[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Rules and Regulations]
[Pages 20035-20037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09417]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0220]
RIN 1625-AA00


Safety Zone; Lake Michigan, Fox River, De Pere, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Fox River, in the vicinity of Green Bay 
Metropolitan Sewerage District, De Pere facility and the Northern pier 
of the Perkofski Boat Launch. This action is needed to protect 
personnel and vessels from potential hazards created by the outfall of 
a fireworks display. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Lake Michigan.

DATES: This rule is effective from 9 p.m. through 11 p.m. on May 26, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0220 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email the marine event coordinator, MSTC Kaleena Carpino, 
Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI; 
telephone (414) 747-7148, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 doing so would be impracticable and 
contrary to the public interest. The final details for this event were 
not known to the Coast Guard until there was insufficient time 
remaining before the event to publish an NPRM. Thus, delaying the 
effective date of this rule to wait for a comment period to run would 
be both impracticable and contrary to the public interest because it 
would inhibit the Coast Guard's ability to protect the public, vessels, 
mariners, and property from the hazards associated with a fireworks 
display on May 26, 2019.
    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, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231); 33 CFR 1.05-1, 160.5; Department of 
Homeland Security Delegation No. 0170.1.
    A fireworks display will take plan on Fox River in De Pere, WI on 
May 26, 2019 from 9 p.m. through 11 p.m. The Captain of the Port Lake 
Michigan has determined that this fireworks display will pose a 
significant risk to public safety and property. Such hazards include 
premature and accidental detonations, falling and burning debris, and 
collisions among spectator vessels.

IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Lake Michigan has determined that this temporary safety zone is 
necessary to protect persons and vessels during the fireworks display 
in the waters of the Fox River, in De Pere, WI. This zone is effective 
and will be enforced from 9 p.m. through 11 p.m. on May 26, 2019. The 
safety zone will be enforced for all navigable waters of the Fox River, 
in the vicinity of Green Bay Metropolitan Sewerage District, De Pere 
facility and the Northern pier of the Perkofski Boat Launch within an 
area bounded by the following coordinates; at 44[deg]27'43.26'' N 
88[deg]03'34.86'' W (NAD 83) continuing east across the Fox River to 
44[deg]27'41.18'' N 88[deg]03'24.32'' W (NAD 83) then south along the 
riverbank to 44[deg]27'18.10'' N 88[deg]03'40.79'' W (NAD 83) then west 
across the Fox River to 44[deg]27'32.12'' N 88[deg]04'06.21'' W (NAD 
83) then north returning to the point of origin.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Lake Michigan 
or his or her designated on-scene representative. The Captain of the 
Port or his or her designated on-scene representative may be contacted 
via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 directs 
agencies to control regulatory costs through a budgeting process. This 
rule has not been designated a

[[Page 20036]]

``significant regulatory action,'' under Executive Order 12866. 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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. This regulatory action determination is based 
on the size, location, duration, and time-of-year of the safety zone. 
The safety zone created by this rule will be relatively small and 
enforced for only two hours. Under certain conditions, vessels may 
still transit through the safety zone when permitted by the Captain of 
the Port. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator
    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 rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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 is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that 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 involves 
a safety zone lasting only 2 hours that will prohibit entry within the 
established safety zone for the firework display. It is categorically 
excluded from further review under paragraph L60a of Appendix A, Table 
1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0220 to read as follows:


Sec.  165.T09-0220  Safety Zone; Lake Michigan, Fox River, De Pere, WI.

    (a) Location. All navigable waters of the Fox River, in the 
vicinity of Green Bay Metropolitan Sewerage District, De Pere facility 
and the Northern pier of the Perkofski Boat Launch within an area 
bounded by the following coordinates; at 44[deg]27'43.26'' N 
88[deg]03'34.86'' W (NAD 83) continuing east across the Fox River to 
44[deg]27'41.18'' N 88[deg]03'24.32'' W (NAD 83) then south along the 
riverbank to 44[deg]27'18.10'' N 88[deg]03'40.79'' W (NAD 83) then west 
across the Fox River to 44[deg]27'32.12'' N 88[deg]04'06.21'' W (NAD

[[Page 20037]]

83) then north returning to the point of origin.
    (b) Effective and enforcement period. This section is effective and 
will be enforced from 9 p.m. through 11 p.m. on May 26, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port Lake 
Michigan or a designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Lake Michigan or a designated 
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port Lake 
Michigan is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Lake Michigan to act on 
his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Lake Michigan or an on-scene 
representative to obtain permission to do so. The Captain of the Port 
Lake Michigan or an 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 Lake Michigan or an on-scene representative.

    Dated: May 2, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2019-09417 Filed 5-7-19; 8:45 am]
 BILLING CODE 9110-04-P