[Federal Register: June 10, 2004 (Volume 69, Number 112)]
[Rules and Regulations]
[Page 32448-32449]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn04-6]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-04-001]
RIN 1625-AA00
Security Zone; Professional Golfer's Association Championship
Tour, Sheboygan, WI; Lake Michigan
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
a portion of Lake Michigan in Sheboygan, WI during the Professional
Golfers' Association (PGA) Championship Event. This action is part of a
comprehensive security plan designed to maximize the safety of the
numerous high-profile spectators and athletes expected at this event.
This action is intended to restrict vessel traffic for a portion of
Lake Michigan off of Sheboygan, WI.
DATES: This rule is effective from 7 a.m. (local) August 9, 2004, until
8 p.m. (local) August 17, 2004.
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 [CGD09-04-001], are available for inspection or
copying at MSO Milwaukee between 7 a.m. and 3:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Marine Science Technician Mike
Schmidtke, MSO Milwaukee, at (414) 747-7155.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 29, 2004, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone; Professional Golfer's Association
Championship Tour, Sheboygan, WI; Lake Michigan'' in the Federal
Register (69 FR 16186). We received no letters commenting on the
proposed rule. No public hearing was requested, and none was held.
Background and Purpose
This security zone is necessary to safeguard the PGA Championship
Tour players and attendees from potential waterborne threats and
hazards. Due to the intense public interest in, and extensive media
coverage of this event, the Captain of the Port (COTP) expects a
significantly large number of spectators in confined areas adjacent to
Lake Michigan.
The security zone coordinates have changed from what was previously
published in the Federal Register. These coordinates have changed to
increase the safety of the public as well as the Coast Guard vessels
patrolling the security zone due to underwater obstructions around and
on the previous perimeter of the security zone. The changes made to
these coordinates are not significant and still encompass the area as
previously discussed. As modified, the COTP is implementing this
security zone to ensure the safety and security of both participants
and spectators in these areas beginning on August 9, 2004, and
concluding on August 17, 2004. Security zone enforcement will occur
daily between 7 a.m. and 8 p.m.
Discussion of Comments and Changes
We received no comments in response to this rulemaking and no
changes, other than those for safety reasons mentioned in the
Background and Purpose section, were made.
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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This determination is based on the minimal time
that vessels will be restricted from the zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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, some of which might
be small entities: the owners or operators of commercial vessels
intending to transit, moor or anchor in a portion of the activated
security zone.
This security zone does 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 the 9 days of the event and vessel
traffic can safely pass outside of the security zone during the event.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), 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.
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
[[Page 32449]]
this rule under that Order and have determined that this rule 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 does not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does not affect 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 will not create an
environmental risk to health or risk to safety that might
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. 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.
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 Instruction, from further environmental
documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, 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. From 7 a.m. (local) August 9, 2004, until 8 p.m. (local) August 17,
2004, add Sec. 165.T09-001 to read as follows:
Sec. 165.T09-001 Security Zone; Professional Golfer's Association
Championship Tour, Sheboygan, WI; Lake Michigan.
(a) Location. The following area is a security zone: All waters and
adjacent shoreline encompassed by the following coordinates starting at
43[deg]52.385' N, 087[deg]44.211' W; then east to 43[deg]52.405' N,
087[deg]43.205' W; then south to 43[deg]49.601' N, 087[deg]42.702' W;
then west to 43[deg]49.604' N, 087[deg]43.773' W; then following the
shoreline north back to point of origin (NAD 83).
(b) Effective period. This section is effective from 7 a.m. (local)
August 9, 2004, until 8 p.m. (local) August 17, 2004.
(c) Regulations. (1) Entry into or remaining in this zone is
prohibited unless authorized by Captain of the Port Milwaukee.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number (414) 747-7155 or
on VHF channel 16 or VHF channel 21A to seek permission to transit the
area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port or his designated
representative.
Dated: June 2, 2004.
H.M. Hamilton,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 04-13074 Filed 6-9-04; 8:45 am]
BILLING CODE 4910-15-P