[Federal Register Volume 67, Number 128 (Wednesday, July 3, 2002)]
[Rules and Regulations]
[Pages 44564-44566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16752]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-032]
RIN 2115-AA97


Safety Zone; Festa Italiana 2002, Milwaukee, WI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Milwaukee's outer harbor for the Festa Italiana 2002 fireworks display 
and airshow. 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 Lake Michigan and in particular, outer 
Milwaukee Harbor, Milwaukee, Wisconsin.

DATES: This temporary rule is effective from 3:30 p.m. (local) on July 
19, 2002 until 10:40 p.m. (CST) on July 21, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD09-02-032] 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 8 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, at (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. 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 for the fireworks safety zone 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. In addition, any delay in the 
effective date of the safety zone for the air show would expose the 
public and participants to unnecessary hazards associated with low 
flying aircraft in close proximity to spectator vessels.

Background and Purpose

    This safety zone is established to safeguard the public from the 
hazards associated with launching of fireworks and aircraft flying at 
high speeds close to the water in Milwaukee's outer 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 daytime safety zone will be enforced on July 20 and again on 
July 21, 2002 from 3:30 p.m. (local) until 4:30 p.m. (local). The 
daytime safety zone will consist of the following: all waters and 
adjacent shoreline of outer Milwaukee Harbor encompassed by the 
following coordinates: 43 deg.02.17' N, 087 deg.53.42' W, then east to 
43 deg.02.11' N, 087 deg.53.14' W, then south to 43 deg.01.32' N, 
087 deg.53.21' W, then west to 43 deg.01.35' N, 087 deg.53.43' W, then 
north along the shoreline to the point of origin. These

[[Page 44565]]

coordinates are based upon North American Datum 1983 (NAD 83).
    The night time safety zone will be enforced on July 19 and again on 
July 21, 2002 from 9:30 p.m. (local) until 10:40 p.m. (local). The 
following area is the night time safety zone: all waters and adjacent 
shoreline of outer Milwaukee Harbor encompassed by the following 
coordinates: 43 deg.01.22' N, 087 deg.53.39' W, east to 43 deg.01.16' 
N, 087 deg.53.01' W, then north to 43 deg.02.13' N, 087 deg.52.45' W, 
then west to 43 deg.02.21' N, 087 deg.53.27' W, then south to 
43 deg.01.30' N, 087 deg.53.41' W, then south along the shoreline to 
the point of origin (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 
the outer Milwaukee Harbor during the day zone from 3:30 p.m. (local) 
until 4:30 p.m. (local) on July 20 and July 21, 2002, and the night 
zone from 9:30 p.m. (local) until 10:40 p.m. (local) on July 19 and 
July 21, 2002.
    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 (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 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 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 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 M16475.1C, this rule is categorically excluded from further 
environmental documentation. A ``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 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

[[Page 44566]]

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.T09-032 is added to read as follows:


Sec. 165.T09-032  Safety Zone; Milwaukee Harbor, Lake Michigan, 
Milwaukee, WI.

    (a) Location. The following are safety zones:
    (1) Day time zone. All waters and adjacent shoreline of the outer 
Milwaukee Harbor encompassed by a line drawn between the following 
coordinates: 43 deg.02.17' N, 087 deg.53.42' W; then east to 
43 deg.02.11' N, 087 deg.53.14' W; then south to 43 deg.01.32' N, 
087 deg.53.21' W; then west to 43 deg.01.35' N, 087 deg.53.43' W; then 
north along the shoreline to the point of origin (NAD 83).
    (2) Night time zone. All waters and adjacent shoreline of the outer 
Milwaukee Harbor encompassed by a line drawn between the following 
coordinates: 43 deg.01.22' N, 087 deg.53.39' W; east to 43 deg.01.16' 
N, 087 deg.53.01' W; then north to 43 deg.02.13' N, 087 deg.52.45' W; 
then west to 43 deg.02.21' N, 087 deg.53.27' W, then south to 
43 deg.01.30' N, 087 deg.53.41' W, then southerly along the shoreline 
to the point of origin (NAD 83).
    (b) 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.
    (c) Enforcement period. This section is effective from 9:30 p.m. 
(local) on July 19th, 2002 until 10:40 p.m. (local) on July 21st, 2002. 
The zone in paragraph (a)(1) will be enforced from 3:30 p.m. until 4:30 
p.m. on July 20th; and again during these same times on July 21, 2002. 
The zones in paragraph (a)(2) will be enforced from 9:30 p.m. until 
10:40 p.m. on July 19th; and again during these same times on July 
21st, 2002.

    Dated: June 24, 2002.
M.R. DeVries,
Commander, Coast Guard, Captain of the Port, Milwaukee, Milwaukee, 
Wisconsin.
[FR Doc. 02-16752 Filed 7-2-02; 8:45 am]
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