[Federal Register Volume 68, Number 153 (Friday, August 8, 2003)]
[Rules and Regulations]
[Pages 47239-47241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20194]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-227]
RIN 1625-AA00


Safety Zone; Milwaukee Harbor, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone inside 
Milwaukee Harbor for the Offshore Power Boat Races. This safety zone is 
necessary to protect spectators and vessels from the hazards associated 
with high speed vessels. This safety zone is intended to restrict 
vessel traffic from a portion of the Milwaukee Harbor.

DATES: This rule is effective from 9 a.m. on August 8, 2003 until 5 
p.m. on August 10, 2003.

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 [CGD09-03-227] 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: Marine Science Technician Chief Dave 
McClintock, 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 was not 
received in time to publish an NPRM followed by a final rule before the 
effective date. Delaying this rule would be contrary to the public 
interest of ensuring the safety of spectators and vessels during this 
event and immediate action is necessary to prevent possible loss of 
life or property. The Coast Guard has not received any complaints or 
negative comments previously with regard to this event.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

Background and Purpose

    This safety zone is established to safeguard the public from the 
hazards of high-speed boat races. The size of the zone was determined 
by the race course and using previous experiences of high-speed boat 
races in the Captain of the Port zones and local knowledge about wind, 
waves, and currents in this particular area.
    The safety zone will be enforced on August 8, 2003 from 9 a.m. 
until 4 p.m.; on August 9 and 10, 2003 from 9 a.m. until 5 p.m. The 
safety zone will start at the following coordinates: 43[deg] 02.423' N 
087[deg] 53.167' W west to 43[deg] 02.422' N 087[deg] aves\rules.xml 
53.442' W south to 43[deg] 01.583' N 087[deg] 53.550' W southeast to 
43[deg] 00.533' N 087[deg] 53.091' W east to 43[deg] 00.619' N 087[deg] 
52.827' W north to 43[deg] 01.587' N 087[deg] 53.244' W north to ending 
waypoint 43[deg] 02.423' N 087[deg] 53.167' W located inside of 
Milwaukee Harbor. There will also be a northern zone prohibiting vessel 
traffic into the

[[Page 47240]]

racing area at the following position 43[deg] 02.473' N 087[deg] 
52.877' W to 43[deg] 02.535' N 087[deg] 53.020' W to 43[deg] 02.565' N 
087[deg] 53.127' W to 43[deg] 02.590' N 087[deg] 53.260' W. There will 
also be a southern zone which also provides a lane for recreational 
vessels into inner Milwaukee Harbor. At the following position 43[deg] 
00.490' N 087[deg] 52.660' W to 43[deg] 00.429' N 087[deg] 52.744' W to 
43[deg] 00.373' N 087[deg] 52.886' W to 43[deg] 00.343' N 087[deg] 
53.055' W to 43[deg] 00.508' N 087[deg] 53.246' W to 43[deg] 00.597' N 
087[deg] 53.318' W to 43[deg] 00.911' N 087[deg] 53.467' W to 43[deg] 
01.100' N 087[deg] 53.559' W to 43[deg] 01.218' N 087[deg] 53.612' W to 
43[deg] 01.311' N 087[deg] 53.642' W to 43[deg] 01.378' N 087[deg] 
53.617' W to 43[deg] 01.504' N 087[deg] 53.649' W (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.

Discussion of Rule

    The Coast Guard is establishing a safety zone running between the 
break walls inside and outside Milwaukee Harbor, Milwaukee, Wisconsin. 
High-speed vessels will be transiting the inner harbor on Friday August 
8, 2003 to tune their engines and become familiar with the race course. 
Due to other vessel traffic there will be times that when the high-
speed vessels will not be transiting the area so other vessels may 
transit this area. On August 9 and 10, 2003 the races will occur. There 
will be breaks between races for other vessels to transit in and out of 
the harbor. 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 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).

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 inner and outer Milwaukee Harbor on August 8, 2003 from 9 a.m. 
until 4 p.m. and again on August 9 and August 10, 2003 from 9 a.m. 
until 5 p.m.
    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

    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

[[Page 47241]]

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 analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2. of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g) of the Commandant Instruction M16475.1D, from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.


0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170


.0
2. A new temporary Sec.  165.T09-227 is added to read as follows:


Sec.  165.T09-227  Safety Zone; Milwaukee Harbor, Milwaukee, WI.

    (a) Location. The following is a safety zone bounded by the 
following coordinates: 43[deg] 02.423' N 087[deg] 53.167' W west to 
43[deg] 02.422' N 087[deg] 53.442' W south to 43[deg] 01.583' N 
087[deg] 53.550' W southeast to 43[deg] 00.533' N 087[deg] 53.091' W 
east to 43[deg] 00.619' N 087[deg] 52.827' W north to 43[deg] 01.587' N 
087[deg] 53.244' W north to ending waypoint 43[deg] 02.423' N 087[deg] 
53.167' W located inside of Milwaukee Harbor. There will also be a 
northern zone prohibiting vessel traffic into the racing area at the 
following position 43[deg] 02.473' N 087[deg] 52.877' W to 43[deg] 
02.535' N 087[deg] 53.020' W to 43[deg] 02.565' N 087[deg] 53.127' W to 
43[deg] 02.590' N 087[deg] 53.260' W. There will also be a southern 
zone which also provides a lane for recreational vessels into inner 
Milwaukee Harbor. At the following position 43[deg] 00.490' N 087[deg] 
52.660' W to 43[deg] 00.429' N 087[deg] 52.744' W to 43[deg] 00.373' N 
087[deg] 52.886' W to 43[deg] 00.343' N 087[deg] 53.055' W to 43[deg] 
00.508' N 087[deg] 53.246' W to 43[deg] 00.597' N 087[deg] 53.318' W to 
43[deg] 00.911' N 087[deg] 53.467' W to 43[deg] 01.100' N 087[deg] 
53.559' W to 43[deg] 01.218' N 087[deg] 53.612' W to 43[deg] 01.311' N 
087[deg] 53.642' W to 43[deg] 01.378' N 087[deg] 53.617' W to 43[deg] 
01.504' N 087[deg] 53.649' W (NAD 83)
    (b) Enforcement Periods. This rule is effective from 9 a.m. on 
August 8, 2003 until 5 p.m. on August 10, 2003. This section will be 
enforced from 9 a.m. until 4 p.m. on August 8, 2003 for warm-ups; and 
from 9 a.m. until 5 p.m. on August 9 and again on August 10, 2003 for 
the races.
    (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 affect 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: July 30, 2003.
H.M. Hamilton,
Commander, U.S. Coast Guard Captain of the Port Milwaukee.
[FR Doc. 03-20194 Filed 8-7-03; 8:45 am]
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