[Federal Register Volume 69, Number 60 (Monday, March 29, 2004)]
[Proposed Rules]
[Pages 16186-16188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6741]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-04-001]
RIN 1625-AA00


Security Zone; Professional Golfer's Association Championship 
Tour, Sheboygan, WI; Lake Michigan

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary security 
zone for a portion of Lake Michigan in Sheboygan, WI for the 
Professional Golfers' Association (PGA) Championship Tour. This action 
is necessary to ensure the waterside security to protect the 
international high-profile participants and spectators during this 
event. This action is intended to restrict vessel traffic for a portion 
of Lake Michigan off of Sheboygan, WI.

DATES: Comments and related material must reach the Coast Guard on or 
before May 28, 2004.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, U.S. Coast Guard Marine Safety Office Milwaukee, 2420 South 
Lincoln Memorial Drive, Milwaukee, Wisconsin 53207. Marine Safety 
Office (MSO) 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 MSO 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 MSO Milwaukee, at (414) 747-7155.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Establishing security zones by notice-and-comment rulemaking gives 
the public an opportunity to comment on the proposed zones. 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 [CGD09-04-001], 
indicate the specific section of this document to which each comment 
applies, and give the reason for each comment. Please submit all

[[Page 16187]]

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 that 
your submission 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 MSO 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 security zone is necessary to safeguard the PGA Championship 
Tour players and attendees from potential waterborne threats and 
hazards. Due to the high profile nature and extensive publicity 
associated with this event, the Captain of the Port (COTP) expects a 
significantly large number of spectators in confined areas adjacent to 
Lake Michigan. As such, the COTP is proposing to implement a security 
zone to ensure the safety and security of both participants and 
spectators in these areas beginning on August 9, 2004 and concluding on 
August 17, 2004. Security zone enforcement would occur daily between 7 
a.m. and 8 p.m.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a security zone that would 
include all waters and adjacent shoreline encompassed by the following 
coordinates: starting at 43[deg]49.845' N, 087[deg]43.079' W; then east 
to 43[deg]49.28' N, 087[deg]42.93' W; then north to 43[deg]52.591' N, 
087[deg]43.426' W; then going west to 43[deg]52.05' N, 087[deg]43.33' 
W; then following the shoreline back to point of origin. These 
coordinates are based upon North American Datum 1983 (NAD 83). This 
security zone would be enforced daily from 7 p.m. until 8 p.m. on 
August 9, 2004 until 8 p.m. August 17, 2004.
    The Coast Guard would notify the public about this security zone, 
in advance, by way of the Ninth Coast Guard District Local Notice to 
Mariners, the Broadcast Notice to Mariners, and, for those who request 
it, from MSO 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 would 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 security zone.
    This security 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 the 9 days of the event and vessel 
traffic can safely pass outside of the proposed security zone during 
the event.
    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 concerning its provisions or 
options for compliance, please contact MSO 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 affect 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.

[[Page 16188]]

Indian Tribal Governments

    This proposed 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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 analyzed this proposed 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 Instruction, from further environmental 
documentation.

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. 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.

    2. Add Sec.  165.T09-001 to read as follows:


Sec.  165.T09-001  Security Zone; Professional Golfer's Association 
Championship Tour, Sheboygan, WI; Lake Michigan.

    (a) Location. The following area is a security zone: All waters and 
adjacent shoreline encompassed by the following coordinates starting at 
43[deg]49.845' N, 087[deg]43.079' W; then east to 43[deg]49.28' N, 
087[deg]42.93' W; then north to 43[deg]52.591' N, 087[deg]43.426' W; 
then going west to 43[deg]52.05' N, 087[deg]43.33' W; then following 
the shoreline back to point of origin (NAD 83).
    (b) Enforcement period. This section will be enforced daily between 
the hours of 7 a.m. and 8 p.m., from 7 a.m. on August 9, 2004, until 8 
p.m. on August 17, 2004.
    (c) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by Captain of the Port Milwaukee.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number (414) 747-7155 or 
on VHF channel 16 or VHF channel 21A to seek permission to transit the 
area. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or his designated 
representative.

    Dated: March 15, 2004.
H.M. Hamilton,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 04-6741 Filed 3-26-04; 8:45 am]
BILLING CODE 4910-15-P