[Federal Register Volume 66, Number 138 (Wednesday, July 18, 2001)]
[Rules and Regulations]
[Pages 37414-37416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17950]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-01-076]
RIN 2115-AE46


Special Local Regulations for Marine Events; Sturgeon Bay Canal, 
Sturgeon Bay, Wisconsin

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations for the Sturgeon Bay Venetian Night Parade and Fireworks, 
an event to be held on the waters of the Sturgeon Bay Canal, Sturgeon 
Bay, Wisconsin. These special local regulations are necessary to 
provide for the safety of life on navigable waters during the event. 
This action is intended to restrict vessel traffic in the Sturgeon Bay 
Canal, Sturgeon Bay, Wisconsin during the event.

DATES: This rule is effective from 8:20 p.m. to 10 p.m. on August 4, 
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 [CDG-09-01-076] and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Milwaukee, 2420 S. 
Lincoln Memorial Drive, Milwaukee, Wisconsin 53207 from 7 a.m. to 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. 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. 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 by exposing the public to the known dangers associated 
with fireworks displays and the possible loss of life, injury, and 
damage to property.

Background and Purpose

    On August 4, 2001 the Sturgeon Bay Yacht Club will sponsor a boat 
parade from 8:20 p.m. to 9:30 p.m., followed by a fireworks display 
from 9:30 p.m. to 10 p.m., on the waters of the Sturgeon Bay Canal, 
Sturgeon Bay, Wisconsin. The fireworks will be launched from a barge 
anchored in the Sturgeon Bay Canal. A fleet of spectator vessels is 
expected to gather near the event site to view the parade and aerial 
demonstration. To provide for the safety of spectators and other 
transiting vessels, the Coast Guard will temporarily restrict vessel 
traffic in the event area during the parade and fireworks display.
    The regulated area for the parade will encompass the waters of 
Sturgeon Bay bounded by the following coordinates: from the point of 
origin at 44 deg. 49'51" N, 087 deg.22'56" W; southeast to 
44 deg.49'31" N, 087 deg.22'29" W; northeast to 44 deg.49'32" N, 
087 deg.22'28" W; southeast to 44 deg.49'27" N, 087 deg.22'20" W; 
northeast to 44 deg.49'33" N, 087 deg.22'11" W; northwest to 
44 deg.49'43" N, 087 deg.22'34" W; northwest to 44 deg.49'56" N, 
087 deg.22'49" W, and then returning southwest to the point of origin. 
These coordinates are based on North American Datum of 1983 (NAD 83).
    The regulated area for the fireworks display will encompass the 
waters of Sturgeon Bay bounded by the arc of a circle with a 350-foot 
radius with its center in approximate position 44 deg.49'34" N, 
087 deg.22'25" W, offshore of Sturgeon Bay Yacht Club, Sturgeon Bay, 
Wisconsin (NAD 83). The size of the zone was determined using the 
National Fire Prevention Association guidelines and local knowledge 
concerning wind, waves, and currents.

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, l979).
    We expect the economic impact of this temporary final rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the

[[Page 37415]]

regulatory policies and procedures of DOT is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the Sturgeon Bay Canal, Sturgeon Bay, Wisconsin, during the event, 
the effect of this regulation will not be significant due to the 
limited duration that the regulated area will be in effect and the 
extensive advance notifications that will be made to the maritime 
community via the Local Notice to Mariners, marine information 
broadcasts, and area newspapers so mariners can adjust their plans 
accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in the vicinity of Sturgeon Bay Canal, Sturgeon Bay, 
Wisconsin from 8:20 p.m. until 10 p.m. (CST) on August 4, 2001.
    This regulated navigation area will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: This rule will be in effect for only a few hours on the day of 
the event 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. The Patrol Commander for this event may be 
reached via marine band VHF-FM Channel 16. Before the effective period, 
we will issue maritime advisories widely available to users of the 
Sturgeon Bay Canal.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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

    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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

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 create 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. 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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(h), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--MARINE EVENTS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.
    2. A temporary section, Sec. 100.35-T09-001, is added to read as 
follows:

[[Page 37416]]

Sec. 100.35-T09-001  Lake Michigan, Sturgeon Bay Canal, Sturgeon Bay, 
WI.

    (a) Sturgeon Bay Venetian Night Parade--(1) Regulated area. The 
waters of Sturgeon Bay Canal bounded by the following coordinates: from 
the point of origin at 44 deg.49'51" N, 087 deg.22'56" W; southeast to 
44 deg.49'31" N, 087 deg.22'29" W; northeast to 44 deg.49'32" N, 
087 deg.22'28" W; southeast to 44 deg.49'27" N, 087 deg.22'20" W; 
northeast to 44 deg.49'33" N, 087 deg.22'11" W; northwest to 
44 deg.49'43" N, 087 deg.22'34" W; northwest to 44 deg.49'56" N, 
087 deg.22'49" W, and then southwest to the point of origin. These 
coordinates are based upon North American Datum of 1983 (NAD 83).
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Coast Guard Group Milwaukee.
    (3) Special local regulations. (i) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person of vessel may 
enter or remain in the regulated area.
    (ii) The operator of any vessel in the regulated area shall:
    (A) Stop the vessel immediately when directed to do so by any 
official patrol, including any commissioned, warrant or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (B) Proceed as directed by any official patrol, including any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (4) Effective times and dates. From 8:20 p.m. (CST), until 9:30 
p.m. (CST) on August 4, 2001.
    (b) Sturgeon Bay Venetian Nights Fireworks Display--(1) Regulated 
area. The waters of Sturgeon Bay Canal bounded by the arc of a circle 
with a 350-foot radius with its center in approximate position 
44 deg.49'34" N, 087 deg.22'25" W, offshore of Sturgeon Bay Yacht Club, 
Sturgeon Bay, Wisconsin. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Coast Guard Group Milwaukee.
    (3) Special local regulations. (i) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person of vessel may 
enter or remain in the regulated area.
    (ii) The operator of any vessel in the regulated area shall:
    (A) Stop the vessel immediately when directed to do so by any 
official patrol, including any commissioned, warrant or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (B) Proceed as directed by any official patrol, including any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (4) Effective dates and times. From 9:30 p.m. until 10 p.m. (CST) 
on August 4, 2001.

    Dated: July 9, 2001.
J.D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 01-17950 Filed 7-17-01; 8:45 am]
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