                      Governments
                                              determined that potential hazards                       normally low. Moreover, the Coast                         A rule has implications for federalism
                                              associated with fireworks displays                      Guard will issue Broadcast Notice to                   under Executive Order 13132,
                                              starting at 9:30 p.m. on July 4, 2016 will              Mariners via VHF–FM marine channel                     Federalism, if it has a substantial direct
                                              be a safety concern for anyone within a                 16 about the zone and the rule allows                  effect on the States, on the relationship
                                              420-foot radius of the launch site. The                 vessels to seek permission to enter the                between the national government and
                                              likely combination of recreational                      zone.                                                  the States, or on the distribution of
                                              vessels, darkness punctuated by bright                                                                         power and responsibilities among the
                                                                                                      B. Impact on Small Entities                            various levels of government. We have
                                              flashes of light, and fireworks debris
                                              falling into the water presents risks of                   The Regulatory Flexibility Act of                   analyzed this rule under that Order and
                                              collisions which could result in serious                1980, 5 U.S.C. 601–612, as amended,                    have determined that it is consistent
                                              injuries or fatalities. This rule is needed             requires Federal agencies to consider                  with the fundamental federalism
                                              to protect personnel, vessels, and the                  the potential impact of regulations on                 principles and preemption requirements
                                              marine environment in the navigable                     small entities during rulemaking. The                  described in Executive Order 13132.
                                              waters within the safety zone during the                term ‘‘small entities’’ comprises small                   Also, this rule does not have tribal
                                              fireworks display.                                      businesses, not-for-profit organizations               implications under Executive Order
                                                                                                      that are independently owned and                       13175, Consultation and Coordination
                                              IV. Discussion of the Rule                              operated and are not dominant in their                 with Indian Tribal Governments,
                                                 This rule establishes a safety zone                  fields, and governmental jurisdictions                 because it does not have a substantial
                                              from 9 p.m. through 11 p.m. July 4,                     with populations of less than 50,000.                  direct effect on one or more Indian
                                              2016. The safety zone will cover all                    The Coast Guard certifies under 5 U.S.C.               tribes, on the relationship between the
                                              navigable waters within an area                         605(b) that this rule will not have a                  Federal Government and Indian tribes,
                                              bounded by a circle with a 420-foot                     significant economic impact on a                       or on the distribution of power and
                                              radius of the fireworks display                         substantial number of small entities.                  responsibilities between the Federal
                                              launching site located in Hancock, MI at                   While some owners or operators of                   Government and Indian tribes. If you
                                              coordinates 46°48′40″ N., 090°48′32″ W.                 vessels intending to transit the safety                believe this rule has implications for
                                              The duration of the zone is intended to                 zone may be small entities, for the                    federalism or Indian tribes, please
                                              protect personnel, vessels, and the                     reasons stated in section V.A above, this              contact the person listed in the FOR
                                              marine environment in these navigable                   rule will not have a significant                       FURTHER INFORMATION CONTACT section
                                              waters during the fireworks display. No                 economic impact on any vessel owner                    above.
                                              vessel or person will be permitted to                   or operator.
                                                                                                         Under section 213(a) of the Small                   E. Unfunded Mandates Reform Act
                                              enter the safety zone without obtaining
                                              permission from the COTP or a                           Business Regulatory Enforcement                          The Unfunded Mandates Reform Act
srobinson on DSK5SPTVN1PROD with RULES




                                              designated representative.                              Fairness Act of 1996 (Pub. L. 104–121),                of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                      we want to assist small entities in                    Federal agencies to assess the effects of
                                              V. Regulatory Analyses                                  understanding this rule. If the rule                   their discretionary regulatory actions. In
                                                We developed this rule after                          would affect your small business,                      particular, the Act addresses actions
                                              considering numerous statutes and                       organization, or governmental                          that may result in the expenditure by a
                                              Executive order related to rulemaking.                  jurisdiction and you have questions                    State, local, or tribal government, in the
                                              Below we summarize our analyses                         concerning its provisions or options for               aggregate, or by the private sector of


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                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                               42517

                                              $100,000,000 (adjusted for inflation) or                § 165.T09–0481 Safety Zone; City of                    July 4, 2016. This action is necessary to
                                              more in any one year. Though this rule                  Bayfield Fourth of July Fireworks, Lake                protect spectators during the Duluth
                                              will not result in such an expenditure,                 Superior, Bayfield, WI.                                Fourth Fest Fireworks show. During the
                                              we do discuss the effects of this rule                     (a) Location. All waters of Lake                    enforcement period, entry into,
                                              elsewhere in this preamble.                             Superior within an area bounded by a                   transiting, or anchoring within the
                                                                                                      circle with a 420-foot radius at position              safety zone is prohibited unless
                                              F. Environment                                          46°48′40″ N., 090°48′32″ W.                            authorized by the Captain of the Port
                                                We have analyzed this rule under                         (b) Effective period. This safety zone              Duluth or his designated on-scene
                                              Department of Homeland Security                         is effective from 9 p.m. through 11 p.m.               representative.
                                              Management Directive 023–01 and                         on July 4, 2016.
                                                                                                                                                             DATES: The regulations in 33 CFR
                                                                                                         (c) Regulations. (1) In accordance with
                                              Commandant Instruction M16475.lD,                                                                              165.943(b) will be enforced from 9:30
                                                                                                      the general regulations in § 165.23, entry
                                              which guide the Coast Guard in                                                                                 p.m. through 11:30 p.m. on July 4, 2016.
                                                                                                      into, transiting, or anchoring within this
                                              complying with the National                                                                                    FOR FURTHER INFORMATION CONTACT: If
                                                                                                      safety zone is prohibited unless
                                              Environmental Policy Act of 1969 (42                                                                           you have questions about this notice of
                                                                                                      authorized by the Captain of the Port
                                              U.S.C. 4321–4370f), and have                                                                                   enforcement, call or email Lieutenant
                                                                                                      Duluth, or his designated on-scene
                                              determined that this action is one of a                                                                        Junior Grade John Mack, Waterways
                                                                                                      representative.
                                              category of actions that do not                                                                                Management Division, Coast Guard;
                                                                                                         (2) This safety zone is closed to all
                                              individually or cumulatively have a                                                                            telephone (218) 725–3818, email
                                                                                                      vessel traffic, except as may be
                                              significant effect on the human                                                                                John.V.Mack@uscg.mil.
                                                                                                      permitted by the Captain of the Port
                                              environment. This rule involves a safety                                                                       SUPPLEMENTARY INFORMATION: The Coast
                                                                                                      Duluth or his designated on-scene
                                              zone lasting no more than 2 hours that                                                                         Guard will enforce a safety zone for the
                                                                                                      representative.
                                              will prohibit entry within a 420-foot                      (3) The ‘‘on-scene representative’’ of              annual Duluth Fourth Fest fireworks
                                              radius from where a fireworks display                   the Captain of the Port is any Coast                   display in 33 CFR 165.943(a)(3) from
                                              will be conducted. It is categorically                  Guard commissioned, warrant, or petty                  9:30 p.m. until 11:30 p.m. July 4, 2016.
                                              excluded from further review under                      officer who has been designated by the                 This safety zone will include all U.S.
                                              paragraph 34(g) of Figure 2–1 of the                    Captain of the Port to act on his behalf.              navigable waters of the Duluth Harbor
                                              Commandant Instruction. An                              The on-scene representative of the                     Basin Northern Section within a 840
                                              environmental analysis checklist                        Captain of the Port will be aboard either              foot radius of position 46°46′14″ N.,
                                              supporting this determination and a                     a Coast Guard or Coast Guard Auxiliary                 092°06′16″ W. Entry into, transiting, or
                                              Categorical Exclusion Determination are                 vessel. The Captain of the Port or his                 anchoring within the safety zone is
                                              available in the docket where indicated                 designated on-scene representative may                 prohibited unless authorized by the
                                              under ADDRESSES. We seek any                            be contacted via VHF Channel 16.                       Captain of the Port Duluth or his
                                              comments or information that may lead                      (4) Vessel operators desiring to enter              designated on-scene representative. The
                                              to the discovery of a significant                       or operate within the safety zone shall                Captain of the Port’s designated on-
                                              environmental impact from this rule.                    contact the Captain of the Port Duluth                 scene representative may be contacted
                                              G. Protest Activities                                   or his on-scene representative to obtain               via VHF Channel 16.
                                                                                                      permission to do so. Vessel operators                     This notice of enforcement is issued
                                                The Coast Guard respects the First                    given permission to enter or operate in                under authority of 33 CFR 165.943 and
                                              Amendment rights of protesters.                         the safety zone must comply with all                   5 U.S.C. 552(a). In addition to this
                                              Protesters are asked to contact the                     directions given to them by the Captain                notice of enforcement in the Federal
                                              person listed in the FOR FURTHER                        of the Port Duluth or his on-scene                     Register, the Coast Guard will provide
                                              INFORMATION CONTACT section to                          representative.                                        the maritime community with advance
                                              coordinate protest activities so that your                                                                     notification of the enforcement of this
                                                                                                        Dated: June 24, 2016.
                                              message can be received without                                                                                safety zone via Broadcast Notice to
                                                                                                      A.H. Moore, Jr.,
                                              jeopardizing the safety or security of                                                                         Mariners.
                                              people, places or vessels.                              Commander, U.S. Coast Guard, Captain of
                                                                                                      the Port Duluth.                                         Dated: June 24, 2016.
                                              List of Subjects in 33 CFR Part 165                     [FR Doc. 2016–15438 Filed 6–29–16; 8:45 am]            A.H. Moore, Jr.,
                                                                                                      BILLING CODE 9110–04–P                                 Commander, U.S. Coast Guard, Captain of
                                                Harbors, Marine safety, Navigation                                                                           the Port, Duluth.
                                              (water), Reporting and record keeping                                                                          [FR Doc. 2016–15503 Filed 6–29–16; 8:45 am]
                                              requirements, Security measures,
                                                                                                      DEPARTMENT OF HOMELAND                                 BILLING CODE 9110–04–P
                                              Waterways.
                                                                                                      SECURITY
                                                For the reasons discussed in the
                                              preamble, the Coast Guard amends 33                     Coast Guard                                            DEPARTMENT OF HOMELAND
                                              CFR part 165 as follows:                                                                                       SECURITY
                                                                                                      33 CFR Part 165
                                              PART 165—REGULATED NAVIGATION                                                                                  Coast Guard
                                                                                                      [Docket No. USCG–2016–0478]
                                              AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                             33 CFR Part 165
                                                                                                      Safety Zones; Duluth Fourth Fest,
                                              ■ 1. The authority citation for part 165                Duluth, MN                                             [Docket Number USCG–2016–0289]
                                              continues to read as follows:
srobinson on DSK5SPTVN1PROD with RULES




                                                                                                      AGENCY:  Coast Guard, DHS.                             RIN 1625–AA00
                                                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;               ACTION: Notice of enforcement of
                                                                                                                                                             Safety Zone, Pamlico Sound;
                                              Department of Homeland Security Delegation              regulation.
                                                                                                                                                             Ocracoke, NC
                                              No. 0170.1.
                                                                                                      SUMMARY:   The Coast Guard will enforce                AGENCY:    Coast Guard, DHS.
                                              ■ 2. Add § 165.T09–0481 to read as                      the Safety Zone for the Duluth Fourth
                                                                                                                                                             ACTION:   Temporary final rule.
                                              follows:                                                Fest fireworks display in Duluth, MN


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Document Created: 2018-02-08 07:45:28
Document Modified: 2018-02-08 07:45:28
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 p.m. through 11 p.m. July 4, 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 42515 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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