[Federal Register: September 23, 2008 (Volume 73, Number 185)]
[Rules and Regulations]
[Page 54684-54686]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se08-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0914]
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, Milwaukee, WI. This zone is intended to restrict
vessels from a portion of the Milwaukee River during the Milwaukee
River Challenge on September 20, 2008. This temporary safety zone will
establish restrictions upon, and control the movement of, vessels in a
specified area immediately prior to, during, and immediately after the
regatta.
DATES: This regulation is effective from 9 a.m. to 5 p.m. on September
20, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0914 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and U.S. Coast
Guard Sector Lake Michigan, 2420 South Lincoln Memorial Drive,
Milwaukee, Wisconsin 53207 between 9:30 a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: MST2 Eric Vogel, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7154. If you have questions on viewing the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone (202) 366-9826.
[[Page 54685]]
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under Section
4(a) of the Administrative Procedures Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is necessary to
ensure the safety of commercial and recreational vessels in the
vicinity of the regatta on the date and times this rule will be in
effect and delay would be contrary to the public interest. Under 5
U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register. 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
after publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event and immediate action is necessary to
prevent possible loss of life or property.
Background and Purpose
This temporary zone is necessary to ensure the safety of vessels
and participants from the hazards associated with the operation of
rowing race boats in a confined waterway. Based on the potential vessel
traffic and the presence of small rowing vessels the Captain of the
Port Lake Michigan has determined that racing rowing boats in presence
of normal vessel traffic poses a significant risk to public safety and
property. The likely combination of rowing vessels operating near large
towing vessels and recreational vessels operating at high speeds could
result in collisions that may cause serious injuries or fatalities.
Establishing a safety zone to control vessel movement in the location
of the race course will help ensure the safety of persons and property
at this event and help minimize the associated risk.
Discussion of Rule
A temporary safety zone is necessary to ensure safety of life on
the navigable waters immediately prior to, during, and immediately
after the Milwaukee River Challenge. This proposed rule will establish
restrictions upon and control the movement of vessels through a portion
of the Milwaukee River immediately prior to, during, and immediately
after the Milwaukee River Challenge.
The Captain of the Port will cause notice of enforcement of the
regulation established by this section to be made by all appropriate
means to the affected segments of the public. Such means of
notification will include, but is not limited to, Broadcast Notice to
Mariners and Local Notice to Mariners. The Captain of the Port will
issue a Broadcast Notice to Mariners notifying the public when
enforcement of the regulation is terminated.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
This expectation is based on the minimal time that vessels will be
restricted from the zone in an area where the Coast Guard expects
insignificant adverse impact to mariners from the zones' 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 Milwaukee River between 9 a.m. to 5
p.m. on September 20, 2008.
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 eight hours on September 20, 2008. 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). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
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
[[Page 54686]]
such 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. 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 Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction 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.
A final ``Environmental Analysis Check List'' and ``Categorical
Exclusion Determination'' are available in the docket where indicated
under ADDRESSES.
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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.T09-0914 is added as follows:
Sec. 165.T09-0914 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 junction with the Menomonee
River at position 43[deg]01'55'' N, 087[deg]54'40'' W to the Humboldt
Avenue Bridge at position 43[deg]03'25'' N, 087[deg]53'53'' W. All
waters of the Menomonee River from the Twenty-fifth St. Bridge at
position 43[deg]01'58'' N, 087[deg]56'41'' W to the junction with the
Milwaukee River. (DATUM: NAD 83).
(b) Effective period. This regulation is effective from 9 a.m. to 5
p.m. on September 20, 2008.
(c) 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 Port Lake
Michigan, or his 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 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.
(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. The Captain of the
Port or his on-scene representative may be contacted via VHF Channel
16. 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 Lake Michigan or his on-scene representative.
Dated: August 27, 2008.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E8-22128 Filed 9-22-08; 8:45 am]
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