[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Rules and Regulations]
[Pages 22218-22221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8753]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0206]
RIN 1625-AA00


Safety Zone; Temporary Change for Air and Water Shows Within the 
Captain of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement 
periods of three permanent safety zone regulations for recurring air 
and water shows that occur within the Captain of the Port Lake Michigan 
zone. These regulations apply to only the enforcement periods of three 
recurring Air and Water Shows. These safety zones are necessary to 
provide for the safety of life on navigable waters during these 
potentially dangerous events. This action is intended to notify the 
public about the temporary changes to the published enforcement periods 
for these three events.

DATES: This rule is effective from July 3, 2012 through August 19, 
2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0206 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0206 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 email BM1 Adam Kraft, Prevention Department, 
Coast Guard, Sector Lake Michigan, Milwaukee, WI, telephone (414) 747-
7148, email [email protected]. If you have questions on viewing or 
submitting material to 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 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 publishing an NPRM is unnecessary as 
we previously published an NPRM (see 76 FR 30072) for the annual events 
listed in 33 CFR 165.929. When the NPRM was made available for comment, 
there were no objections to these events. This regulation represents 
the re-scheduling of the following events listed in Sec.  165.929: the 
Gary Air and Water Show, the Chicago Air and Water Show, and the 
Milwaukee Air and Water Show. In addition, waiting for a comment period 
to run would inhibit the Coast Guard from performing its statutory 
function of protecting life on navigable waters from the hazards 
associated with air and water shows. Thus, waiting for a notice and 
comment

[[Page 22219]]

period to run would also be impractical and contrary to the public 
interest.

Background and Purpose

    The Gary Air and Water Show, the Chicago Air and Water Show, and 
the Milwaukee Air and Water are held annually on or adjacent to U.S. 
navigable waters within the Captain of the Port Lake Michigan zone. 
Because of their recurring nature, a permanent safety zone with 
specific enforcement periods has been established for each event in 33 
CFR 165.929. The organizers for these events, however, have temporarily 
rescheduled these events for the summer of 2012.
    The Gary Air and Water Show is normally scheduled to occur from 10 
a.m. to 9 p.m. on Friday, Saturday, and Sunday during the 2nd weekend 
of July each year.
    This year, however, the event will take place on Tuesday, Thursday, 
Friday, Saturday, and Sunday during the first week of July. The 
enforcement times this year will be from 12 p.m. to 5 p.m. on Tuesday 
and Thursday, from 2:30 p.m. to 9:30 p.m. on Friday, and then from 10 
a.m. to 5 p.m. on Saturday and Sunday.
    The Milwaukee Air and Water show is normally scheduled to occur 
from 10 a.m. to 5 p.m. on the first Thursday, Friday, Saturday, and 
Sunday of each August. This year, however, the event will take place on 
the second Friday, Saturday, and Sunday of August. The enforcement 
times will be from 8 a.m. to 4 p.m. each day.
    The Chicago Air and Water Show is normally scheduled to occur from 
9 a.m. to 6 p.m. on the third Thursday, Friday, Saturday, and Sunday of 
August each year. This year, however, the event will take place on the 
third Wednesday, Friday, Saturday, and Sunday of August. The 
enforcement times will be from 12 p.m. to 3 p.m. on Wednesday and from 
9 a.m. to 4 p.m. on Friday through Sunday.

Discussion of Rule

    This rule temporarily amends the regulations found in 33 CFR 
165.929, Annual Events requiring safety zones in the Captain of the 
Port Lake Michigan zone. Specifically, this rule will temporarily 
suspend Sec.  165.929 (a)(42), (a)(43), and (a)(64) and temporarily add 
Sec.  165.929 (a)(76), (a)(77), and (a)(78). The amendments will 
temporarily modify the enforcement dates and times of the three 
aforementioned events. These modifications are necessary to protect 
vessels and people from the hazards associated with large scale air and 
water shows.
    The safety zone located at 33 CFR 165.929(a)(42) for the Gary Air 
and Water Show will be enforced on July 3 and 5, 2012 from 12 p.m. to 5 
p.m., on July 6, 2012 from 2:30 p.m. to 9:30 p.m., and on July 7-8, 
2012, from 10 a.m. to 5 p.m.
    The safety zone located at 33 CFR Sec.  165.929(a)(43) for the 
Milwaukee Air and Water show will be enforced on August 15, 2012 from 
12 p.m. to 3 p.m. and on August 17-19, 2012, from 9 a.m. to 4 p.m.
    The safety zone located at 33 CFR Sec.  165.929(a)(64) for the 
Chicago Air and Water Show will be enforced on August 10-12, 2012 from 
8 a.m. to 4 p.m.
    Entry into, transiting, or anchoring within these safety zones 
during an enforcement period is prohibited without the authority of 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. 
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.
    The Captain of the Port Lake Michigan will notify the public when 
the zones in this rule will be enforced by all appropriate means, in 
keeping with 33 CFR 165.7(a). In addition to publishing this rule in 
the Federal Register, such means of notification may also include, but 
are not limited to Broadcast Notice to Mariners or Local Notice to 
Mariners. The Captain of the Port will issue a Broadcast Notice to 
Mariners notifying the public when enforcement of the safety zone 
established by this section is cancelled.

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 that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders. 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 zones discussed in this rule will be 
relatively small and enforced for relatively short time. Also, each 
safety zone is designed to minimize its impact on navigable waters. 
Furthermore, each safety zone has been designed to allow vessels to 
transit unrestricted to portions of the waterways not affected by the 
safety zones. Thus, restrictions on vessel movement within any 
particular area are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through a safety zone when 
permitted by the Captain of the Port, Sector Lake Michigan. On the 
whole, the Coast Guard expects insignificant adverse impact to mariners 
from the enforcement of these safety zones.

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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in any one of the below established safety zones 
while the safety zone is being enforced. These safety zones will not 
have a significant economic impact on a substantial number of small 
entities for the following reasons: Each safety zone in this rule will 
be enforced for only a few hours within any given 24 hour period and 
only for a few days. Furthermore, these safety zones have been designed 
to allow traffic to pass safely around each zone. Moreover, vessels 
will be allowed to pass through each zone at the discretion of the 
Captain of the Port, Sector Lake Michigan, or his or her designated 
representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121),

[[Page 22220]]

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 an 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 establishes a safety zone, and 
thus, paragraph (34)(g) of the Instruction. 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.

    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. From July 3, 2012 through August 19, 2012, amend Sec.  165.929 as 
follows:
0
a. Suspend paragraphs (pp), (qq), and (lll); and
0
b. Add paragraphs (sss), (ttt), and (uuu) to read as follows:


Sec.  165.929  Safety Zones; Annual events requiring safety zones in 
the Captain of the Port Lake Michigan zone.

* * * * *
    (sss) Gary Air and Water Show; Gary, IN.
    (i) Location. All waters of Lake Michigan bounded by a line drawn 
from 41[deg]37'42'' N, 087[deg]16'38'' W; then east to 41[deg]37'54'' 
N, 087[deg]14'00'' W; then south to 41[deg]37'30'' N, 087[deg]13'56'' 
W; then west to 41[deg]37'17'' N, 087[deg]16'36'' W; then north 
returning to the point of origin (NAD 83).
    (ii) Enforcement date and time. July 3 and 5, 2012 from 12 p.m. to 
5 p.m.; July 6, 2012 from 2:30 p.m. to 9:30 p.m.; and on July 7-8, 
2012, from 10 a.m. to 5 p.m.
    (ttt) Milwaukee Air and Water Show; Milwaukee, WI.

[[Page 22221]]

    (i) Location. All waters and adjacent shoreline of Lake Michigan 
and Bradford Beach located within a 4000-yard by 1000-yard rectangle. 
The rectangle will be bounded by the points beginning at points 
beginning at 43[deg]02'50'' N, 087[deg]52'36'' W; then northeast to 
43[deg]04'33'' N, 087[deg]51'12'' W; then northwest to 43[deg]04'40'' 
N, 087[deg]51'29'' W; then southwest to 43[deg]02'57'' N, 
087[deg]52'53'' W; the southeast returning to the point of origin (NAD 
83).
    (ii) Enforcement date and time. August 15, 2012 from 12 p.m. to 3 
p.m.; August 17-19, 2012, from 9 a.m. to 4 p.m.
    (uuu) Chicago Air and Water Show; Chicago, IL.
    (i) Location. All waters and adjacent shoreline of Lake Michigan 
and Chicago Harbor bounded by a line drawn from 41[deg]55'54'' N at the 
shoreline, then east to 41[deg]55'54'' N, 087[deg]37'12'' W, then 
southeast to 41[deg]54'00'' N, 087[deg]36'00'' W (NAD 83), then 
southwestward to the northeast corner of the Jardine Water Filtration 
Plant, then due west to the shore.
    (ii) Enforcement date and time. August 10-12, 2012 from 8 a.m. to 4 
p.m.
* * * * *

    Dated: March 14, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. 2012-8753 Filed 4-12-12; 8:45 am]
BILLING CODE 9110-04-P