[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Rules and Regulations]
[Pages 42016-42018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16807]
[[Page 42016]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0326]
RIN 1625-AA00
Safety Zone; Discovery World Fireworks, Milwaukee Harbor,
Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone within
Milwaukee Harbor, Milwaukee, Wisconsin. This zone is intended to
restrict vessels from a portion of Milwaukee Harbor due to 4 fireworks
displays at Discovery World Pier. This safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with these fireworks displays.
DATES: This rule will be enforced with actual notice from July 10,
2013, until July 15, 2013. This rule is effective in the Code of
Federal Regulations from July 15, 2013 until October 5, 2013. This rule
will be enforced at the dates and times listed in the ``Discussion of
Comments, Changes, and the Final Rule'' section that follows.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0326. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7148 or [email protected]. If
you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
On May 17, 2013, the Coast Guard published a notice of proposed
rulemaking entitled, ``Safety Zone; Discovery World Fireworks,
Milwaukee Harbor, Milwaukee, Wisconsin'' in the Federal Register (78 FR
29086). We received 0 comments on the proposed rule. No public meeting
was requested, and none was held.
The Coast Guard finds that good cause exists under 5 U.S.C.
553(d)(3), for making this rule effective less than 30 days after
publication in the Federal Register. Waiting for a 30 day notice period
to run would be impracticable and contrary to the public interest
because the Coast Guard did not receive the necessary information in
time for this regulation to undertake both an NPRM and a 30 day delayed
effective date. The Coast Guard chose to seek public comment in the
time that remained. Additionally, undergoing a 30 day delayed effective
date would inhibit the Coast Guard's ability to protect spectators and
vessels from the hazards associated with a maritime fireworks display,
which are discussed further below.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 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, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
Bartolotta Catering Company has informed the Coast Guard of 4
fireworks displays planned for 2013. These displays are scheduled for
July 10; August 3 and 22; and October 5. Each display is expected to
involve fireworks no larger than 4'' in size and will be fired from the
same location on Discovery World Pier. The Captain of the Port, Lake
Michigan, has determined that the likelihood of transiting watercraft
during the fireworks displays presents a significant risk of serious
injuries or fatalities. The safety risks associated with these displays
include falling debris, accidental detonations, and the spread of fire
among spectator vessels.
C. Discussion of Comments, Changes, and the Final Rule
No comments were received and no changes were made. The Captain of
the Port, Lake Michigan, has determined that a safety zone is necessary
to mitigate the aforementioned safety risks. Thus, this rule
establishes a safety zone that encompasses all waters of Milwaukee
Harbor, including Lakeshore inlet and Discovery World Marina, within
the arc of a circle with a 300-foot radius from the fireworks launch
site located in approximate position 43[deg]02'10.7'' N,
087[deg]53'37.5'' W (NAD 83).
This safety zone is effective from July 10, 2013, until October 5,
2013. This safety zone will be enforced from 9 p.m. until 11 p.m. on
July 10; August 3 and 22; and October 5, 2013.
Entry into, transiting, 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.
D. Regulatory Analyses
We developed this temporary rule after considering numerous
statutes and executive orders related to rulemaking. Below we summarize
our analyses based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. 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 created by this rule will be
small and enforced for only two hours on a given day. Under certain
conditions, moreover, vessels may still transit through the safety zone
when permitted by the Captain of the Port.
2. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. The Coast Guard
certifies under 5 U.S.C.
[[Page 42017]]
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities. 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 in Milwaukee Harbor during the times when this
rule is enforced.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would 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 within the vicinity of the Discovery
World Marina or Lakeshore inlet during the times that this zone is
enforced.
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 enforced for a limited time on 4 days. This safety zone
has been designed to allow traffic to pass safely around the zone
whenever possible and vessels will be allowed to pass through the zone
with the permission of the Captain of the Port. If you think that 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.
3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that 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 involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination 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 record
keeping requirements, Security measures, Waterways.
[[Page 42018]]
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.T09-0326 to read as follows:
Sec. 165.T09-0326 Safety Zone; Discovery World Fireworks, Milwaukee
Harbor, Milwaukee, Wisconsin.
(a) Location. All waters of Milwaukee Harbor, including Lakeshore
inlet and Discovery World Marina, within the arc of a circle with a
300-foot radius from the fireworks launch site located in approximate
position 43[deg]02'10.7'' N, 087[deg]53'37.5'' W (NAD 83).
(b) Effective Period. This safety zone will be effective from July
10, 2013, until October 5, 2013. This safety zone will be enforced from
9 p.m. until 11 p.m. on July 10; August 3 and 22; and October 5, 2013.
(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, 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,
Lake Michigan is any Coast Guard commissioned, warrant or petty officer
who has been designated by the Captain of the Port, Lake Michigan to
act on his behalf.
(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, Lake Michigan 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: July 1, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-16807 Filed 7-12-13; 8:45 am]
BILLING CODE 9110-04-P