[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Rules and Regulations]
[Pages 44971-44973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21562]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-115]
RIN 2115-AA97


Safety Zone; Milwaukee Home Run 2001 Hog Rally Fireworks, 
Milwaukee, WI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on and 
around Harbor Island in the outer Milwaukee Harbor, Milwaukee, 
Wisconsin for the Milwaukee Home Run 2001 Hog Rally 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 Milwaukee Harbor, Milwaukee, Wisconsin.

DATES: This temporary rule is effective from 9:30 p.m. until 10:30 p.m. 
(CST) on August 31, 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 [CGD09-01-115] 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 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

[[Page 44972]]

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 from Harbor Island in 
the outer Milwaukee Harbor. 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 August 31, 2001, from 9:30 
p.m. until 10:30 p.m. (CST). The safety zone will encompass all waters 
bounded by the following coordinates: from the point of origin at 
43 deg.02.209'N, 087 deg.53.714'W; southeast to 43 deg.02.117'N, 
087 deg.53.417'W; south to 43 deg.01.767'N, 087 deg.53.417'W; southwest 
to 43 deg.01.555'N, 087 deg.53.772'W; north along the shoreline back to 
the point of origin. This also includes the Harbor Island Lagoon area. 
The size of this zone was determined using the National Fire Prevention 
Association guidelines and local knowledge concerning wind, waves, and 
currents. These coordinates are based upon North American Datum 1983 
(NAD 83).
    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).

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 
Harbor Island in Milwaukee's outer harbor from 9:30 p.m. until 10:30 
p.m. (CST) on August 31, 2001.
    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 in effect for only one hour on one day 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. 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 (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 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) 
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 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 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.

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

[[Page 44973]]

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, and 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.T09-994 is added to read as follows:


Sec. 165.T09-994  Safety Zone; Milwaukee Harbor, Milwaukee, Wisconsin.

    (a) Location. All waters of the Milwaukee Harbor encompassed by the 
following coordinates: from the point of origin at 43 deg.02.209'N, 
087 deg.53.714'W; southeast to 43 deg.02.117'N, 087 deg.53.417'W; south 
to 43 deg.01.767'N, 087 deg.53.417'W; southwest to 43 deg.01.555'N, 
087 deg.53.772'W; north along the shoreline back to the point of 
origin. This also includes the Harbor Island Lagoon area. These 
coordinates are based upon North American Datum 1983 (NAD 83).
    (b) Effective times and date. From 9:30 p.m. until 10:30 p.m. on 
August 31, 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: August 20, 2001.
M.R. DeVries,
Commander, U.S. Coast Guard, Captain of the Port, Milwaukee, Wisconsin.
[FR Doc. 01-21562 Filed 8-24-01; 8:45 am]
BILLING CODE 4910-15-U