[Federal Register: August 8, 2003 (Volume 68, Number 153)]
[Rules and Regulations]
[Page 47241-47243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au03-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-224]
RIN 1625-AA97
Safety Zone; Harley Davidson Motor Company 100th Anniversary
Fireworks, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
Milwaukee Harbor for the Harley Davidson 100th Anniversary fireworks
display. This safety zone is necessary to protect spectators and
vessels from the hazards associated with the storage, preparation, and
launching of fireworks. This safety zone is intended to restrict vessel
traffic from a portion of Milwaukee Harbor.
DATES: This rule is effective from 9:50 p.m. (CST) on August 30, 2003
until 10:15 p.m. (CST) on September 1, 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 CGD09-03-224 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 First Class
Mike Schmitdke, Marine Safety Office Milwaukee, at (414)747-7155.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 16, 2003 we published a notice of proposed rulemaking
(NPRM) for this regulation (68 FR 35615). The permit application was
received such that we could receive public comment on the proposed
rule. However, 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 from
the date of publication. The permit application did not allow
sufficient time for publication of an NPRM followed by a temporary
final rule effective 30 days after publication. Any delay of the
effective date of this rule would be contrary to the public interest by
exposing the public to the known dangers associated with fireworks
displays and the possible loss of life, injury, and damage to property.
[[Page 47242]]
Background and Purpose
This safety zone is established to safeguard the public from the
hazards associated with launching of fireworks inside Milwaukee Harbor.
The size of the zone was determined by using previous experiences with
fireworks displays in the Captain of the Port Milwaukee zone and local
knowledge about wind, waves, and currents in this particular area.
This rule is effective from 9:50 p.m. (CST) on August 30, 2003
until 10:15 p.m. (CST) on September 1, 2003. The safety zone will
encompass all waters and adjacent shoreline bounded by the arc of the
circle with a 1680-foot radius with its center in approximate position
43[deg] 02.16' N, 087[deg] 53.18' W. These coordinates are based upon
North American Datum 1983 (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 Comments and Changes
We received no comments for this rule.
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.
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
outer Milwaukee Harbor from 9:50 p.m. (CST) until 10:15 p.m. (CST) on
August 30 and 31, 2003. And again on September 1, 2003 in the event of
inclimate weather.
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
government 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 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
[[Page 47243]]
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), of the Instruction, 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. 0170.1.
0
2. A new temporary Sec. 165.T09-224 is added to read as follows:
Sec. 165.T09-224 Safety Zone; Harley Davidson Motor Company 100th
Anniversary Fireworks, Milwaukee, Wisconsin.
(a) Location. The following area is a safety zone: All waters and
adjacent shoreline bounded by the arc of a circle with a 1680-foot
radius with its center in approximate position 43[deg]02.16'N,
087[deg]53.18' W, located in Milwaukee Harbor. These coordinates are
based upon North American Datum 1983.
(b) Enforcement periods. This rule is effective from 9:50 p.m.
(CST) on August 30, 2003 until 10:15 p.m. (CST) on September 1, 2003.
This section will be enforced from 9:50 (CST) until 10:15 (CST) on
August 30; again on August 31; and, in the event of inclement weather,
during these same times on September 1, 2003.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is subject to the
following requirements:
(1) This safety zone is closed to all marine traffic, except as may
be permitted by the Captain of the Port or his duly appointed
representative.
(2) The ``duly appointed representative'' of the Captain of the
Port is any Coast Guard commissioned, warrant or petty officer who has
been designated by the Captain of the Port, Milwaukee, Wisconsin to act
on his behalf. The representative of the Captain of the Port will be
aboard either a Coast Guard or Coast Guard Auxiliary vessel.
(3) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port or his representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone shall comply with all directions given to
them by the Captain of the Port or his representative.
(4) The Captain of the Port may be contacted by telephone via the
Command Duty Officer at (414) 747-7155 during working hours. Vessels
assisting in the enforcement of the safety zone may be contacted on
VHF-FM channels 16 or 21A. Vessel operators may determine the
restrictions in effect for the safety zone by coming alongside a vessel
patrolling the perimeter of the safety zone.
(5) Coast Guard Group Milwaukee will issue a Marine Safety
Information Broadcast Notice to Mariners to notify the maritime
community of the safety zone and restriction imposed.
Dated: July 30, 2003.
H.M. Hamilton,
Commander, U.S. Coast Guard, Captain of the Port, Milwaukee, Milwaukee,
Wisconsin.
[FR Doc. 03-20195 Filed 8-7-03; 8:45 am]
BILLING CODE 4910-15-P