[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Rules and Regulations]
[Pages 32664-32666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13810]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0225]
RIN 1625-AA00
Safety Zone; Milwaukee Air and Water Show, Lake Michigan,
Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on Lake Michigan
near Bradford Beach in Milwaukee, Wisconsin. This zone is intended to
restrict vessels from a portion of Lake Michigan due to a large-scale
air show and a fireworks display. This temporary safety zone is
necessary to protect the surrounding public and their vessels from the
hazards associated with a large-scale air show and fireworks display.
DATES: This regulation is effective from 12:01 a.m. on June 10, 2010
until 11:59 p.m. on June 13, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0225 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0225 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or e-mail Petty Officer Adam Kraft, U.S. Coast
Guard Sector Lake Michigan, at (414) 747-7154 or [email protected].
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 14, 2010, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Safety Zone; Milwaukee Air and Water Show,
Milwaukee, Wisconsin in the Federal Register (75 FR 19307). The Coast
Guard received 0 comments on this proposed rule. No public meeting was
requested and none was held.
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 operation and immediate action is necessary to
prevent possible loss of life or property from the dangers that are
associated with a large scale air show and a fireworks display.
Basis and Purpose
This temporary safety zone is necessary to protect vessels from the
hazards associated with the Milwaukee Air and Water show. The Captain
of the Port, Sector Lake Michigan, has determined that the Milwaukee
Air and Water show does pose significant risks to public safety and
property. The likely combination of congested waterways and a large
scale air show and a fireworks display could easily result in serious
injuries or fatalities.
Discussion of Comments and Changes
No comments were received concerning this event.
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 is not a significant regulatory action because the safety zone
will be in effect for a minimal amount of time. Additionally, the zone
is an area where the Coast Guard expects insignificant adverse impact
to mariners from the zones' activation and vessels may still transit
the area with the permission of the Captain of the Port, Sector Lake
Michigan, or his or her designated on-scene representative.
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 vessels intending to
transit or anchor in a portion of Lake Michigan, Milwaukee, WI between
12:01 p.m. on June 10, 2010 and 11:59 p.m. on June 13, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone will be in effect for only a few days and enforced for only
a few hours. In the event that this temporary safety zone affects
shipping, commercial vessels may request permission from the Captain of
The Port, Sector 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.
[[Page 32665]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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 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 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 (adjusted for
inflation) or more in any one year. Though this rule will 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 cause 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 create 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 procedures; and related management
systems 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 023-01 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
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a temporary
safety zone.
An environmental analysis checklist and a 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, 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. Add Sec. 165.T09-0225 to read as follows
Sec. 165.T09-0225 Safety Zone; Milwaukee Air and Water show, Lake
Michigan, Milwaukee, WI.
(a) Location. The following area is a temporary safety zone: A
4,000 yard by 1,000 yard rectangle located on Lake Michigan, parallel
to Bradford Beach in Milwaukee, Wisconsin. The safety zone will
encompass all U.S. waters of Lake Michigan bound by a line drawn from
43[deg]02'57'' N, 087[deg]52'53'' W; then north to 43[deg]04'40'' N,
087[deg]51'29'' W; then east to 43[deg]04'33'' N, 087[deg]51'12'' W;
then south to 43[deg]02'50'' N, 087[deg]52'36'' W; then west returning
to the point of origin (NAD 83).
(b) Effective period. This regulation is effective from 12:01 a.m.
on June 10,
[[Page 32666]]
2010 through 11:59 p.m. on June 13, 2010. It will be enforced between
12 p.m. and 4 p.m. on June 10, 2010, between the hours of 2:30 p.m. and
9:30 p.m. on June 11, 2010, and again between the hours of 9 a.m. and 5
p.m. on June 12 and 13, 2010. The Captain of the Port, Sector Lake
Michigan, or his or her on-scene representative may terminate this
operation at anytime.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan, or his
or her on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan, to act on his or her behalf. The on-scene representative of
the Captain of the Port, Sector Lake Michigan, 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, Sector Lake Michigan, or
his or her on-scene representative to obtain permission to do so. The
Captain of the Port, Sector Lake Michigan, or his or her 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, Sector
Lake Michigan, or his or her on-scene representative.
Dated: May 25, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-13810 Filed 6-8-10; 8:45 am]
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