[Federal Register: September 19, 2005 (Volume 70, Number 180)]
[Rules and Regulations]
[Page 54838-54840]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se05-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-123]
RIN 1625-AA00
Safety Zone; Milwaukee River Challenge, Milwaukee River,
Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Milwaukee River, in Milwaukee, WI. This zone is intended to restrict
vessels from a portion of the Milwaukee River in Milwaukee, WI during
the Milwaukee River Challenge. This temporary safety zone is necessary
to protect participants and spectators of the event from the hazards
associated with vessel traffic on the Milwaukee River.
DATES: This rule is effective from 10 a.m. (local) on September 17,
2005 through 4:30 p.m. (local) on September 17, 2005.
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 [CGD09-05-123] and are available for inspection or
copying at U.S. Coast Guard Sector Lake Michigan, 2420 S. Lincoln
Memorial Dr., Milwaukee, Wisconsin 53207 between 7 a.m. (local) and
3:30 p.m. (local), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Marine Science Technician Chief Harold
Millsap, Prevention Department, Sector Lake Michigan, 2420 S. Lincoln
Memorial Dr., Milwaukee, WI 53207, (414) 747-7160.
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. Under 5 U.S.C. 553(d)(3), good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register. Delaying this rule would be contrary to the public interest
of ensuring the safety of participants and vessels during this event
and immediate action is necessary to prevent possible
[[Page 54839]]
loss of life or property. The Coast Guard has not received any
complaints or negative comments previously with regard to this event.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of the
participants and spectators from hazards associated with vessel traffic
on the Milwaukee River. Based on accidents that have occurred in other
Captain of the Port zones and the hazards of vessel traffic during non-
motorized boat races, the Captain of the Port Lake Michigan has
determined boat races in close proximity to vessel traffic on the
Milwaukee River pose a significant risk to public safety and property.
Establishing a safety zone to control vessel movement around the
location of the race will help ensure the safety of participants and
property at these events and help minimize the associated risks.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
participants and vessels during the race in conjunction with the
Milwaukee River Challenge. The race will occur between 10 a.m. (local)
and 4:30 p.m. (local) on September 17, 2005.
The safety zone for the race will encompass all waters of the
Milwaukee River from North Water Street Bridge north to Humboldt Avenue
Bridge. The Captain of the Port Lake Michigan, or his designated on-
scene representative, has the authority to terminate the event.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transit, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Lake
Michigan or his designated on-scene representative. The Captain of the
Port or his designated on-scene representative may be contacted via VHF
Channel 16.
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 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 will be restricted from the zone and the
zone is located in an area where the Coast Guard expects insignificant
adverse impact to mariners from the zone's activation.
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 may be
small entities: the owners and operators of vessels intending to
transit or anchor in a portion of the Milwaukee River in Milwaukee, WI,
between 10 a.m. (local) and 4:30 p.m. (local) on September 17 2005.
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 six and a half hours, on a portion of
the Milwaukee River not significantly affecting commercial traffic. In
the event that this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Lake
Michigan to transit through the safety zone. The Coast Guard will give
notice to the public via a Broadcast to Mariners that the regulation is
in effect.
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 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
[[Page 54840]]
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 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 procedure; and related management
system practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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. This rule fits the category from paragraph
(34)(g) because it establishes a safety zone.
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 the
rule should be categorically excluded from further environmental
review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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. A new temporary section 165.T09-123 is added as follows:
Sec. 165.T09-123 Safety zone; Milwaukee River Challenge, Milwaukee
River, Milwaukee, WI.
(a) Location: The following area is a temporary safety zone: All
waters of the Milwaukee River from the North Water Street Bridge north
to the Humboldt Avenue Bridge.
(b) Effective period. This regulation is effective from 10 a.m.
(local) until 4:30 p.m. (local), on September 17, 2005.
(c) Enforcement Period. This zone will be enforced from 10 a.m.
(local) until 4:30 p.m. (local), on September 17 2005.
(d) Regulations.
(1) In accordance with the general regulations in section 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Lake Michigan, or
his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or his designated
on-scene representative.
(3) The ``on-scene 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 to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Lake Michigan or his on-
scene 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 Lake
Michigan or his on-scene representative.
Dated: September 9, 2005.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 05-18594 Filed 9-16-05; 8:45 am]
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