[Federal Register Volume 68, Number 153 (Friday, August 8, 2003)]
[Rules and Regulations]
[Pages 47241-47243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20195]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-224]
RIN 1625-AA97


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Milwaukee Harbor for the Harley Davidson 100th Anniversary fireworks 
display. 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 Milwaukee Harbor.

DATES: This rule is effective from 9:50 p.m. (CST) on August 30, 2003 
until 10:15 p.m. (CST) on September 1, 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 CGD09-03-224 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 First Class 
Mike Schmitdke, Marine Safety Office Milwaukee, at (414)747-7155.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On June 16, 2003 we published a notice of proposed rulemaking 
(NPRM) for this regulation (68 FR 35615). The permit application was 
received such that we could receive public comment on the proposed 
rule. However, 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 from 
the date of publication. 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 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.

[[Page 47242]]

Background and Purpose

    This safety zone is established to safeguard the public from the 
hazards associated with launching of fireworks inside Milwaukee 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.
    This rule is effective from 9:50 p.m. (CST) on August 30, 2003 
until 10:15 p.m. (CST) on September 1, 2003. The safety zone will 
encompass all waters and adjacent shoreline bounded by the arc of the 
circle with a 1680-foot radius with its center in approximate position 
43[deg] 02.16' N, 087[deg] 53.18' W. These coordinates are based upon 
North American Datum 1983 (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 Comments and Changes

    We received no comments for this rule.

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.

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 
outer Milwaukee Harbor from 9:50 p.m. (CST) until 10:15 p.m. (CST) on 
August 30 and 31, 2003. And again on September 1, 2003 in the event of 
inclimate weather.
    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 
government 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

[[Page 47243]]

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), of the Instruction, 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. 0170.1.


0
2. A new temporary Sec.  165.T09-224 is added to read as follows:


Sec.  165.T09-224  Safety Zone; Harley Davidson Motor Company 100th 
Anniversary Fireworks, Milwaukee, Wisconsin.

    (a) Location. The following area is a safety zone: 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.
    (b) Enforcement periods. This rule is effective from 9:50 p.m. 
(CST) on August 30, 2003 until 10:15 p.m. (CST) on September 1, 2003. 
This section will be enforced from 9:50 (CST) until 10:15 (CST) on 
August 30; again on August 31; and, in the event of inclement weather, 
during these same times on September 1, 2003.
    (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: July 30, 2003.
H.M. Hamilton,
Commander, U.S. Coast Guard, Captain of the Port, Milwaukee, Milwaukee, 
Wisconsin.
[FR Doc. 03-20195 Filed 8-7-03; 8:45 am]
BILLING CODE 4910-15-P