[Federal Register Volume 67, Number 93 (Tuesday, May 14, 2002)]
[Proposed Rules]
[Pages 34420-34421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12027]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-010]
RIN 2115-AA97


Safety Zone; Racine Harbor Fest 2002, Racine, WI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
outside Racine Harbor south of Reef Point Marina Racine, Wisconsin for 
the Racine Harbor Fest 2002 fireworks celebration. This action is 
necessary to ensure the safety of life and property in the immediate 
vicinity of the fireworks launch platform during this event. This 
action is intended to restrict vessel traffic south of Racine Harbor.

DATES: Comments and related material must reach the Coast Guard on or 
before May 24, 2002. The proposed rule would be effective from 9:20 
p.m. on June 15, 2002 through 9:55 p.m. on June 16, 2002.

ADDRESSES: You may mail comments and related material to the Commanding 
Officer, U.S. Coast Guard Marine Safety Office Milwaukee, 2420 South 
Lincoln Memorial Drive, Milwaukee, Wisconsin 53207. Marine Safety 
Office Milwaukee maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at Marine Safety Office Milwaukee between 7 a.m. and 3:30 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Timothy Sickler, Chief of Port 
Operations, at (414) 747-7155.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD09-02-
010], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Milwaukee at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    This proposed safety zone is necessary to safeguard the public from 
the hazards associated with storing, preparation and launching of the 
Harbor Fest fireworks display south of Racine Harbor, Racine, 
Wisconsin. Based on recent accidents that have occurred in other 
Captain of the Port Zones, and the explosive hazard associated with 
these events, the Captain of the Port has determined that fireworks 
launches in close proximity to watercraft pose a significant risk to 
safety and property.
    The combination of large numbers of inexperienced recreational 
boaters, congested waterways, darkness punctuated by bright flashes of 
light, alcohol use, and debris falling in to the water could easily 
result in serious injuries or fatalities.
    Establishing safety zones by notice and comment rulemaking gives 
the public an opportunity to comment on the proposed zones and provides 
better notice than promulgating temporary final rules.

Discussion of Proposed Rule

    The Coast Guard is proposing a safety zone south of Racine Harbor, 
Racine, Wisconsin. The Coast Guard would notify the public of the 
safety zone, in advance, by way of Ninth Coast Guard District Local 
Notice to Mariners, marine information broadcasts, and for those who 
request it from Marine Safety Office Milwaukee, by facsimile (fax).

Regulatory Evaluation

    This proposed 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 proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This 
determination is based on the minimal time that vessels would be 
restricted from the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 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, moor or anchor in a portion of the 
activated safety zone.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: this 
rule would be in effect for only fifty minutes on the day of the event. 
Vessel traffic could safely pass outside of the proposed safety zone 
during the event. Although the safety zone for the event would 
encompass the entire navigation channel, traffic would be allowed to 
pass through the safety zone with permission of the Captain of the Port 
Milwaukee, or his designated on scene Patrol Commander.
    If you think 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.

[[Page 34421]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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).

Collection of Information

    This proposed 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 proposed rule under Executive Order 13132, 
Federalism, 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 proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Environment

    We have considered the environmental impact of this proposed 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. A 
``Categorical Exclusion Determination'' is available in the docket 
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. We invite your 
comments on how this proposed rule might impact tribal governments, 
even if that impact may not constitute a ``tribal implication'' under 
the Order.

Energy Effects

    We have analyzed this proposed 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 proposes 
to amend 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. From 9:20 p.m. on June 15, 2002 through 9:55 p.m. on June 16, 
2002 a new temporary Sec. 165.T09-003 is added to read as follows:


Sec. 165.T09-003  Safety Zone; Waters south of Racine Harbor, Racine, 
Wisconsin.

    (a) Location. The following area is a safety zone: all waters and 
adjacent shoreline bounded by the arc of a circle with a 140-foot 
radius with its center in approximate position 42 deg.43.44' N, 
087 deg.46.41' W, located south of Racine Harbor.
    (b) Enforcement period. This safety zone will be enforced on June 
15 and 16, 2002 from 9:20 p.m. to 9:55 p.m. (local time). The Coast 
Guard Captain of the Port Milwaukee or the on scene Patrol Commander 
may terminate this event at anytime.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is subject to the 
following requirements:
    (1) This safety zone is closed to all marine traffic, except as may 
be permitted by the Captain of the Port or his duly appointed 
representative.
    (2) The ``duly appointed representative'' of the Captain of the 
Port is any Coast Guard commissioned, warrant or petty officer who has 
been designated by the Captain of the Port, Milwaukee, Wisconsin to act 
on his behalf. The representative of the Captain of the Port will be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel.
    (3) Vessel operators desiring to enter or operate within the Safety 
Zone shall contact the Captain of the Port or his representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the Safety Zone shall comply with all directions given to 
them by the Captain of the Port or his representative.
    (4) The Captain of the Port may be contacted by telephone via the 
Command Duty Officer at (414) 747-7155 during working hours. Vessels 
assisting in the enforcement of the Safety Zone may be contacted on 
VHF-FM channels 16 or 21A. Vessel operators may determine the 
restrictions in effect for the safety zone by coming alongside a vessel 
patrolling the perimeter of the Safety Zone.
    (5) Coast Guard Group Milwaukee will issue a Marine Safety 
Information Broadcast Notice to Mariners to notify the maritime 
community of the Safety Zone and restriction imposed.

    Dated: May 6, 2002.
M.R. DeVries,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 02-12027 Filed 5-13-02; 8:45 am]
BILLING CODE 4910-15-P