[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Rules and Regulations]
[Pages 46626-46628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19604]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0717]
RIN 1625-AA00
Safety Zone; Discovery World Private Wedding Firework Displays,
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
waters of Milwaukee Harbor in Milwaukee, Wisconsin. This zone is
intended to restrict vessels from a portion of Milwaukee Harbor during
two separate firework displays on July 31, 2011 and August 26, 2011.
This temporary safety zone is necessary to protect spectators and
vessels from the hazards associated with these firework displays.
DATES: This rule is in the CFR on August 3, 2011 through 10:30 p.m. on
August 26, 2011. This rule is effective with actual notice for purposes
of enforcement at 9:30 p.m. on July 31, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0717 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0717 in the
Docket ID box, and then clicking ``search.'' They are 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 BM1 Adam Kraft, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7148 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
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 Procedure 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 waiting for a notice and comment
period to run would be impracticable and contrary to the public
interest. Notice of this fireworks display was not received in
sufficient time for the Coast Guard to solicit public comments before
the start of the event. Thus, waiting for a notice and comment period
to run would be impracticable and contrary to the public interest
because it would inhibit the Coast Guard's ability to protect the
public from the hazards associated with these maritime fireworks
displays.
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. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
[[Page 46627]]
would be impracticable and contrary to the public interest.
Background and Purpose
The Discovery World Private Wedding fireworks are a City permitted
fireworks display that will occur twice over Milwaukee's Harbor in
Milwaukee, Wisconsin. The fireworks for these two events will be
launched from 9:30 p.m. until 10:30 p.m. on both July 31, 2011 and
August 26, 2011. The Captain of the Port, Sector Lake Michigan has
determined that these firework displays present significant hazards to
vessels and spectators in the vicinity of the launch site.
Discussion of Rule
Because of the aforesaid hazards, the Captain of the Port, Sector
Lake Michigan has determined that a temporary safety zone is necessary
to ensure the safety of spectators and vessels during the setup,
loading, and launching of the fireworks display. Accordingly, this
temporary safety zone will encompass all waters of Milwaukee Harbor in
the vicinity of the Discovery World pier in Milwaukee Wisconsin within
a 700 foot radius from the fireworks launch site located on a land in
position 43[deg]02'11'' N, 087[deg]53'37'' W. (DATUM: NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her
designated representative. Entry into, transiting, or anchoring within
the safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her designated representative.
The Captain of the Port, Sector Lake Michigan, or his or her designated
representative may be contacted via VHF Channel 16.
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.
It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security (DHS). We conclude
that this rule is not a significant regulatory action because we
anticipate that it will have minimal impact on the economy, will not
interfere with other agencies, will not adversely alter the budget of
any grant or loan recipients, and will not raise any novel legal or
policy issues. The safety zone will be relatively small in size and
will exist for only one hour on two specific days. Thus, restrictions
on vessel movement within the particular area are expected to be
minimal. Under certain conditions, moreover, vessels may still transit
through the safety zone when permitted by the Captain of the Port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 the affected portion of Milwaukee Harbor near
Discovery World pier in Milwaukee Wisconsin, between 9:30 p.m. and
10:30 p.m. on both July 31, 2011 and August 26, 2011.
This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: During each of the two displays, the zone in this regulation
will only be in effect for 60 minutes, and vessel traffic can safely
pass outside the safety zone during the event. 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer 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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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
[[Page 46628]]
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 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 because it 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.
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. 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.T09-0717 to read as follows:
Sec. 165.T09-0717 Safety Zone; Discovery World Private Party
Fireworks Display, Milwaukee, Wisconsin.
(a) Location. The following area is a temporary safety zone: All
waters of Milwaukee Harbor, in the vicinity of the Discovery World pier
in Milwaukee Wisconsin, within a 700 foot radius from the fireworks
launch site located on land in position 43[deg]02[min]11[sec] N,
087[deg]53[min]37[sec] W.
(b) Effective and enforcement period. This rule will be effective
and enforced from 9:30 p.m. to 10:30 p.m. on both July 31, 2011 and
again on August 26, 2011.
(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, Sector Lake
Michigan, or his or her designated 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 designated representative.
(3) The ``designated 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 designated 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 designated representative to obtain permission to do so. The
Captain of the Port, Sector Lake Michigan, or his or her designated
representative may be contacted via VHF Channel 16.
(5) 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 designated
representative.
Dated: July 21, 2011.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-19604 Filed 8-2-11; 8:45 am]
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