[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Rules and Regulations]
[Pages 34829-34831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16489]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-075]
RIN 2115-AA97


Safety Zone; Summerfest 2000--Harbor Island Lagoon Activities, 
Milwaukee, Wisconsin

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone which 
encompasses all of the Harbor Island Lagoon area in Milwaukee Harbor. 
This safety zone is necessary to protect personnel and property 
associated with Summerfest's Hole-In-One Golf Shoot as well as 
waterborne stunt/skill shows. This safety zone is intended to restrict 
vessel traffic from the waters of Harbor Island Lagoon.

DATES: This regulation is effective from 6 a.m. (CST) on June 28, 2001, 
through 12 midnight (CST) on July 12, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD09-01-047 and are available for inspection or 
copying at Marine Safety Office (MSO) Milwaukee between 7 a.m. CST and 
3:30 p.m. CST, Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Timothy Sickler, Port Operations 
Chief, MSO Milwaukee, 2420 S. 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 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 hazards associated with the waterborne stunt/
skill shows being performed in the Harbor Island Lagoon area and the 
possible loss of life, injury, and damage to property.

Background and Purpose

    This safety zone is established to safeguard the public from 
hazards associated with the waterborne stunt/skill shows being 
performed in the Harbor Island Lagoon area. The size of the zone was 
determined by using previous experiences with waterborne stunt/skill 
shows 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 from Thursday, June 28, 2001, at 
6 a.m. (CST) through Thursday, July 12, 2001, at 12:00 midnight (CST) 
for the following coordinates: from 43 deg. 02.015'N, 087 deg. 
53.767'W, on the Harbor Island point across the channel to 43 deg. 
02.058'N, 087 deg. 53.841'W at the Summerfest Dock. The entire Harbor 
Island Lagoon will be secured for the duration of the festival.

[[Page 34830]]

Emergency vessels are permitted to enter the Safety Zone area with 
permission from the Captain of the Port or his duly appointed 
representative.
    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 designated 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). This safety zone should not 
adversely effect commercial shipping since shallow water depths do not 
allow them to transit the affected area.

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 Harbor 
Island Lagoon area from June 28 to July 12, 2001.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
area that is being closed off is limited and its shallow water depths 
do not allow the transit of commercial shipping. Vessel traffic in the 
vicinity of Harbor Island Lagoon, Milwaukee, Wisconsin, is prohibited 
unless authorized by the Coast Guard Captain of the Port or his duly 
appointed representative. Before the effective period, we will issue 
maritime advisories widely available to users of the Port of Milwaukee.

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

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

    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 E.O. 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.lC, 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, and Waterways.


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--[AMENDED]

    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, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T09-927 is added to read as follows:


Sec. 165.T09-927  Safety Zone: Milwaukee Harbor, Milwaukee, Wisconsin

    (a) Location: All waters of Harbor Island Lagoon (Milwaukee Harbor) 
south of a line drawn at its mouth from 43 deg. 02.015' N, 087 deg. 
53.767' W, on the Harbor Island point across to 43 deg. 02.058' N, 
087 deg. 53.841' W (the Summerfest Dock).
    (b) Effective times and dates: From Thursday, June 28, 2001 at 6 
a.m. (CST), through Thursday, July 12, 2001, at 12 midnight (CST).
    (c) Regulation: (1) The general regulations contained in 
Sec. 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 including 
commissioned, warrant or petty officers of the U.S. Coast Guard. Upon 
being hailed by a

[[Page 34831]]

U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator shall proceed as directed.
    (3) The Captain of the Port may be contacted via U.S. Coast Guard 
Group Milwaukee on Channel 16, VHF-FM.

    Dated: June 8, 2001.
M.R. DeVries,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 01-16489 Filed 6-29-01; 8:45 am]
BILLING CODE 4910-15-U