Safety Zone; Balloon Glow Fireworks, Manitowoc River, Manitowoc, WI
| Published date | 08 August 2019 |
| Citation | 84 FR 38869 |
| Record Number | 2019-16958 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 84 Issue 153 (Thursday, August 8, 2019)
[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38869-38871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16958]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0670]
RIN 1625-AA00
Safety Zone; Balloon Glow Fireworks, Manitowoc River, Manitowoc,
WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Manitowoc River and Manitowoc Harbor in
Manitowoc, WI during the Balloon Glow Fireworks event. This temporary
safety zone is necessary to protect spectators, mariners, vessels, and
property from potential hazards associated with a fireworks display.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Lake
Michigan.
DATES: This rule is effective from 8:30 p.m. through 10 p.m. on August
16, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0670 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 Chief Petty Officer Kyle Weitzell, Sector Lake Michigan
Waterways Management Division, U.S. Coast Guard; 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 the Coast Guard did not receive the
final details of this fireworks display in sufficient time to publish
an NPRM. Delaying the effective date of this rule to wait for a commend
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, mariners, vessels, and property from the hazards associated
with this event which is scheduled on August 16, 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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with a fireworks
display scheduled for August 16, 2019.
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). The Captain of the Port Lake
Michigan has determined that potential hazards associated with a
fireworks display on August 16, 2019, will be a safety concern for
anyone within a 500-foot radius of a vessel used to launch fireworks
near the mouth of the Manitowoc River in Manitowoc, WI at coordinates
44[deg]05'31'' N, 087[deg]39'07'' W. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:30 p.m. through 10 p.m.
on August 16, 2019 for navigable waters of the Manitowoc River and
Manitowoc Harbor of Lake Michigan in Manitowoc, WI within 500 feet of a
vessel used to launch fireworks at coordinates 44[deg]05'31'' N,
087[deg]39'07'' W. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters from falling embers and fireworks debris during the fireworks
[[Page 38870]]
display. Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the COTP or a designated on-scene
representative. The COTP or a 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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``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.
This regulatory action determination is based on the size and
duration of this action. The safety zone created by this rule will be
relatively small and is designed to minimize its impact on navigable
waters. This rule will prohibit entry into an area of the Manitowoc
River and Manitowoc Harbor of Lake Michigan in Manitowoc, WI that is
within 500 feet of a vessel used to launch fireworks at coordinates
44[deg]05'31'' N, 087[deg]39'07'' W during the fireworks display, not
to exceed one and one half hour in duration. 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 Lake
Michigan.
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
call or email 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 call or email 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 Environmental Planning COMDTINST 5090.1 (series),
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 establishment of a safety zone lasting
not more than one and one half hour that will prohibit entry within 500
feet of a vessel used to launch fireworks. It is categorically excluded
from further review under paragraph L60(a) in Table 3-1 of U.S. Coast
Guard Environmental Planning Implementing Procedures. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES once it is completed.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
[[Page 38871]]
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.T09-0670 to read as follows:
Sec. 165.T09-0670 Safety Zone; Balloon Glow Fireworks, Manitowoc
River, Manitowoc, WI.
(a) Location. All navigable waters of the Manitowoc River and
Manitowoc Harbor of Lake Michigan in Manitowoc, WI within 500 feet of a
vessel used to launch fireworks at coordinates 44[deg]05'31'' N,
087[deg]39'07'' W.
(b) Enforcement period. This rule will be enforced from 8:30 p.m.
through 10 p.m. on August 16, 2019.
(c) Regulations. (1) In accordance with the general regulations in
section Sec. 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 (COTP) or a designated on-scene
representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated on-scene representative.
(3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
COTP to act on his or her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or an on-scene representative to obtain
permission to do so. The COTP 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 COTP or an on-scene representative.
Dated: August 2, 2019.
L.M. Lusk,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Lake
Michigan.
[FR Doc. 2019-16958 Filed 8-7-19; 8:45 am]
BILLING CODE 9110-04-P
