[Federal Register Volume 77, Number 9 (Friday, January 13, 2012)]
[Rules and Regulations]
[Pages 2017-2019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-616]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR PART 165

[Docket No. USCG-2011-1161]
RIN 1625-AA00


Safety Zone; Ice Rescue Exercise; Green Bay, Dyckesville, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Green Bay near Dyckesville, Wisconsin. This zone is intended 
to restrict vessels and persons from a portion of Green Bay due to a 
large scale ice rescue exercise that will involve multiple State and 
Federal agencies. This temporary safety zone is necessary to protect 
the surrounding public and vessels from the hazards associated with the 
ice rescue exercise.

DATES: This rule is effective between 7 a.m. on January 17, 2012, and 7 
a.m. on January 20, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1161 and are available online 
by going to www.regulations.gov, inserting USCG-2011-1161 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, contact or email BM1 Adam Kraft, U.S. Coast Guard 
Sector Lake Michigan, at (414) 747-7148 or [email protected]. If 
you have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

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 an agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 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. The final details for the ice rescue exercise 
were not received by the Coast Guard in sufficient time for a comment 
period to run before the start of the event. Thus, waiting for a 
comment period to run would inhibit the Coast Guard from performing its 
statutory function of protecting life on navigable waters during the 
ice rescue exercise and thus would be impractical and contrary to the 
public interest.
    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, a 30 day notice period would be impractical 
and contrary to the public interest.

Background and Purpose

    Local, state, and federal officials have set up an ice rescue 
exercise on the waters of Green Bay. This exercise will provide a 
realistic simulation of a large scale ice rescue response that would 
include the efforts of multiple local, State, and Federal agencies. 
These exercises are meant to establish and maintain continuity in the 
response efforts of multiple agencies. The Captain of the Port Sector 
Lake has determined that this ice rescue exercise will pose hazards to 
the public.

Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Sector Lake Michigan has determined that it is necessary to establish a 
temporary safety zone to protect people and vessels. The safety zone 
will encompass all U.S. navigable waters of Green Bay within the arc of 
a circle with a 2000-yard radius of the Red River county park with its 
center point located with its center in the approximate position 
44[deg]40'00'' N, 087[deg]45'00'' W. [DATUM: NAD 83]. This safety zone 
will be effective and enforce between 7 a.m. on January 17, 2012 and 7 
a.m. on January 20, 2012.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her 
designated representative. Entry into, transiting, or anchoring within 
the safety zone is prohibited unless authorized by the Captain of the 
Port, Sector Lake Michigan, or his or her designated representative. 
The Captain of the Port, Sector Lake Michigan, or his or her designated 
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, 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. The 
Office of Management and Budget has not reviewed it under that Order.
    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 
relatively small and exist for relatively short time. Thus, 
restrictions on vessel movement within that particular area are 
expected to be minimal. Under certain conditions, moreover, vessels may 
still transit through the safety zone when permitted by the Captain of 
the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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

[[Page 2018]]

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 people or vessels intending to use this portion 
of Green Bay between 7 a.m. on January 17, 2012 and 7 a.m. on January 
20, 2012.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be enforced for a relatively short time. Plus, the Coast 
Guard expects that there will be little to no vessel traffic due to the 
fact that this portion of the waterway will be iced over. It is 
expected that ice fishermen may be affected but public notice flyers to 
be distributed throughout the town of Dyckesville, along with this 
publication in the Federal Register, will mitigate any economic impact 
and keep a substantial number of ice fishermen from being affected.
    In the event that this temporary safety zone affects shipping, 
commercial vessels may request permission from the Captain of The Port, 
Sector Lake Michigan, or his or her on scene representative to transit 
through the safety zone. The Coast Guard will give notice to the public 
via a Broadcast 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 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they could 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 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This rule will not affect 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 concern 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 which 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. This rule involves the establishment of a 
safety zone and is therefore categorically excluded under paragraph 
34(g) of the Instruction.
    A final environmental analysis check list and 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

[[Page 2019]]

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; 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 Sec.  165.T09-1161 to read as follows


Sec.  165.T09-1161  Safety Zone; Ice Rescue Exercise, Green Bay, 
Dyckesville, Wisconsin

    (a) Location. The safety zone will encompass all U.S. navigable 
waters of Green Bay within the arc of a circle with a 2000-yard radius 
of the Red River county park with its center point located with its 
center in the approximate position 44[deg]40'00'' N, 087[deg]45'00'' W. 
[DATUM: NAD 83].
    (b) Effective and enforcement period. This rule is effective and 
will be enforced from 7 a.m. on January 17, 2012, until 7 a.m. on 
January 20, 2012.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port, Sector Lake Michigan, or his or her designated 
representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Lake Michigan, or his 
or her designated representative.
    (3) The ``designated representative'' of the Captain of the Port, 
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty 
officer who has been designated by the Captain of the Port, Sector Lake 
Michigan, to act on his or her behalf. The designated representative of 
the Captain of the Port, Sector Lake Michigan, will be in the area of 
the ice rescue exercise at all times.
    (4) People or vessels desiring to enter or operate within the 
safety zone shall contact the Captain of the Port, Sector Lake 
Michigan, or his or her designated representative to obtain permission 
to do so. The Captain of the Port, Sector Lake Michigan, or his or her 
designated 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 Lake Michigan, or his or her designated representative.

    Dated: January 5, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2012-616 Filed 1-12-12; 8:45 am]
BILLING CODE 9110-04-P