[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Rules and Regulations]
[Pages 34844-34846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16583]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-072]
RIN 2115-AA97


Safety Zone; South Shore Frolics Fireworks Display, Milwaukee 
Harbor

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the South Shore Frolics fireworks display on July 13, 14, and 15, 2001. 
This safety zone is necessary to ensure the safety of persons and 
property in this area during the event. This safety zone is intended to 
restrict vessel traffic from a portion of Milwaukee Harbor.

DATES: This temporary final rule is effective from 9:45 p.m. through 11 
p.m. on July 13, 14 and 15, 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 [CGD09-01-072] 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 7 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 effective less than 30 days 
after publication in the Federal Register. The permit application was 
not received with sufficient time to publish an NPRM followed by a 
temporary final rule that would be effective before the required 
effective date. Delaying this rule would be contrary to the public 
interest of ensuring the safety of spectators and vessels during this 
event and immediate action is necessary to prevent possible loss of 
life or property. The Coast Guard has not received any complaints or 
negative comments previously with regard to this event.

[[Page 34845]]

Background and Purpose

    A temporary safety zone is necessary to ensure the safety of 
vessels and spectators from the hazards associated with fireworks 
displays. Based on recent accidents that have occurred in other Captain 
of the Port zones, and the explosive hazard of fireworks, the Captain 
of the Port Milwaukee has determined firework launches in close 
proximity to watercraft pose significant risks to public safety and 
property. The likely combination of large numbers of recreational 
vessels, congested waterways, darkness punctuated by bright flashes of 
light, alcohol use, and debris falling into the water could easily 
result in serious injuries or fatalities. Establishing a safety zone to 
control vessel movement around the location of the launch platforms 
will help ensure the safety of person and property at these events and 
help minimize the associated risk.
    The safety zone will be in effect on July 13, 14 and 15, from 9:45 
p.m. through 11 p.m. (CST). The safety zone will encompass all waters 
bounded by the arc of a circle with a 700-foot radius with its center 
in approximate position 42 deg. 34.50 N, 087 deg. 52.75 W, offshore of 
South Shore Park, Milwaukee Harbor. The size of this zone was 
determined using the National Fire Prevention Association guidelines 
and local knowledge concerning wind, waves, and currents.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the 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 or his 
designated on scene representative 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 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 this rule 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). We expect the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zone, and the activated zone is located in an 
area where the Coast Guard expects insignificant adverse impact to 
mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of commercial 
vessels intending to transit a portion of an activated safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
proposed zone is only in effect for few hours each day of the event; 
vessel traffic can safely pass outside the proposed safety zone during 
the event; and traffic may be allowed to pass through the safety zone 
under Coast Guard escort with the permission of the Captain of the Port 
Milwaukee. Before the effective period, we will issue maritime 
advisories widely available to users of the Port of Milwaukee by the 
Ninth Coast Guard District Local Notice to Mariners, Marine information 
broadcasts, and facsimile broadcasts may also be made.
    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.

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 so that they can better evaluate 
its effects 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 would 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 costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would 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

    The Coast Guard has 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

[[Page 34846]]

environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph 32(g) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. A written categorical exclusion 
determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

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. It has not been designated by the Administrator of the Office 
of Information and Regulatory Affairs as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

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, 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T09-933 is added to read as follows:


Sec. 165.T09-933  Safety Zone: South Shore Frolics Fireworks Display, 
Milwaukee, Harbor.

    (a) Location. The safety zone encompasses all waters bounded by the 
arc of a circle with a 700-foot radius with its center in approximate 
position 42 deg. 34.50 N, 087 deg. 52.75 W located approximately 700 
feet offshore South Shore Park, Milwaukee Harbor.
    (b) Effective time and date. This section is effective from 9:45 
p.m. until 11 p.m. (local time) on July 13, 14 and 15, 2001. The Coast 
Guard Captain of the Port Milwaukee and the designated Patrol Commander 
have the authority to terminate this event at any time. The designated 
on scene Patrol Commander may be contacted via VHF Channel 16.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Milwaukee, or his 
designated on scene representative.

    Dated: June 6, 2001.
M.R. DeVries,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 01-16583 Filed 6-29-01; 8:45 am]
BILLING CODE 4910-15-U