9110-04-P DEPARTMENT OF HOMELAND SECURITY

Jun 18, 2013 - Such hazards include the collision of race and recreational vessels in a congested area, and capsizing competitors and spectators' vess...

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This document is scheduled to be published in the Federal Register on 06/18/2013 and available online at http://federalregister.gov/a/2013-14414, and on FDsys.gov

9110-04-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 Docket No. USCG-2013-0463 RIN 1625-AA00 Safety Zone; Queen’s Cup; Lake Michigan; Milwaukee, WI AGENCY:

Coast Guard, DHS.

ACTION:

Temporary final rule.

__________________________________________________________ SUMMARY:

The Coast Guard is establishing a temporary

safety zone on Lake Michigan near Milwaukee Harbor in Milwaukee, Wisconsin.

This safety zone is intended to

restrict vessels from a portion of Lake Michigan due to the 2013 Queen’s Cup Race.

This temporary safety zone is

necessary to protect the surrounding public and vessels from the hazards associated with a race competition involving a gathering of 200 sailboats. DATES:

This rule is effective and will be enforced from

2:30 p.m. until 7 p.m. on June 28, 2013. ADDRESSES:

Documents mentioned in this preamble are part

of docket USCG-2013-0463.

To view documents mentioned in

this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the

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“SEARCH” box and click "SEARCH."

Click on Open Docket

Folder on the line associated with this rulemaking.

You

may also visit the Docket Management Facility in Room W12140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT:

If you have questions on

this temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard Sector Lake Michigan, at 414-747-7148 or [email protected]

If you have questions on viewing

the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS FR NPRM TFR

Department of Homeland Security Federal Register Notice of Proposed Rulemaking Temporary Final Rule

A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)).

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This provision

authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.”

Under 5

U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM with respect to this rule because doing so would be impracticable and contrary to the public interest.

The final details for this event were not

known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM.

Thus,

delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to protect spectators and vessels from the hazards associated with a large gathering of sailboats in preparation for a race, which are discussed further below. Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause exists for making this temporary 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.

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B. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas and limited access areas:

33 U.S.C. 1231; 46 U.S.C. Chapter

701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. On June 28 2013, the South Shore Yacht Club in Milwaukee Wisconsin will be hosting their annual Queen’s Cup Regatta.

The Queen’s Cup Regatta is a race from

Milwaukee, WI to Ludington, MI that is expected to involve 200 sailing vessels.

The sailing vessels involved in the

race will group at their starting point - an estimated 1.7 nautical miles east of Milwaukee Harbor break wall.

South

Shore Yacht Club informed the Coast Guard that, in previous years, spectator vessels have positioned themselves too close to the racers and the starting point.

To avoid

collisions during the start of the race, event organizers asked the Coast Guard to provide a safety zone.

The

Captain of the Port, Lake Michigan, has determined that the start of the Queen’s Cup race will pose a significant risk to public safety and property.

Such hazards include the

collision of race and recreational vessels in a congested area, and capsizing competitors and spectators’ vessels.

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C.

Discussion of the Final Rule

With the aforementioned hazards in mind, the Captain of the Port, Lake Michigan, has determined that this temporary safety zone is necessary to ensure the safety of persons and vessels during the Queen’s Cup race on Lake Michigan. This zone is effective and will be enforced from 2:30 p.m. until 7 p.m. on June 28, 2013. The safety zone will encompass all waters of Lake Michigan within a rectangle bounded by the points beginning at 43º01’27.74”N, 087º50’41.38”W; then east to 43º01’27.74”N, 087º50’14.61”W; then south to 43º01’10.7”N, 087º50’14.5”W; then west to 43º01’10.7”N, 087º50’41.38”W; then north back to the point of origin (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 designated on-scene representative.

The Captain of the Port or his designated

on-scene representative may be contacted via VHF Channel 16. D.

Regulatory Analyses

We developed this rule after considering numerous statutes and executive orders related to rulemaking. we summarize our analyses based on these statutes and executive orders.

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Below

1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563.

The Office of Management and

Budget has not reviewed it under those Orders.

It is not

“significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues.

The safety zone created by this

rule will be small and enforced for only one day in June. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601612), we have considered the impact of this rule on small

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entities.

The Coast Guard certifies under 5 U.S.C. 605(b)

that this rule will not have a significant economic impact on a substantial number of small entities.

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 a portion of Lake Michigan near Milwaukee Harbor on June 28, 2013. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: this safety zone would be effective and thus subject to enforcement, for only one day in June. Traffic may be allowed to pass through the zone with the permission of the Captain of the Port. Port can be reached via VHF channel 16.

The Captain of the Before the

enforcement of the zone, we would issue local Broadcast Notice to Mariners. 3.

Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization,

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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 above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards.

The

Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business.

If you wish to

comment on actions by employees of the Coast Guard, call 1888-REG-FAIR (1-888-734-3247).

The Coast Guard will not

retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4.

Collection of Information

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). 5.

Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution

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of power and responsibilities among the various levels of government.

We have analyzed this rule under that Order

and determined that this rule does not have implications for federalism. 6.

Protest Activities

The Coast Guard respects the First Amendment rights of protesters.

Protesters are asked to contact the person

listed in the “For Further Information Contact” section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions.

In particular,

the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year.

Though

this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

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8.

Taking of Private Property

This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9.

Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10.

Protection of Children

We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks.

This rule is not an economically

significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. 11.

Indian Tribal Governments

This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and

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responsibilities between the Federal Government and Indian tribes. 12.

Energy Effects

This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13.

Technical Standards

This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14.

Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment.

This rule involves the

establishment of a safety zone and, therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction.

An

environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are

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available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keepingrequirements, 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 1.

The authority citation for Part 165 continues to

read as follows: Authority:

33 U.S.C. 1231; 46 U.S.C. Chapters 701,

3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T09-0463 to read as follows: § 165.T09-0463 Safety Zone; Queen’s Cup; Lake Michigan; Milwaukee, WI. (a) Location.

All waters of Lake Michigan within a

rectangle bounded by the points beginning at 43º01’27.74”N, 087º50’41.38”W; then east to 43º01’27.74”N, 087º50’14.61”W;

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then south to 43º01’10.7”N, 087º50’14.5”W; then west to 43º01’10.7”N, 087º50’41.38”W; then north back to the point of origin (NAD 83). (b) Effective and Enforcement Period.

This zone is

effective and will be enforced from 2:30 p.m. until 7 p.m. on June 28, 2013. (c) Regulations.

(1)

In accordance with the general

regulations in §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 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, Lake Michigan or his 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 behalf. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port, Lake Michigan or his on-scene representative to obtain permission to do so.

The Captain of the Port, Lake

Michigan or his on-scene representative may be contacted

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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 his on-scene representative.

Dated: June 4, 2013

M. W. SIBLEY Captain, U. S. Coast Guard Captain of the Port, Lake Michigan

[FR Doc. 2013-14414 Filed 06/17/2013 at 8:45 am; Publication Date: 06/18/2013]

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