[Federal Register Volume 68, Number 115 (Monday, June 16, 2003)]
[Proposed Rules]
[Pages 35615-35617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15093]



[[Page 35615]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CCGD09-03-224]
RIN 1625-AA97


Safety Zone; Harley Davidson Motor Company 100th Anniversary 
Fireworks, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
inside Milwaukee Harbor for the Harley Davidson 100th Anniversary 
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 Milwaukee Harbor.

DATES: Comments and related material must reach the Coast Guard on or 
before July 10, 2003.

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: Marine Science Technician Chief 
McClintock, U.S. Coast Guard Marine Safety Office Milwaukee, (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 [CGD09-03-
224], 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 safety zone is necessary to safeguard the public from the 
hazards associated with fireworks displays in Milwaukee Harbor, 
Milwaukee, 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 in outer Milwaukee 
Harbor, Milwaukee, Wisconsin. The Coast Guard will notify the public, 
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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This determination is based on 
the minimal time that vessels will 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 one hour on the day of the event. 
Vessel traffic can safely pass outside of the proposed safety zone 
during the event. Although the safety zone for the event will 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.

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

[[Page 35616]]

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

    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 proposed rule 
under that Order and have determined that this rule 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 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.

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 energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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 proposed rule 
and concluded that, under figure 2-1, paragraph 32(g) of Commandant 
Instruction M16475.1D, this proposed 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

    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 and 160.5, Department of Homeland Security Delegation 
No. 0170.

    2. From 10 p.m. on August 31, 2003 through 11 p.m. on September 1, 
2003 a new temporary Sec.  165.T09-224 is added to read as follows:


Sec.  165.T09-224  Safety Zone; Waters of Milwaukee Harbor, Milwaukee, 
Wisconsin

    (a) Location. The following area is a safety zone:
    (1) The safety zone will encompass all waters and adjacent 
shoreline bounded by the arc of a circle with a 1680 foot radius with 
its center in approximate position 43[deg]02.16' N, 087[deg]53.18' W, 
located in Milwaukee Harbor. These coordinates are based upon North 
American Datum 1983.
    (2) [Reserved]
    (b) Enforcement period. This section is effective from 10 p.m. on 
August 31, 2003 through 11 p.m. on September 1, 2003. This section will 
be enforced on August 31 from 10 p.m. through 11 p.m. In the event of 
inclement weather this section will be enforced on September 1, 2003 
between the same times. 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.


[[Page 35617]]


    Dated: June 9, 2003.
Virginia J. Kammer,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port 
Milwaukee.
[FR Doc. 03-15093 Filed 6-13-03; 8:45 am]
BILLING CODE 4910-15-P