[Federal Register: August 8, 2003 (Volume 68, Number 153)]
[Rules and Regulations]
[Page 47239-47241]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au03-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-227]
RIN 1625-AA00
Safety Zone; Milwaukee Harbor, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone inside
Milwaukee Harbor for the Offshore Power Boat Races. This safety zone is
necessary to protect spectators and vessels from the hazards associated
with high speed vessels. This safety zone is intended to restrict
vessel traffic from a portion of the Milwaukee Harbor.
DATES: This rule is effective from 9 a.m. on August 8, 2003 until 5
p.m. on August 10, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD09-03-227] and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office Milwaukee, 2420 South
Lincoln Memorial Drive, Milwaukee, WI 53207 between 7 a.m. and 3:30
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Marine Science Technician Chief Dave
McClintock, Marine Safety Office Milwaukee, at (414) 747-7155.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The permit application was not
received in time to publish an NPRM followed by a final rule before the
effective date. Delaying this rule would be contrary to the public
interest of ensuring the safety of spectators and vessels during this
event and immediate action is necessary to prevent possible loss of
life or property. The Coast Guard has not received any complaints or
negative comments previously with regard to this event.
For the same reasons, 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.
Background and Purpose
This safety zone is established to safeguard the public from the
hazards of high-speed boat races. The size of the zone was determined
by the race course and using previous experiences of high-speed boat
races in the Captain of the Port zones and local knowledge about wind,
waves, and currents in this particular area.
The safety zone will be enforced on August 8, 2003 from 9 a.m.
until 4 p.m.; on August 9 and 10, 2003 from 9 a.m. until 5 p.m. The
safety zone will start at the following coordinates: 43[deg] 02.423' N
087[deg] 53.167' W west to 43[deg] 02.422' N 087[deg] aves\rules.xml
53.442' W south to 43[deg] 01.583' N 087[deg] 53.550' W southeast to
43[deg] 00.533' N 087[deg] 53.091' W east to 43[deg] 00.619' N 087[deg]
52.827' W north to 43[deg] 01.587' N 087[deg] 53.244' W north to ending
waypoint 43[deg] 02.423' N 087[deg] 53.167' W located inside of
Milwaukee Harbor. There will also be a northern zone prohibiting vessel
traffic into the
[[Page 47240]]
racing area at the following position 43[deg] 02.473' N 087[deg]
52.877' W to 43[deg] 02.535' N 087[deg] 53.020' W to 43[deg] 02.565' N
087[deg] 53.127' W to 43[deg] 02.590' N 087[deg] 53.260' W. There will
also be a southern zone which also provides a lane for recreational
vessels into inner Milwaukee Harbor. At the following position 43[deg]
00.490' N 087[deg] 52.660' W to 43[deg] 00.429' N 087[deg] 52.744' W to
43[deg] 00.373' N 087[deg] 52.886' W to 43[deg] 00.343' N 087[deg]
53.055' W to 43[deg] 00.508' N 087[deg] 53.246' W to 43[deg] 00.597' N
087[deg] 53.318' W to 43[deg] 00.911' N 087[deg] 53.467' W to 43[deg]
01.100' N 087[deg] 53.559' W to 43[deg] 01.218' N 087[deg] 53.612' W to
43[deg] 01.311' N 087[deg] 53.642' W to 43[deg] 01.378' N 087[deg]
53.617' W to 43[deg] 01.504' N 087[deg] 53.649' W (NAD 83)
All persons and vessels shall comply with the instructions of the
Captain of the Port Milwaukee or his designated on scene patrol
personnel. Entry into, transiting, or anchoring within the safety zone
is prohibited unless authorized by the Captain of the Port Milwaukee or
his designated on scene representative. The Captain of the Port
Milwaukee may be contacted via VHF Channel 16.
Discussion of Rule
The Coast Guard is establishing a safety zone running between the
break walls inside and outside Milwaukee Harbor, Milwaukee, Wisconsin.
High-speed vessels will be transiting the inner harbor on Friday August
8, 2003 to tune their engines and become familiar with the race course.
Due to other vessel traffic there will be times that when the high-
speed vessels will not be transiting the area so other vessels may
transit this area. On August 9 and 10, 2003 the races will occur. There
will be breaks between races for other vessels to transit in and out of
the harbor. The Coast Guard will notify the public, in advance, by way
of Ninth Coast Guard District Local Notice to Mariners, marine
information broadcasts, and for those who request it from Marine Safety
Office Milwaukee, by facsimile (fax).
Regulatory Evaluation
This 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).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities: the owners or
operators of vessels intending to transit or anchor in the vicinity of
the inner and outer Milwaukee Harbor on August 8, 2003 from 9 a.m.
until 4 p.m. and again on August 9 and August 10, 2003 from 9 a.m.
until 5 p.m.
This 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 one hour on one day and late in the day
when vessel traffic is minimal. Vessel traffic may enter or transit
through the safety zone with the permission of the Captain of the Port
Milwaukee or his designated on scene representative. Before the
effective period, we will issue maritime advisories widely available to
users of the Port of Milwaukee.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. 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 Marine Safety Office Milwaukee
(See ADDRESSES.)
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).
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 or more in any
one year. Though this rule would 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 effect 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
[[Page 47241]]
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2. of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g) of the Commandant Instruction M16475.1D, from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170
.0
2. A new temporary Sec. 165.T09-227 is added to read as follows:
Sec. 165.T09-227 Safety Zone; Milwaukee Harbor, Milwaukee, WI.
(a) Location. The following is a safety zone bounded by the
following coordinates: 43[deg] 02.423' N 087[deg] 53.167' W west to
43[deg] 02.422' N 087[deg] 53.442' W south to 43[deg] 01.583' N
087[deg] 53.550' W southeast to 43[deg] 00.533' N 087[deg] 53.091' W
east to 43[deg] 00.619' N 087[deg] 52.827' W north to 43[deg] 01.587' N
087[deg] 53.244' W north to ending waypoint 43[deg] 02.423' N 087[deg]
53.167' W located inside of Milwaukee Harbor. There will also be a
northern zone prohibiting vessel traffic into the racing area at the
following position 43[deg] 02.473' N 087[deg] 52.877' W to 43[deg]
02.535' N 087[deg] 53.020' W to 43[deg] 02.565' N 087[deg] 53.127' W to
43[deg] 02.590' N 087[deg] 53.260' W. There will also be a southern
zone which also provides a lane for recreational vessels into inner
Milwaukee Harbor. At the following position 43[deg] 00.490' N 087[deg]
52.660' W to 43[deg] 00.429' N 087[deg] 52.744' W to 43[deg] 00.373' N
087[deg] 52.886' W to 43[deg] 00.343' N 087[deg] 53.055' W to 43[deg]
00.508' N 087[deg] 53.246' W to 43[deg] 00.597' N 087[deg] 53.318' W to
43[deg] 00.911' N 087[deg] 53.467' W to 43[deg] 01.100' N 087[deg]
53.559' W to 43[deg] 01.218' N 087[deg] 53.612' W to 43[deg] 01.311' N
087[deg] 53.642' W to 43[deg] 01.378' N 087[deg] 53.617' W to 43[deg]
01.504' N 087[deg] 53.649' W (NAD 83)
(b) Enforcement Periods. This rule is effective from 9 a.m. on
August 8, 2003 until 5 p.m. on August 10, 2003. This section will be
enforced from 9 a.m. until 4 p.m. on August 8, 2003 for warm-ups; and
from 9 a.m. until 5 p.m. on August 9 and again on August 10, 2003 for
the races.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port Milwaukee or the designated on
scene patrol personnel. Coast Guard patrol personnel include
commissioned, warrant or petty officers of the U.S. Coast Guard. Upon
being hailed by a U.S. Coast Guard vessel via siren, radio, flashing
light, or other means, the operator shall proceed as directed.
(3) This safety zone should not adversely affect shipping. However,
commercial vessels may request permission from the Captain of the Port
Milwaukee to enter or transit the safety zone. Approval will be made on
a case-by-case basis. Requests must be in advance and approved by the
Captain of the Port Milwaukee before transits will be authorized. The
Captain of the Port Milwaukee may be contacted via U.S. Coast Guard
Group Milwaukee on Channel 16, VHF-FM.
Dated: July 30, 2003.
H.M. Hamilton,
Commander, U.S. Coast Guard Captain of the Port Milwaukee.
[FR Doc. 03-20194 Filed 8-7-03; 8:45 am]
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