[Federal Register Volume 68, Number 169 (Tuesday, September 2, 2003)]
[Rules and Regulations]
[Pages 52096-52098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22204]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-265]
RIN 1625-AA97


Safety Zone; Motor Vessel FAIRLANE, Port Washington, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
the anchored motor vessel FAIRLANE while she transfers equipment to a 
barge in the vicinity of Port Washington, WI. The rule is necessary to 
prevent vessels from transiting too close to the M/V FAIRLANE and 
causing wakes that may hinder the safe transfer of equipment from the 
ship to the barge. This rule is intended to restrict vessel traffic 
from a portion of Lake Michigan.

DATES: This rule is effective from 12:01 a.m. (CST) on September 5, 
2003 until 11:59 p.m. (CST) on September 15, 2003.

ADDRESSES: Comments on this rule may be addressed to Commanding 
Officer, U.S. Coast Guard Marine Safety Office Milwaukee, 2420 South 
Lincoln Memorial Drive, Milwaukee, WI 53207 between 7 a.m. (CST) and 
3:30 p.m. (CST), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marine Science Technician Michael 
Schmidtke, Marine Safety Office Milwaukee, (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) and under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for not publishing an NPRM and 
for making this rule effective less than 30 days after publication in 
the Federal Register. 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 those working on the M/V FAIRLANE, as well as other 
workers in the area, while extremely heavy machinery is being unloaded. 
This rule also ensures that any interested spectators do not 
accidentally place themselves in danger should any problems occur. As 
such, 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.

Background and Purpose

    This Safety Zone is established to safeguard the vessel and the 
public while the M/V FAIRLANE is unloading heavy equipment and 
machinery in the vicinity of Port Washington, WI. The size of the zone 
was determined by the necessities of safe navigation in the Captain of 
the Port zone and local knowledge about wind, waves, and currents in 
this particular area.
    The safety zone is effective from 12:01 a.m. (CST) on September 5, 
2003 until 11:59 p.m. (CST) on September 15, 2003. This rule will be 
enforced when the motor vessel FAIRLANE is in the vicinity of Port 
Washington conducting transfer operations on Lake Michigan.

Discussion of Rule

    The Coast Guard will implement a safety zone around the motor 
vessel FAIRLANE while anchored in the vicinity of Port Washington, WI. 
Vessels are not to come within 100 yards of the motor vessel FAIRLANE. 
The purpose of the safety zone is to prevent vessels from transiting 
too close to the M/V FAIRLANE and causing wakes that may hinder the 
safe transfer of equipment from the ship to the barge. In addition, 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).
    All persons and vessels shall comply with the instructions of the 
Captain of

[[Page 52097]]

the Port Milwaukee or his designated on-scene representative. Entry 
into, transiting through, 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 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 and the zone is an area where the Coast 
Guard expects insignificant adverse impact to mariners from the zone's 
activation.

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 in the vicinity of the motor 
vessel FAIRLANE, while conducting transfer operations in the vicinity 
of Port Washington on Lake Michigan, from 12:01 a.m. (CST) on September 
5, 2003 until 11:59 p.m. (CST) on September 15, 2003.
    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 enforced to safeguard the navigation of the boating public 
and the transfer operation of the FAIRLANE while the vessel is 
conducting transfer operations on Lake Michigan. In addition, 
commercial vessels transiting the area can transit around the safety 
zone. The Coast Guard will give notice to the public via a Broadcast to 
Mariners that the regulation is in effect. 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.

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 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.

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. 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

[[Page 52098]]

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. 0170.1.

0
2. A new temporary Sec.  165.T09-265 is added to read as follows:


Sec.  165.T09-265  Safety Zone; Motor Vessel FAIRLANE, Port Washington, 
WI.

    (a) Location. The following area is designated a safety zone: all 
waters of Lake Michigan within a 100 yard radius of the motor vessel 
FAIRLANE while the vessel is conducting transfer operations at anchor 
in the vicinity of Port Washington, WI.
    (b) Effective period. This section is effective from 12:01 a.m. 
(CST) on September 5, 2003 until 11:59 p.m. (CST) on September 15, 
2003. This rule will be enforced when the FAIRLANE is conducting 
transfer operations at anchor in Lake Michigan in the vicinity of Port 
Washington, WI.
    (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 representative. 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: August 22, 2003.
H.M. Hamilton,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 03-22204 Filed 8-29-03; 8:45 am]
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