[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Rules and Regulations]
[Pages 29699-29700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13705]



[[Page 29699]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-030]
RIN 2115-AA97


Safety Zone: Riversplash 2001, Milwaukee River, Wisconsin

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Milwaukee River for the Riversplash 2001 fireworks display. This safety 
zone is necessary to protect spectators and vessels from the hazards 
associated with the storage, preparation, and launching of fireworks. 
This safety zone is intended to restrict vessel traffic from a portion 
of the waters of the Milwaukee River, Milwaukee, Wisconsin.

DATES: This temporary rule is effective from 8:30 p.m. (CST) until 
10:40 p.m. (CST) on June 1st and 2nd, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD09-01-030] and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Milwaukee, 2420 South 
Lincoln Memorial Drive, Milwaukee, WI 53207 between 8 a.m. and 3:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Timothy Sickler, Port Operations 
Chief, Marine Safety Office Milwaukee, 2420 South Lincoln Memorial 
Drive, Milwaukee, WI 53207. The phone number is (414) 747-7155.

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, and, under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule it effective less than 30 days 
after publication in the Federal Register. The permit application did 
not allow sufficient time for publication of an NPRM followed by a 
temporary final rule effective 30 days after publication. Any delay of 
the effective date of this rule would be contrary to the public 
interest due to the known dangers associated with fireworks displays 
and the possible loss of life, injury, and damage to property.

Background and Purpose

    This Safety Zone is established to safeguard the public from the 
hazards associated with launching of fireworks on the Milwaukee River, 
Milwaukee, Wisconsin. The size of the zone was determined by using 
previous experiences with fireworks displays in the Captain of the Port 
Milwaukee zone and local knowledge about wind, waves, and currents in 
this particular area.
    The safety zone will be in effect on June 1st and 2nd, from 8:30 
p.m. (CST) until 10:40 p.m. (CST). The safety zone will encompass all 
waters bounded by the following coordinates: from the point of origin 
at 43 deg. 02.601 N, 087 deg. 54.831 W; east along the State Street 
Bridge to 43 deg. 02.617 N, 087 deg. 54.766 W; south along the east 
bank of the Milwaukee River to 43 deg. 02.487 N, 087 deg. 54.756 W; 
west along the Kilbourn Street Bridge to 43 deg. 02.506 N, 087 deg. 
54.735 W; north along the west bank of the Milwaukee River next to Pere 
Marquette Park back to the point of origin.
    All persons and vessels shall comply with the instructions of the 
Captain of the Port Milwaukee or his designated on scene patrol 
personnel. Entry into, transiting, or anchoring within the safety zone 
is prohibited unless authorized by the Captain of the Port Milwaukee or 
his designate on scene representative. The Captain of the Port 
Milwaukee 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 Transportation 
(DOT) (44 FR 11040, February 26, 1979).
    The Coast Guard expects the economic impact of this final rule to 
be so minimal that a full Regulatory Evaluation under paragraph 10e of 
the regulatory policies and procedures of the DOT is unnecessary. This 
finding is based on the following reasons: this rule will be in effect 
for only two hours on two days and late in the day when vessel traffic 
is minimal; vessel traffic may enter or transit through the safety zone 
with the permission of the Captain of the Port Milwaukee or his 
designated on scene representative; and we will issue maritime 
advisories, widely available to users of the Milwaukee River, before 
the effective period.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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: the owners or 
operators of vessels intending to transit or anchor in the vicinity of 
Pere Marquette Park between the Kilbourn Avenue and State Street 
Bridges, Milwaukee, Wisconsin from 8:30 p.m. (CST) until 10:40 p.m. 
(CST) on June 1st and 2nd, 2001.
    This safety zone will not have significant economic impact on a 
substantial number of small entities for the following reasons: this 
rule will be in effect for only two hours on two days and late in the 
day when vessel traffic is minimal; vessel traffic may enter or transit 
through the safety zone with the permission of the Captain of the Port 
Milwaukee or his designated on scene representative; and we will issue 
maritime advisories, widely available to users of the Milwaukee River, 
before the effective period.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. 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 Marine Safety Office Milwaukee 
(See ADDRESSES.)
    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

[[Page 29700]]

wish to comment on actions by employees of the Coast Guard, call 1-800-
REG-FAIR (1-888-734-3247).

Collection of Information

    This rule call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation.

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

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.


    2. A new temporary section 165.T09-916 is added to read as follows:


Sec. 165.T09-916  Safety Zone; Milwaukee River, Milwaukee, Wisconsin.

    (a) Location: All waters of the Milwaukee River encompassed by the 
following coordinates: from the point of origin at 43 deg. 02.601 N, 
087 deg. 54.831 W; east along the State Street Bridge to 43 deg. 02.617 
N, 087 deg. 54.766 W; south along the east bank of the Milwaukee River 
to 43 deg. 02.487 N, 087 deg. 54.756 W; west along the Kilbourn Street 
Bridge to 43 deg. 02.506 N, 087 deg. 54.735 W; north along the west 
bank of the Milwaukee River next to Pere Marquette Park back to the 
point of origin.
    (b) Effective Times and Dates. From 8:30 p.m. until 10:40 p.m. on 
June 1st and 2nd, 2001.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port Milwaukee or the designated on 
scene patrol personnel. Coast Guard patrol personnel include 
commissioned, warrant or petty officers of the U.S. Coast Guard. Upon 
being hailed by a U.S. Coast Guard vessel via siren, radio, flashing 
light, or other means, the operator shall proceed as directed.
    (3) This safety zone should not adversely effect shipping. However, 
commercial vessels may request permission from the Captain of the Port 
Milwaukee to enter or transit the safety zone. Approval will be made on 
a case-by-case basis. Requests must be in advance and approved by the 
Captain of the Port Milwaukee before transits will be authorized. The 
Captain of the Port Milwaukee may be contacted via U.S. Coast Guard 
Group Milwaukee on Channel 16, VHF-FM.

    Dated: May 21, 2001.
M.R. DeVries,
Commander, U.S. Coast Guard, Captain of the Port, Milwaukee, Milwaukee, 
Wisconsin.
[FR Doc. 01-13705 Filed 5-31-01; 8:45 am]
BILLING CODE 4910-15-M