[Federal Register: May 20, 2005 (Volume 70, Number 97)]
[Proposed Rules]
[Page 29235-29237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my05-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-010]
RIN 1625-AA00
Safety Zone; Waters of Milwaukee Harbor, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to implement a temporary safety zone
for the TCF Bank Milwaukee Air Expo. This safety zone is necessary to
safeguard the public from the hazards associated with air shows. This
proposed rule would restrict vessel traffic from a portion of Lake
Michigan near Milwaukee Harbor unless authorized by the Captain of the
Port Milwaukee or designated representative.
DATES: Comments and related material must reach the Coast Guard on or
before June 20, 2005.
ADDRESSES: You may mail comments and related material to Commanding
Officer, U.S. Coast Guard Marine Safety Office Milwaukee (CGD09-05-
010), 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.(local), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Marine Science Technician Chief
Millsap, U.S. Coast Guard MSO Milwaukee, at (414) 747-7155.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you
[[Page 29236]]
do so, please include your name and address, identify the docket number
for this rulemaking (CGD09-05-010), indicate the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit all 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 they 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 safety zone is necessary to protect the public from the
hazards associated with air shows. Due to the high profile nature and
extensive publicity associated with this event, the Captain of the Port
(COTP) expects a large number of spectators in confined areas adjacent
to and on Lake Michigan. As such, the COTP is proposing to establish a
safety zone in Milwaukee Harbor from July 14 through July 17, 2005. The
safety zone would be enforced from 1 p.m. until 4:30 p.m. each day and
would ensure the safety of both participants and spectators in these
areas.
The combination of large numbers of inexperienced recreational
boaters, congested waterways, boaters crossing commercially transited
waterways, and low flying aircraft could easily result in serious
injuries or fatalities.
This notice of proposed rulemaking comment period allows the public
an opportunity to comment on the proposed safety zone, allowing the
Coast Guard to evaluate the proposed zone's affects and consider
modifications.
Discussion of Proposed Rule
The Coast Guard is proposing a safety zone in Milwaukee Harbor,
Milwaukee, Wisconsin from July 14 through July 17, 2005. The safety
zone would be enforced from 1 p.m. until 4:30 p.m. each day and would
ensure the safety of both participants and spectators in these areas.
The Coast Guard will notify the public 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 upon the size and location of the
safety zone within the waterway. Recreational vessels may transit
through the safety zone with permission from the COTP Milwaukee or his
designated on-scene patrol commander.
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 safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zone would be enforced for only a few hours per day on each day
of the event and vessel traffic can safely pass outside of the proposed
safety zone during the event. Before the effective period, we would
issue maritime advisories widely available to users of the lake.
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 (Pub. L. 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).
The Coast Guard will not retaliate against small entities that question
or complain about this proposed rule or any policy or action of the
Coast Guard.
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 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 proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of
[[Page 29237]]
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.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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
government, even if that impact may not constitute a ``tribal
implication'' under that 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination 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, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether to
categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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.
2. From 1 p.m. on July 14, 2005, through 4:30 p.m. on July 17,
2005, add temporary Sec. 165.T09-010 to read as follows:
Sec. 165.T09-010 Safety Zone; Waters of Milwaukee Harbor, Milwaukee,
Wisconsin.
(a) Location. The safety zone includes all waters encompassed by
the following coordinates: starting at 43[deg]01.606[min] N,
087[deg]53.041[min] W; then northeast to 43[deg]03.335[min] N,
087[deg]51.679[min] W; then northwest to 43[deg]03.583[min] N,
087[deg]52.265[min] W; then going southwest to 43[deg]01.856[min] N,
087[deg]53.632[min] W; then returning back to point of origin, located
in Milwaukee Harbor. These coordinates are based upon North American
Datum 1983.
(b) Enforcement period. This safety zone will be enforced from 1
p.m. to 4:30 p.m. each day from July 14, 2005, through July 17, 2005.
The Captain of the Port Milwaukee or the on scene Patrol Commander may
terminate this event at anytime.
(c) Regulations. In accordance with the general regulations in
Section 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 must 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 must 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 23A. 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: May 12, 2005.
H.M. Hamilton,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 05-10143 Filed 5-19-05; 8:45 am]
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