[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Rules and Regulations]
[Pages 40798-40800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16897]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in the Captain 
of the Port Sault Sainte Marie zone. This 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: This rule is effective from 1 p.m. on August 3, 2012 until 5 
p.m. on August 5, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket [USCG-2012-0389]. To view documents in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box, and click ``SEARCH.'' You 
may visit the Docket Management Facility, 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 MST2 Kevin Moe, U.S. Coast Guard, Sector 
Sault Sainte Marie, telephone 906-253-2429, email at 
[email protected]. If you have questions on viewing the docket, call 
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 21, 2012, we published an NPRM entitled Safety Zone; 
Nautical City Festival Air Show, Rogers City MI; in the Federal 
Register (77 FR 29932). We received no comments on the proposed rule. 
No public meeting was requested, and none was held.
    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. Due to the timing of the event, 
waiting 30 days to make this rule effective would be impracticable.

B. Basis 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.

C. Discussion of 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 is establishing 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 safety zone will be effective from 1:00 p.m. on August 3, 2012 
until 5:00 p.m. on August 5, 2012. However, it will only be enforced 
from 1:00 p.m. until 5:00 p.m. each day on August 3-5, 2012. 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. All persons and vessels authorized to 
enter the safety zone shall 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.

D. 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.

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 that Order or under section 
1 of Executive Order 13563. The Office of Management and Budget has not 
reviewed it under these 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 will be 
relatively small and will exist for only a minimal time. Under certain 
conditions, moreover, vessels may still transit through the safety zone 
when permitted by proper authority.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant

[[Page 40799]]

economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might 
be small entities; owners and operators of vessels intending to transit 
the waters near Rogers City, Michigan, between 1 p.m. and 5 p.m. on 
August 3 through 5, 2012.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the same reasons discussed in 
the Regulatory Planning and Review section.

3. Assistance for Small Entities

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

4. 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).

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 of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it 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 
INTFORMATION 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

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 responsibilities 
between the Federal Government and Indian tribes.

12. 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.

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 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 it involves the establishment of a safety zone. 
A final 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. 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, 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) Effective and Enforcement period. This regulation is effective 
from 1 p.m. on August 3, 2012 until 5 p.m. on August 5, 2012. It will 
only be enforced, however, from 1 p.m. until 5 p.m. each day from 
August 3th until August 5th.
    (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

[[Page 40800]]

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: June 21, 2012.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2012-16897 Filed 7-10-12; 8:45 am]
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