[Federal Register Volume 66, Number 173 (Thursday, September 6, 2001)]
[Rules and Regulations]
[Pages 46521-46522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22397]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD09-01-119]
RIN 2115-AE46


Special Local Regulations for Marine Events; Milwaukee River, 
Milwaukee, WI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the Milwaukee River Challenge crew boat races, an event 
to be held on the waters of the Milwaukee River, Milwaukee, 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 Milwaukee River, Milwaukee, Wisconsin 
during the event.

DATES: This rule is effective from 12 m. (noon) until 6 p.m. (local) on 
September 22, 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 [CGD09-01-119] and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Milwaukee, 2420 S. 
Lincoln Memorial Drive, Milwaukee, WI 53207 from 7 a.m. until 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

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. The Coast Guard received the permit request for 
special local regulations on August 1, 2001. We were notified of the 
need for special local regulations with insufficient time to publish an 
NPRM, allow for comments, and publish a temporary final rule prior to 
the event on September 22, 2001.

Background and Purpose

    On September 22, 2001, Laacke and Joys Inc. will sponsor the 
Milwaukee River Challenge crew boat races from 12 m. (noon) until 6 
p.m. on the waters of the Milwaukee River, Milwaukee, Wisconsin. A 
fleet of spectator vessels is expected to gather near the event site to 
view the crew boat races. Normal river traffic will be shut down for a 
period of six hours between the Chicago Street and Humboldt Avenue 
bridges. Except for participants in the Milwaukee River Challenge crew 
boat races and persons or vessels authorized by the Patrol Commander, 
no person or vessel may enter or remain in the regulated area.
    The regulated area for the boat races will encompass all waters of 
the Milwaukee River and the adjacent shoreline between the Chicago 
Street and Humboldt Avenue bridges.

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).
    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 
regulatory policies and procedures of DOT is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the Milwaukee River 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 
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 the Milwaukee River, Milwaukee, Wisconsin 
from 12 m. (noon) until 6 p.m. (local) on September 22, 2001.
    The effect of this regulation will not be significant because of 
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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 U.S. Coast Guard 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).

[[Page 46522]]

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 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.

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 M16475.1C, 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.

List of Subjects in 33 CFR Part 165

    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 new temporary Sec. 100.35-T09-996 is added to read as follows:


Sec. 100.35-T09-996  Milwaukee River, Milwaukee, Wisconsin.

    (a) Definitions.
    (1) 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.
    (2) Official patrol. The Official Patrol is any vessel assigned or 
approved by Commanding Officer, Marine Safety Office Milwaukee with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (3) Regulated area. All waters of the Milwaukee River and adjacent 
shoreline between the Chicago Street bridge and the Humboldt Avenue 
bridge.
    (b) Special local regulations.
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) 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.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (c) Effective period. From 12 m. (noon) until 6 p.m. on September 
22, 2001.

    Dated: August 28, 2001.
K.A. Carlson,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard 
District.
[FR Doc. 01-22397 Filed 9-5-01; 8:45 am]
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