83_FR_39517 83 FR 39363 - Safety Zones; Discovery World Fireworks, Milwaukee Harbor, Milwaukee, WI

83 FR 39363 - Safety Zones; Discovery World Fireworks, Milwaukee Harbor, Milwaukee, WI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 154 (August 9, 2018)

Page Range39363-39365
FR Document2018-17069

The Coast Guard is establishing a temporary safety zone on Lake Michigan in the Milwaukee Harbor, Milwaukee, WI, for all navigable waters within a 100-yard radius of 43[deg]01.980' N, 087[deg]53.580 W. This action is necessary to protect spectators, mariners, vessels, and property from potential hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Lake Michigan or a designated representative.

Federal Register, Volume 83 Issue 154 (Thursday, August 9, 2018)
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Rules and Regulations]
[Pages 39363-39365]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17069]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0724]
RIN 1625-AA00


Safety Zones; Discovery World Fireworks, Milwaukee Harbor, 
Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

[[Page 39364]]

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Michigan in the Milwaukee Harbor, Milwaukee, WI, for all navigable 
waters within a 100-yard radius of 43[deg]01.980' N, 087[deg]53.580 W. 
This action is necessary to protect spectators, mariners, vessels, and 
property from potential hazards associated with a fireworks display. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Lake Michigan or a 
designated representative.

DATES: This rule is effective from 9 p.m. through 11 p.m. on August 11, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0724 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 
document, call or email the marine event coordinator, MSTC Kaleena 
Carpino, Prevention Department, Coast Guard Sector Lake Michigan, 
Milwaukee, WI; telephone (414) 747-7148, 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. The final details for this event were 
not known to the Coast Guard until there was insufficient time 
remaining before the event to publish an NPRM. Delaying the effective 
date of this rule to wait for a comment period to run would be both 
impracticable and contrary to the public interest because it would 
inhibit the Coast Guard's ability to protect the public, vessels, 
mariners, and property from the hazards associated with the fireworks 
display on August 11, 2018.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register for the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The Coast Guard will enforce a safety zone on August 11, 2018, from 
9 p.m. through 11 p.m., for a fireworks display in Milwaukee Harbor on 
Lake Michigan. The Captain of the Port Lake Michigan has determined 
that this fireworks display will pose a significant risk to public 
safety and property. Such hazards include premature and accidental 
detonations, falling and burning debris, and collisions among spectator 
vessels.

IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Lake Michigan has determined that this temporary safety zone is 
necessary to protect persons and vessels during the fireworks display 
in the waters of Milwaukee Harbor on Lake Michigan. This zone is 
effective and will be enforced from 9 p.m. until 11 p.m. on August 11, 
2018. The safety zone will encompass all navigable waters within a 100-
yard radius of 43[deg]01.980' N, 087[deg]53.580' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Lake Michigan 
or his or her designated on-scene representative. The Captain of the 
Port or his or her designated on-scene representative may be contacted 
via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. The safety 
zone created by this rule will be relatively small and enforced for 
only two hours. Under certain conditions, vessels may still transit 
through the safety zone when permitted by the Captain of the Port. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about 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.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in the affected portion of Milwaukee Harbor on Lake 
Michigan between 9 p.m. and 11 p.m. on August 11, 2018. This safety 
zone will not have a significant economic impact on a substantial 
number of small entities for the reasons cited in the Regulatory 
Planning and Review section. Additionally, before the enforcement of 
the zone, we will issue local Broadcast Notice to Mariners and Public 
Notice of Safety Zone so vessel owners and operators can plan 
accordingly.
    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

[[Page 39365]]

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 $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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
the establishment of a safety zone surrounding a fireworks display on 
Milwaukee Harbor in Lake Michigan. It is categorically excluded from 
further review under paragraph L[60(a)] of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

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.T09-0724 to read as follows:


Sec.  165.T09-0724  Safety Zone; Discovery World Fireworks, Milwaukee 
Harbor, Milwaukee WI.

    (a) Location. All navigable waters within a 100-yard radius of 
43[deg]01.980' N, 087[deg]53.580 W.
    (b) Effective and enforcement period. This rule is effective and 
will be enforced from 9 p.m. through 11 p.m. on August 11, 2018.
    (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 Lake Michigan or a designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Lake Michigan or a designated 
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port Lake 
Michigan is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Lake Michigan to act on 
his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Lake Michigan or an on-scene 
representative to obtain permission to do so. The Captain of the Port 
Lake Michigan or an on-scene representative may be contacted via VHF 
Channel 16. Vessel operators given permission to enter or operate in 
the safety zone must comply with all directions given to them by the 
Captain of the Port Lake Michigan or an on-scene representative.

    Dated: July 24, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2018-17069 Filed 8-8-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations                                              39363

                                              organization, or governmental                           that may result in the expenditure by a               at 41°40.725 N, 087°28.633 W, then
                                              jurisdiction and you have questions                     State, local, or tribal government, in the            northeast to 41°40.891 N, 087°28.468 W,
                                              concerning its provisions or options for                aggregate, or by the private sector of                then northwest to 41°41.494 N,
                                              compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              087°29.559 W, then southwest back to
                                              listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                the shore at 41°41.235 N, 087°29.779 W.
                                              CONTACT section.                                        will not result in such an expenditure,                  (b) Enforcement period. This rule will
                                                 Small businesses may send comments                   we do discuss the effects of this rule                be effective from 6:50 a.m. on August
                                              on the actions of Federal employees                     elsewhere in this preamble.                           11, 2018 through 5:10 p.m. on August
                                              who enforce, or otherwise determine                                                                           12, 2018. It will be enforced from 6:50
                                              compliance with, Federal regulations to                 F. Environment
                                                                                                                                                            a.m. through 5:10 p.m. on both days,
                                              the Small Business and Agriculture                         We have analyzed this rule under                   August 11 and 12, 2018.
                                              Regulatory Enforcement Ombudsman                        Department of Homeland Security                          (c) Regulations. (1) In accordance with
                                              and the Regional Small Business                         Directive 023–01, which guides the                    the general regulations in § 165.23 of
                                              Regulatory Fairness Boards. The                         Coast Guard in complying with the                     this part, entry into, transiting, or
                                              Ombudsman evaluates these actions                       National Environmental Policy Act of                  anchoring within this safety zone is
                                              annually and rates each agency’s                        1969 (42 U.S.C. 4321–4370f), and have                 prohibited unless authorized by the
                                              responsiveness to small business. If you                determined that this action is one of a               Captain of the Port Lake Michigan or a
                                              wish to comment on actions by                           category of actions that do not                       designated on-scene representative.
                                              employees of the Coast Guard, call 1–                   individually or cumulatively have a                      (2) This safety zone is closed to all
                                              888–REG–FAIR (1–888–734–3247). The                      significant effect on the human                       vessel traffic, except as may be
                                              Coast Guard will not retaliate against                  environment. This rule involves                       permitted by the Captain of the Port
                                              small entities that question or complain                establishment of a safety zone on Lake                Lake Michigan or a designated on-scene
                                              about this rule or any policy or action                 Michigan near North Avenue Beach in                   representative.
                                              of the Coast Guard.                                     Chicago, IL. It is categorically excluded                (3) The ‘‘on-scene representative’’ of
                                                                                                      from further review under paragraph                   the Captain of the Port Lake Michigan
                                              C. Collection of Information
                                                                                                      L60(c) of Appendix A, Table 1 of DHS                  is any Coast Guard commissioned,
                                                This rule will not call for a new                     Instruction Manual 023–01–001–01,                     warrant or petty officer who has been
                                              collection of information under the                     Rev. 01. A Record of Environmental                    designated by the Captain of the Port
                                              Paperwork Reduction Act of 1995 (44                     Consideration supporting this                         Lake Michigan to act on his or her
                                              U.S.C. 3501–3520).                                      determination is available in the docket              behalf.
                                              D. Federalism and Indian Tribal                         where indicated under ADDRESSES.                         (4) Vessel operators desiring to enter
                                              Governments                                             G. Protest Activities                                 or operate within the safety zone shall
                                                                                                                                                            contact the Captain of the Port Lake
                                                 A rule has implications for federalism                 The Coast Guard respects the First                  Michigan or an on-scene representative
                                              under Executive Order 13132,                            Amendment rights of protesters.                       to obtain permission to do so. The
                                              Federalism, if it has a substantial direct              Protesters are asked to contact the                   Captain of the Port Lake Michigan or an
                                              effect on the States, on the relationship               person listed in the FOR FURTHER                      on-scene representative may be
                                              between the national government and                     INFORMATION CONTACT section to                        contacted via VHF Channel 16 or at
                                              the States, or on the distribution of                   coordinate protest activities so that your            (414) 747–7182. Vessel operators given
                                              power and responsibilities among the                    message can be received without                       permission to enter or operate in the
                                              various levels of government. We have                   jeopardizing the safety or security of                safety zone must comply with all
                                              analyzed this rule under that Order and                 people, places or vessels.                            directions given to them by the Captain
                                              have determined that it is consistent
                                                                                                      List of Subjects in 33 CFR Part 165                   of the Port Lake Michigan, or an on-
                                              with the fundamental federalism
                                                                                                                                                            scene representative.
                                              principles and preemption requirements                    Harbors, Marine safety, Navigation
                                              described in Executive Order 13132.                     (water), Reporting and recordkeeping                    Dated: July 24, 2018.
                                                 Also, this rule does not have tribal                 requirements, Security measures,                      Thomas J. Stuhlreyer,
                                              implications under Executive Order                      Waterways.                                            Captain, U.S. Coast Guard, Captain of the
                                              13175, Consultation and Coordination                      For the reasons discussed in the                    Port, Lake Michigan.
                                              with Indian Tribal Governments,                         preamble, the Coast Guard amends 33                   [FR Doc. 2018–17074 Filed 8–8–18; 8:45 am]
                                              because it does not have a substantial                  CFR part 165 as follows:                              BILLING CODE 9110–04–P
                                              direct effect on one or more Indian
                                              tribes, on the relationship between the                 PART 165—REGULATED NAVIGATION
                                              Federal Government and Indian tribes,                   AREAS AND LIMITED ACCESS AREAS                        DEPARTMENT OF HOMELAND
                                              or on the distribution of power and                                                                           SECURITY
                                              responsibilities between the Federal                    ■ 1. The authority citation for part 165
                                              Government and Indian tribes. If you                    continues to read as follows:                         Coast Guard
                                              believe this rule has implications for                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              federalism or Indian tribes, please                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             33 CFR Part 165
                                              contact the person listed in the FOR                    Department of Homeland Security Delegation            [Docket Number USCG–2018–0724]
                                              FURTHER INFORMATION CONTACT section                     No. 0170.1.
                                              above.                                                                                                        RIN 1625–AA00
                                                                                                      ■ 2. Add § 165.T09–0659 to read as
sradovich on DSK3GMQ082PROD with RULES




                                              E. Unfunded Mandates Reform Act                         follows:                                              Safety Zones; Discovery World
                                                The Unfunded Mandates Reform Act                      § 165.T09–0659 Safety Zone; Lake                      Fireworks, Milwaukee Harbor,
                                              of 1995 (2 U.S.C. 1531–1538) requires                   Michigan, Whiting, Indiana.                           Milwaukee, WI
                                              Federal agencies to assess the effects of                 (a) Location. All navigable waters of               AGENCY:    Coast Guard, DHS.
                                              their discretionary regulatory actions. In              Lake Michigan near Lake Front Park,
                                                                                                                                                            ACTION:   Temporary final rule.
                                              particular, the Act addresses actions                   bounded by a line drawn from the shore


                                         VerDate Sep<11>2014   15:49 Aug 08, 2018   Jkt 244001   PO 00000   Frm 00041   Fmt 4700   Sfmt 4700   E:\FR\FM\09AUR1.SGM   09AUR1


                                              39364             Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations

                                              SUMMARY:   The Coast Guard is                           period to run would be both                           A. Regulatory Planning and Review
                                              establishing a temporary safety zone on                 impracticable and contrary to the public                 Executive Orders 12866 and 13563
                                              Lake Michigan in the Milwaukee                          interest because it would inhibit the                 direct agencies to assess the costs and
                                              Harbor, Milwaukee, WI, for all navigable                Coast Guard’s ability to protect the                  benefits of available regulatory
                                              waters within a 100-yard radius of                      public, vessels, mariners, and property               alternatives and, if regulation is
                                              43°01.980′ N, 087°53.580 W. This action                 from the hazards associated with the                  necessary, to select regulatory
                                              is necessary to protect spectators,                     fireworks display on August 11, 2018.                 approaches that maximize net benefits.
                                              mariners, vessels, and property from                       Under 5 U.S.C. 553(d)(3), the Coast                Executive Order 13771 directs agencies
                                              potential hazards associated with a                     Guard finds that good cause exists for                to control regulatory costs through a
                                              fireworks display. Entry of vessels or                  making this rule effective less than 30               budgeting process. This rule has not
                                              persons into this zone is prohibited                    days after publication in the Federal                 been designated a ‘‘significant
                                              unless specifically authorized by the                   Register for the same reasons discussed               regulatory action,’’ under Executive
                                              Captain of the Port Lake Michigan or a                  in the preceding paragraph, waiting for               Order 12866. Accordingly, this rule has
                                              designated representative.                              a 30 day notice period to run would be                not been reviewed by the Office of
                                              DATES: This rule is effective from 9 p.m.               impracticable and contrary to the public              Management and Budget (OMB), and
                                              through 11 p.m. on August 11, 2018.                     interest.                                             pursuant to OMB guidance it is exempt
                                              ADDRESSES: To view documents                                                                                  from the requirements of Executive
                                                                                                      III. Legal Authority and Need for Rule
                                              mentioned in this preamble as being                                                                           Order 13771.
                                              available in the docket, go to http://                    The legal basis for this rule is the                   This regulatory action determination
                                              www.regulations.gov, type USCG–2018–                    Coast Guard’s authority to establish                  is based on the size, location, duration,
                                              0724 in the ‘‘SEARCH’’ box and click                    safety zones: 33 U.S.C. 1231; 33 CFR                  and time-of-year of the safety zone. The
                                              ‘‘SEARCH.’’ Click on Open Docket                        1.05–1, 160.5; Department of Homeland                 safety zone created by this rule will be
                                              Folder on the line associated with this                 Security Delegation No. 0170.1.                       relatively small and enforced for only
                                              rule.                                                     The Coast Guard will enforce a safety               two hours. Under certain conditions,
                                              FOR FURTHER INFORMATION CONTACT: If                     zone on August 11, 2018, from 9 p.m.                  vessels may still transit through the
                                              you have questions on this document,                    through 11 p.m., for a fireworks display              safety zone when permitted by the
                                              call or email the marine event                          in Milwaukee Harbor on Lake Michigan.                 Captain of the Port. Moreover, the Coast
                                              coordinator, MSTC Kaleena Carpino,                      The Captain of the Port Lake Michigan                 Guard will issue Broadcast Notice to
                                              Prevention Department, Coast Guard                      has determined that this fireworks                    Mariners via VHF–FM marine channel
                                              Sector Lake Michigan, Milwaukee, WI;                    display will pose a significant risk to               16 about the zone.
                                              telephone (414) 747–7148, email D09-                    public safety and property. Such                      B. Impact on Small Entities
                                              SMB-SECLakeMichigan-WWM@                                hazards include premature and
                                              uscg.mil.                                               accidental detonations, falling and                      The Regulatory Flexibility Act of
                                                                                                      burning debris, and collisions among                  1980, 5 U.S.C. 601–612, as amended,
                                              SUPPLEMENTARY INFORMATION:                                                                                    requires Federal agencies to consider
                                                                                                      spectator vessels.
                                              I. Table of Abbreviations                                                                                     the potential impact of regulations on
                                                                                                      IV. Discussion of the Rule                            small entities during rulemaking. The
                                              CFR Code of Federal Regulations
                                                                                                                                                            term ‘‘small entities’’ comprises small
                                              DHS Department of Homeland Security                        With the aforementioned hazards in
                                              FR Federal Register                                                                                           businesses, not-for-profit organizations
                                                                                                      mind, the Captain of the Port Lake                    that are independently owned and
                                              NPRM Notice of proposed rulemaking                      Michigan has determined that this
                                              § Section                                                                                                     operated and are not dominant in their
                                                                                                      temporary safety zone is necessary to                 fields, and governmental jurisdictions
                                              U.S.C. United States Code
                                                                                                      protect persons and vessels during the                with populations of less than 50,000.
                                              II. Background Information and                          fireworks display in the waters of                    The Coast Guard certifies under 5 U.S.C.
                                              Regulatory History                                      Milwaukee Harbor on Lake Michigan.                    605(b) that this rule will not have a
                                                 The Coast Guard is issuing this                      This zone is effective and will be                    significant economic impact on a
                                              temporary rule without prior notice and                 enforced from 9 p.m. until 11 p.m. on                 substantial number of small entities.
                                              opportunity to comment pursuant to                      August 11, 2018. The safety zone will                    This rule will affect the following
                                              authority under section 4(a) of the                     encompass all navigable waters within a               entities, some of which might be small
                                              Administrative Procedure Act (APA) (5                   100-yard radius of 43°01.980′ N,                      entities: The owners or operators of
                                              U.S.C. 553(b)). This provision                          087°53.580′ W. (NAD 83).                              vessels intending to transit or anchor in
                                              authorizes an agency to issue a rule                       Entry into, transiting, or anchoring               the affected portion of Milwaukee
                                              without prior notice and opportunity to                 within the safety zone is prohibited                  Harbor on Lake Michigan between 9
                                              comment when the agency for good                        unless authorized by the Captain of the               p.m. and 11 p.m. on August 11, 2018.
                                              cause finds that those procedures are                   Port Lake Michigan or his or her                      This safety zone will not have a
                                              ‘‘impracticable, unnecessary, or contrary               designated on-scene representative. The               significant economic impact on a
                                              to the public interest.’’ Under 5 U.S.C.                Captain of the Port or his or her                     substantial number of small entities for
                                              553(b)(B), the Coast Guard finds that                   designated on-scene representative may                the reasons cited in the Regulatory
                                              good cause exists for not publishing a                  be contacted via VHF Channel 16.                      Planning and Review section.
                                              notice of proposed rulemaking (NPRM)                    V. Regulatory Analyses                                Additionally, before the enforcement of
                                              with respect to this rule because doing                                                                       the zone, we will issue local Broadcast
sradovich on DSK3GMQ082PROD with RULES




                                              so would be impracticable and contrary                    We developed this rule after                        Notice to Mariners and Public Notice of
                                              to the public interest. The final details               considering numerous statutes and                     Safety Zone so vessel owners and
                                              for this event were not known to the                    Executive orders related to rulemaking.               operators can plan accordingly.
                                              Coast Guard until there was insufficient                Below we summarize our analyses                          Under section 213(a) of the Small
                                              time remaining before the event to                      based on a number of these statutes and               Business Regulatory Enforcement
                                              publish an NPRM. Delaying the effective                 Executive orders, and we discuss First                Fairness Act of 1996 (Pub. L. 104–121),
                                              date of this rule to wait for a comment                 Amendment rights of protestors.                       we want to assist small entities in


                                         VerDate Sep<11>2014   15:49 Aug 08, 2018   Jkt 244001   PO 00000   Frm 00042   Fmt 4700   Sfmt 4700   E:\FR\FM\09AUR1.SGM   09AUR1


                                                                Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations                                              39365

                                              understanding this rule. If the rule                    their discretionary regulatory actions. In            § 165.T09–0724 Safety Zone; Discovery
                                              would affect your small business,                       particular, the Act addresses actions                 World Fireworks, Milwaukee Harbor,
                                              organization, or governmental                           that may result in the expenditure by a               Milwaukee WI.
                                              jurisdiction and you have questions                     State, local, or tribal government, in the               (a) Location. All navigable waters
                                              concerning its provisions or options for                aggregate, or by the private sector of                within a 100-yard radius of 43°01.980′
                                              compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              N, 087°53.580 W.
                                              listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                   (b) Effective and enforcement period.
                                              CONTACT section.                                        will not result in such an expenditure,               This rule is effective and will be
                                                 Small businesses may send comments                   we do discuss the effects of this rule                enforced from 9 p.m. through 11 p.m. on
                                              on the actions of Federal employees                     elsewhere in this preamble.                           August 11, 2018.
                                              who enforce, or otherwise determine                                                                              (c) Regulations. (1) In accordance with
                                              compliance with, Federal regulations to                 F. Environment                                        the general regulations in § 165.23 of
                                              the Small Business and Agriculture                                                                            this part, entry into, transiting, or
                                                                                                         We have analyzed this rule under
                                              Regulatory Enforcement Ombudsman                                                                              anchoring within this safety zone is
                                                                                                      Department of Homeland Security
                                              and the Regional Small Business                                                                               prohibited unless authorized by the
                                                                                                      Directive 023–01 and Commandant
                                              Regulatory Fairness Boards. The                                                                               Captain of the Port Lake Michigan or a
                                                                                                      Instruction M16475.1D, which guide the
                                              Ombudsman evaluates these actions                                                                             designated on-scene representative.
                                                                                                      Coast Guard in complying with the
                                              annually and rates each agency’s                                                                                 (2) This safety zone is closed to all
                                                                                                      National Environmental Policy Act of
                                              responsiveness to small business. If you                                                                      vessel traffic, except as may be
                                                                                                      1969 (42 U.S.C. 4321–4370f), and have
                                              wish to comment on actions by                                                                                 permitted by the Captain of the Port
                                                                                                      determined that this action is one of a
                                              employees of the Coast Guard, call 1–                                                                         Lake Michigan or a designated on-scene
                                                                                                      category of actions that do not
                                              888–REG–FAIR (1–888–734–3247). The                                                                            representative.
                                                                                                      individually or cumulatively have a                      (3) The ‘‘on-scene representative’’ of
                                              Coast Guard will not retaliate against                  significant effect on the human
                                              small entities that question or complain                                                                      the Captain of the Port Lake Michigan
                                                                                                      environment. This rule involves the                   is any Coast Guard commissioned,
                                              about this rule or any policy or action                 establishment of a safety zone
                                              of the Coast Guard.                                                                                           warrant or petty officer who has been
                                                                                                      surrounding a fireworks display on                    designated by the Captain of the Port
                                              C. Collection of Information                            Milwaukee Harbor in Lake Michigan. It                 Lake Michigan to act on his or her
                                                                                                      is categorically excluded from further                behalf.
                                                This rule will not call for a new                     review under paragraph L[60(a)] of
                                              collection of information under the                                                                              (4) Vessel operators desiring to enter
                                                                                                      Appendix A, Table 1 of DHS Instruction                or operate within the safety zone must
                                              Paperwork Reduction Act of 1995 (44                     Manual 023–01–001–01, Rev. 01. A
                                              U.S.C. 3501–3520).                                                                                            contact the Captain of the Port Lake
                                                                                                      Record of Environmental Consideration                 Michigan or an on-scene representative
                                              D. Federalism and Indian Tribal                         supporting this determination is                      to obtain permission to do so. The
                                              Governments                                             available in the docket where indicated               Captain of the Port Lake Michigan or an
                                                 A rule has implications for federalism               under ADDRESSES.                                      on-scene representative may be
                                              under Executive Order 13132,                            G. Protest Activities                                 contacted via VHF Channel 16. Vessel
                                              Federalism, if it has a substantial direct                                                                    operators given permission to enter or
                                              effect on the States, on the relationship                 The Coast Guard respects the First                  operate in the safety zone must comply
                                              between the national government and                     Amendment rights of protesters.                       with all directions given to them by the
                                              the States, or on the distribution of                   Protesters are asked to contact the                   Captain of the Port Lake Michigan or an
                                              power and responsibilities among the                    person listed in the FOR FURTHER                      on-scene representative.
                                              various levels of government. We have                   INFORMATION CONTACT section to
                                                                                                                                                              Dated: July 24, 2018.
                                              analyzed this rule under that Order and                 coordinate protest activities so that your
                                                                                                                                                            Thomas J. Stuhlreyer,
                                              have determined that it is consistent                   message can be received without
                                                                                                      jeopardizing the safety or security of                Captain, U.S. Coast Guard, Captain of the
                                              with the fundamental federalism                                                                               Port, Lake Michigan.
                                              principles and preemption requirements                  people, places or vessels.
                                                                                                                                                            [FR Doc. 2018–17069 Filed 8–8–18; 8:45 am]
                                              described in Executive Order 13132.                     List of Subjects in 33 CFR Part 165                   BILLING CODE 9110–04–P
                                                 Also, this rule does not have tribal
                                              implications under Executive Order                        Harbors, Marine safety, Navigation
                                              13175, Consultation and Coordination                    (water), Reporting and recordkeeping
                                              with Indian Tribal Governments,                         requirements, Security measures,                      ENVIRONMENTAL PROTECTION
                                              because it does not have a substantial                  Waterways.                                            AGENCY
                                              direct effect on one or more Indian                       For the reasons discussed in the                    40 CFR Part 52
                                              tribes, on the relationship between the                 preamble, the Coast Guard amends 33
                                              Federal Government and Indian tribes,                   CFR part 165 as follows:                              [EPA–R03–OAR–2017–0396; FRL–9981–
                                              or on the distribution of power and                                                                           96—Region 3]
                                              responsibilities between the Federal                    PART 165—REGULATED NAVIGATION
                                              Government and Indian tribes. If you                                                                          Approval and Promulgation of Air
                                                                                                      AREAS AND LIMITED ACCESS AREAS
                                              believe this rule has implications for                                                                        Quality Implementation Plans;
                                              federalism or Indian tribes, please                                                                           Maryland; 2011 Base Year Inventory
                                                                                                      ■ 1. The authority citation for part 165              for the 2008 8-Hour Ozone National
                                              contact the person listed in the FOR                    continues to read as follows:
sradovich on DSK3GMQ082PROD with RULES




                                              FURTHER INFORMATION CONTACT section                                                                           Ambient Air Quality Standard for the
                                                                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Baltimore, Maryland Nonattainment
                                              above.                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Area
                                              E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation
                                                                                                      No. 0170.1.                                           AGENCY:  Environmental Protection
                                                The Unfunded Mandates Reform Act                                                                            Agency (EPA).
                                              of 1995 (2 U.S.C. 1531–1538) requires                   ■ 2. Add § 165.T09–0724 to read as
                                                                                                                                                            ACTION: Final rule.
                                              Federal agencies to assess the effects of               follows:


                                         VerDate Sep<11>2014   15:49 Aug 08, 2018   Jkt 244001   PO 00000   Frm 00043   Fmt 4700   Sfmt 4700   E:\FR\FM\09AUR1.SGM   09AUR1



Document Created: 2018-08-09 01:10:39
Document Modified: 2018-08-09 01:10:39
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. on August 11, 2018.
ContactIf you have questions on this document, call or email the marine event coordinator, MSTC Kaleena Carpino, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI; telephone (414) 747-7148, email D09-SMB-SECLakeMichigan- [email protected]
FR Citation83 FR 39363 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR