[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Rules and Regulations]
[Pages 34001-34004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14486]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0470]
RIN 1625-AA00


Safety Zone; Grand Marais Splash-In, West Bay, Lake Superior, 
Grand Marais, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in 
West Bay, on Lake Superior, Grand Marais, MI. This safety zone is 
intended to restrict vessel traffic from a portion of West Bay during 
the Grand Marais Splash-In Sea Plane Competition.

DATES: This rule is effective from 2 p.m. to 5 p.m. on June 19, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0470 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0470 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 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, call or e-mail BMC Gregory Ford, Marine Event 
Coordinator, U.S. Coast Guard Sector Sault Sainte Marie; telephone 906-
635-3222, e-mail [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 34002]]

Regulatory 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)). 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 the permit application was not 
received in time to publish an NPRM followed by a final rule before the 
effective date and immediate action is necessary to prevent possible 
loss of life or property due to the potential hazards associated with 
the sea plane competition.
    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. Delaying this rule would be 
contrary to the public interest of ensuring the safety of spectators 
and vessels during this event and immediate action is necessary to 
prevent possible loss of life or property.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and spectators from hazards associated with sea planes taking-
off, flying and landing in the area. The Captain of the Port Sault 
Sainte Marie has determined an aircraft competition with sea planes 
flying and landing in close proximity to watercraft pose significant 
risk to public safety and property. The likely combination of large 
numbers of recreation vessels, congested waterways, alcohol use, and 
debris falling from the sky into the water presents a significant risk 
of serious injuries or fatalities. Establishing a safety zone to 
control vessel movement around the location of the competition and 
landing area will help ensure the safety of persons and property at 
these events and help minimize the associated risks.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of 
spectators and vessels during the performance of flight maneuvers and 
water landings in conjunction with the Grand Marias Splash In. This 
event will occur between 2 p.m. and 5 p.m. on June 19, 2010.
    The safety zone for the Grand Marais Splash-In will encompass the 
southern portion of West Bay. The zone will be bound to the north by a 
line beginning 100 feet south-southeast of the Lake Street Boat Launch, 
extending 5280 feet to the east on a true bearing of 080 degrees. The 
eastern boundary will then be formed by a line drawn to the shoreline 
on a true bearing of 170 degrees. The western and southern boundaries 
of the zone will be bound by the shoreline of West Bay. The zone is 
bound by the coordinates 46[deg]40'22.98'' N/ 085[deg]59'00.78'' W, 
46[deg]40'32.04'' N 085[deg]57'46.14'' W and 46[deg]40'19.68'' N 
085[deg]57'43.08'' W [DATUM: NAD 83], with the West Bay shoreline 
forming the South and West boundaries of the zone.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
representative. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port Sector 
Sault Sainte Marie, or his on-scene representative. The Captain of the 
Port or his on-scene representative may be contacted via VHF Channel 
16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    This determination is based on the minimal time of three hours that 
vessels will be restricted from the zone. The Coast Guard expects 
insignificant adverse impact to mariners from the zones' activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners and operators of vessels intending to 
transit or anchor in a portion of Lake Superior off Grand Marais, 
Michigan between 2 p.m. and 5 p.m. on June 19, 2010.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: this 
rule will be in effect for three hours on one day, and the majority of 
marinas, piers and wharfs in the area are located on the northern 
shoreline of West Bay. The Safety Zone will allow vessels to move 
freely between these areas and Lake Superior. In the event that this 
temporary safety zone affects shipping, commercial vessels may request 
permission from the Captain of the Port Sault Sainte Marie to transit 
through the safety zone. The Coast Guard will give notice to the public 
via a Broadcast Notice to Mariners that the regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of

[[Page 34003]]

compliance on them. We have analyzed this rule under that Order and 
have determined that it does not have implications for federalism.

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.

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.

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.

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.

Indian Tribal Governments

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

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction because this rule involves the establishment of a 
temporary safety zone. An environmental analysis checklist and a 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
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. 1226, 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, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add new temporary Sec.  165.T09-0470 as follows:


Sec.  165.T09-0470  Safety Zone; Grand Marais Splash-In, West Bay, Lake 
Superior, Grand Marais, MI.

    (a) Location. The following area is a temporary safety zone: all 
U.S. navigable waters of West Bay, Lake Superior, Grand Marais, MI 
bound to the north by a line beginning 100 feet south-southeast of the 
Lake Street Boat Launch, extending 5280 feet to the east on a true 
bearing of 080 degrees. The eastern boundary will then be formed by a 
line drawn to the shoreline on a true bearing of 170 degrees. The 
western and southern boundaries of the zone will be bound by the 
shoreline of West Bay. The zone is bound by the coordinates 
46[deg]40'22.98'' N 085[deg]59'00.78'' W, 46[deg]40'32.04'' N 
085[deg]57'46.14'' W, and 46[deg]40'19.68'' N 085[deg]57'43.08'' W 
[DATUM: NAD 83], with the West Bay shoreline forming the South and West 
boundaries of the zone.
    (b) Effective period. This regulation will be enforced from 2 p.m. 
to 5 p.m. on June 19, 2010.
    (1) The Captain of the Port, Sector Sault Sainte Marie may suspend 
at any time the enforcement of any safety zone established under this 
section.
    (2) The Captain of the Port, Sector Sault Sainte Marie, will notify 
the public of the enforcement and suspension of enforcement of a safety 
zone established by this section via any means that will provide as 
much notice as possible to the public. These means might include some 
or all of those listed in 33 CFR 165.7(a). The primary method of 
notification, however, will be through Broadcast Notice to Mariners and 
Local Notice to Mariners.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into, transiting, or anchoring within an enforced 
safety zone established by this section is prohibited unless authorized 
by the Captain of the Port, Sector Sault Sainte Marie, or his on-scene 
representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Sault Sainte Marie, or 
his on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Sault Sainte Marie, is any Coast Guard commissioned, warrant or 
petty officer who has been designated by the Captain

[[Page 34004]]

of the Port, Sector Sault Sainte Marie, to act on his behalf. The on-
scene representative of the Captain of the Port, Sector Sault Sainte 
Marie, is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port to act on his behalf.
    (4) Vessel operators desiring to enter or operate within an 
enforced safety zone shall contact the Captain of the Port, Sector 
Sault Sainte Marie, or his on-scene representative to obtain permission 
to do so. The Captain of the Port, Sector Sault Sainte Marie, or his 
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, 
Sector Sault Sainte Marie, or his on-scene representative.

    Dated: June 2, 2010.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2010-14486 Filed 6-15-10; 8:45 am]
BILLING CODE 9110-04-P