[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Proposed Rules]
[Pages 29932-29935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12261]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0389]
RIN 1625-AA00


Safety Zone; Nautical City Festival Air Show, Rogers City, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone in the 
Captain of the Port Sault Sainte Marie zone. This proposed safety zone 
is intended to restrict vessels from certain portions of water areas 
within Sector Sault Sainte Marie Captain of the Port zone. This 
temporary safety zone is necessary to protect spectators and vessels 
from the hazards associated with an air show performance.

DATES: Comments and related materials must be received by the Coast 
Guard on or before June 20, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0389 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email MST3 Kevin Moe, Prevention Department, Coast Guard, 
Sector Sault Sainte Marie, MI, telephone (906) 253-2429, 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0389), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit

[[Page 29933]]

the comment. If you fax, hand deliver, or mail your comment, it will be 
considered as having been received by the Coast Guard when it is 
received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2012-0389'' in the ``Keyword'' box. 
If you submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
insert ``USCG-2012-0389'' and click ``Search.'' You may also visit the 
Docket Management Facility in Room W12-140 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. We have an agreement with the Department of 
Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one by using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    On the weekend of August 3 through 5, 2012, The Nautical City 
Festival will be celebrating Calcite's 100th Anniversary. As part of 
that celebration, an air show will be launched to the east of the 
Rogers City marina. The Captain of the Port Sault Sainte Marie has 
determined that the air show event poses various hazards to the public 
such as debris falling into the water and general congestion of the 
waterway.

Discussion of Proposed Rule

    To safeguard against the dangers posed by the Nautical City 
Festival air show near Rogers City, MI, the Captain of the Port Sault 
Sainte Marie has determined that a temporary safety zone is necessary. 
Thus, the Captain of the Port Sault Sainte Marie proposes to establish 
a safety zone on Lake Huron to include all waters within a 5000' by 
2000' rectangle bounded by a line drawn from 45[deg]25'30.67'' N, 
083[deg]48'19.54'' W then southeast to 45[deg]25'24.85'' N, 
083[deg]47'09.68'' W then southwest to 45[deg]25'05.41'' N, 
083[deg]47'12.84'' W then northwest to 45[deg]25'11.30'' N 
083[deg]48'22.88'' W then back to the point of origin [DATUM: NAD 83].
    This proposed safety zone would be enforced from 1 p.m. until 5 
p.m. each day on August 3-5, 2012. Entry into, transiting, or anchoring 
within the proposed safety zone would be prohibited unless authorized 
by the Captain of the Port Sector Sault Sainte Marie or his on-scene 
representative. All persons and vessels authorized to enter the 
proposed safety zone would be required to comply with the instructions 
of the Coast Guard Captain of the Port or the designated 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 proposed 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 proposed 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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS). We conclude that this proposed 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 
established by this proposed rule will be relatively small and enforced 
for a relatively short time. Also, the safety zone is designed to 
minimize its impact on navigable waters in that vessels may still 
transit unrestricted portions of the waterways. Under certain 
conditions, moreover, vessels may still transit through the safety zone 
when permitted by the Captain of the Port Sault Sainte Marie. On the 
whole, the Coast Guard expects insignificant adverse impact to mariners 
from the enforcement of this proposed safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: The owners and operators of vessels 
intending to transit around the waters near Rogers City, Michigan, 
between 1 p.m. and 5 p.m. on August 3 through 5, 2012.
    This proposed 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 only four hours per day. 
Vessel traffic may still safely pass outside the safety zone during the 
event. 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 to Mariners that the 
regulation is in effect.

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    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.

Assistance for Small Entities

    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 understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If this 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact MST3 Kevin Moe, 
Prevention Department, Coast Guard Sector Sault Sainte Marie, MI at 
(906) 253-2429. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

Collection of Information

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

Taking of Private Property

    This proposed rule will not affect the 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
may disproportionately affect children.

Indian Tribal Governments

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

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. This proposed rule involves the establishment of a safety 
zone and therefore paragraph (34) (g) of figure 2-1 applies. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

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 proposes 
to amend 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. 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.

    2. Add Sec.  165.T09-0389 to read as follows:


Sec.  165.T09-0389  Safety Zone: Nautical City Festival Air Show, 
Rogers City MI.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of Lake Huron inside a 5000' by 2000' rectangle 
bounded by a line drawn from 45[deg]25'30.67'' N, 083[deg]48'19.54'' W 
then southeast to 45[deg]25'24.85'' N, 083[deg]47'09.68'' W then 
southwest to 45[deg]25'05.41''N,

[[Page 29935]]

083[deg]47'12.84'' W then northwest to 45[deg]25'11.30'' N 
083[deg]48'22.88'' W then back to the point of origin [DATUM: NAD 83].
    (b) Enforcement period. This regulation will be enforced from 1 
p.m. until 5 p.m. on August 3-5, 2012.
    (1) The Captain of the Port, Sector Sault Sainte Marie may suspend 
at any time the enforcement of the 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 the 
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) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Sault 
Sainte Marie to monitor these safety zones, permit entry into these 
safety zones, give legally enforceable orders to persons or vessels 
within these safety zones, or take other actions authorized by the 
Captain of the Port.
    (2) Public vessel means a vessel owned, chartered, or operated by 
the United States or by a State or political subdivision thereof.
    (d) Regulations. (1) The general regulations in 33 CFR 165.23 
apply.
    (2) All persons and vessels must comply with the instructions of 
the Coast Guard Captain of the Port Sault Sainte Marie or a designated 
representative. Upon being hailed by the U.S. Coast Guard by siren, 
radio, flashing light or other means, the operator of a vessel shall 
proceed as directed.
    (3) When the safety zone established by this section is being 
enforced, all vessels must obtain permission from the Captain of the 
Port Sault Sainte Marie or his or her designated representative to 
enter, move within, or exit that safety zone. Vessels and persons 
granted permission to enter the safety zone shall obey all lawful 
orders or directions of the Captain of the Port or his or her 
designated representative. While within the safety zone, all vessels 
shall operate at the minimum speed necessary to maintain a safe course.
    (e) Exemption. Public vessels, as defined in paragraph (c) of this 
section, are exempt from the requirements in this section.

    Dated: May 4, 2012.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2012-12261 Filed 5-18-12; 8:45 am]
BILLING CODE 9110-04-P