[Federal Register: March 29, 2004 (Volume 69, Number 60)]
[Proposed Rules]
[Page 16186-16188]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr04-15]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary security
zone for a portion of Lake Michigan in Sheboygan, WI for the
Professional Golfers' Association (PGA) Championship Tour. This action
is necessary to ensure the waterside security to protect the
international high-profile participants and spectators during this
event. This action is intended to restrict vessel traffic for a portion
of Lake Michigan off of Sheboygan, WI.
DATES: Comments and related material must reach the Coast Guard on or
before May 28, 2004.
ADDRESSES: You may mail comments and related material to Commanding
Officer, U.S. Coast Guard Marine Safety Office Milwaukee, 2420 South
Lincoln Memorial Drive, Milwaukee, Wisconsin 53207. Marine Safety
Office (MSO) Milwaukee maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be 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 Chief
McClintock, U.S. Coast Guard MSO Milwaukee, at (414) 747-7155.
SUPPLEMENTARY INFORMATION:
Request for Comments
Establishing security zones by notice-and-comment rulemaking gives
the public an opportunity to comment on the proposed zones. We
encourage you to participate in this rulemaking by submitting comments
and related material. If you do so, please include your name and
address, identify the docket number for this rulemaking [CGD09-04-001],
indicate the specific section of this document to which each comment
applies, and give the reason for each comment. Please submit all
[[Page 16187]]
comments and related material in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying. If you would like to know that
your submission reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to MSO Milwaukee at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
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 high profile nature and extensive publicity
associated with this event, the Captain of the Port (COTP) expects a
significantly large number of spectators in confined areas adjacent to
Lake Michigan. As such, the COTP is proposing to implement a 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 would occur daily between 7
a.m. and 8 p.m.
Discussion of Proposed Rule
The Coast Guard proposes to establish a security zone that would
include all waters and adjacent shoreline encompassed by the following
coordinates: starting at 43[deg]49.845' N, 087[deg]43.079' W; then east
to 43[deg]49.28' N, 087[deg]42.93' W; then north to 43[deg]52.591' N,
087[deg]43.426' W; then going west to 43[deg]52.05' N, 087[deg]43.33'
W; then following the shoreline back to point of origin. These
coordinates are based upon North American Datum 1983 (NAD 83). This
security zone would be enforced daily from 7 p.m. until 8 p.m. on
August 9, 2004 until 8 p.m. August 17, 2004.
The Coast Guard would notify the public about this security zone,
in advance, by way of the Ninth Coast Guard District Local Notice to
Mariners, the Broadcast Notice to Mariners, and, for those who request
it, from MSO Milwaukee, by facsimile (fax).
Regulatory Evaluation
This proposed 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 proposed 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 would be restricted from the zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would 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 would not have a significant economic impact on
a substantial number of small entities for the following reasons: This
rule would be in effect for only the 9 days of the event and vessel
traffic can safely pass outside of the proposed security zone during
the event.
If you think your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 MSO Milwaukee (see ADDRESSES).
Collection of Information
This proposed rule would call 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 proposed 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 proposed 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 proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
[[Page 16188]]
Indian Tribal Governments
This proposed 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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 proposed 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
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
2. 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]49.845' N, 087[deg]43.079' W; then east to 43[deg]49.28' N,
087[deg]42.93' W; then north to 43[deg]52.591' N, 087[deg]43.426' W;
then going west to 43[deg]52.05' N, 087[deg]43.33' W; then following
the shoreline back to point of origin (NAD 83).
(b) Enforcement period. This section will be enforced daily between
the hours of 7 a.m. and 8 p.m., from 7 a.m. on August 9, 2004, until 8
p.m. on 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: March 15, 2004.
H.M. Hamilton,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 04-6741 Filed 3-26-04; 8:45 am]
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