[Federal Register Volume 69, Number 112 (Thursday, June 10, 2004)]
[Rules and Regulations]
[Pages 32448-32449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13074]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
a portion of Lake Michigan in Sheboygan, WI during the Professional 
Golfers' Association (PGA) Championship Event. This action is part of a 
comprehensive security plan designed to maximize the safety of the 
numerous high-profile spectators and athletes expected at this event. 
This action is intended to restrict vessel traffic for a portion of 
Lake Michigan off of Sheboygan, WI.

DATES: This rule is effective from 7 a.m. (local) August 9, 2004, until 
8 p.m. (local) August 17, 2004.

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 [CGD09-04-001], are 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 Mike 
Schmidtke, MSO Milwaukee, at (414) 747-7155.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 29, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Professional Golfer's Association 
Championship Tour, Sheboygan, WI; Lake Michigan'' in the Federal 
Register (69 FR 16186). We received no letters commenting on the 
proposed rule. No public hearing was requested, and none was held.

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 intense public interest in, and extensive media 
coverage of this event, the Captain of the Port (COTP) expects a 
significantly large number of spectators in confined areas adjacent to 
Lake Michigan.
    The security zone coordinates have changed from what was previously 
published in the Federal Register. These coordinates have changed to 
increase the safety of the public as well as the Coast Guard vessels 
patrolling the security zone due to underwater obstructions around and 
on the previous perimeter of the security zone. The changes made to 
these coordinates are not significant and still encompass the area as 
previously discussed. As modified, the COTP is implementing this 
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 will occur 
daily between 7 a.m. and 8 p.m.

Discussion of Comments and Changes

    We received no comments in response to this rulemaking and no 
changes, other than those for safety reasons mentioned in the 
Background and Purpose section, were made.

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 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 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, 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 does 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 the 9 days of the event and vessel 
traffic can safely pass outside of the security zone during the event.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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

[[Page 32449]]

this 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 rule does not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule does 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 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 will 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 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 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 record 
keeping requirements, Security measures, 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. From 7 a.m. (local) August 9, 2004, until 8 p.m. (local) August 17, 
2004, 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]52.385' N, 087[deg]44.211' W; then east to 43[deg]52.405' N, 
087[deg]43.205' W; then south to 43[deg]49.601' N, 087[deg]42.702' W; 
then west to 43[deg]49.604' N, 087[deg]43.773' W; then following the 
shoreline north back to point of origin (NAD 83).
    (b) Effective period. This section is effective from 7 a.m. (local) 
August 9, 2004, until 8 p.m. (local) 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: June 2, 2004.
H.M. Hamilton,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 04-13074 Filed 6-9-04; 8:45 am]
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