[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Proposed Rules]
[Pages 29235-29237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10143]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-05-010]
RIN 1625-AA00


Safety Zone; Waters of Milwaukee Harbor, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to implement a temporary safety zone 
for the TCF Bank Milwaukee Air Expo. This safety zone is necessary to 
safeguard the public from the hazards associated with air shows. This 
proposed rule would restrict vessel traffic from a portion of Lake 
Michigan near Milwaukee Harbor unless authorized by the Captain of the 
Port Milwaukee or designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before June 20, 2005.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, U.S. Coast Guard Marine Safety Office Milwaukee (CGD09-05-
010), 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.(local), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marine Science Technician Chief 
Millsap, U.S. Coast Guard MSO Milwaukee, at (414) 747-7155.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you

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do so, please include your name and address, identify the docket number 
for this rulemaking (CGD09-05-010), indicate the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit all 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 they 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 safety zone is necessary to protect the public from the 
hazards associated with air shows. Due to the high profile nature and 
extensive publicity associated with this event, the Captain of the Port 
(COTP) expects a large number of spectators in confined areas adjacent 
to and on Lake Michigan. As such, the COTP is proposing to establish a 
safety zone in Milwaukee Harbor from July 14 through July 17, 2005. The 
safety zone would be enforced from 1 p.m. until 4:30 p.m. each day and 
would ensure the safety of both participants and spectators in these 
areas.
    The combination of large numbers of inexperienced recreational 
boaters, congested waterways, boaters crossing commercially transited 
waterways, and low flying aircraft could easily result in serious 
injuries or fatalities.
    This notice of proposed rulemaking comment period allows the public 
an opportunity to comment on the proposed safety zone, allowing the 
Coast Guard to evaluate the proposed zone's affects and consider 
modifications.

Discussion of Proposed Rule

    The Coast Guard is proposing a safety zone in Milwaukee Harbor, 
Milwaukee, Wisconsin from July 14 through July 17, 2005. The safety 
zone would be enforced from 1 p.m. until 4:30 p.m. each day and would 
ensure the safety of both participants and spectators in these areas.
    The Coast Guard will notify the public 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 upon the size and location of the 
safety zone within the waterway. Recreational vessels may transit 
through the safety zone with permission from the COTP Milwaukee or his 
designated on-scene patrol commander.

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 safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
safety zone would be enforced for only a few hours per day on each day 
of the event and vessel traffic can safely pass outside of the proposed 
safety zone during the event. Before the effective period, we would 
issue maritime advisories widely available to users of the lake.
    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 (Pub. L. 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). 
The Coast Guard will not retaliate against small entities that question 
or complain about this proposed rule or any policy or action of the 
Coast Guard.

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 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 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of

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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.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 
government, even if that impact may not constitute a ``tribal 
implication'' under that 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination 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, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation.
    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether to 
categorically exclude this rule from further environmental review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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.

    2. From 1 p.m. on July 14, 2005, through 4:30 p.m. on July 17, 
2005, add temporary Sec.  165.T09-010 to read as follows:


Sec.  165.T09-010  Safety Zone; Waters of Milwaukee Harbor, Milwaukee, 
Wisconsin.

    (a) Location. The safety zone includes all waters encompassed by 
the following coordinates: starting at 43[deg]01.606[min] N, 
087[deg]53.041[min] W; then northeast to 43[deg]03.335[min] N, 
087[deg]51.679[min] W; then northwest to 43[deg]03.583[min] N, 
087[deg]52.265[min] W; then going southwest to 43[deg]01.856[min] N, 
087[deg]53.632[min] W; then returning back to point of origin, located 
in Milwaukee Harbor. These coordinates are based upon North American 
Datum 1983.
    (b) Enforcement period. This safety zone will be enforced from 1 
p.m. to 4:30 p.m. each day from July 14, 2005, through July 17, 2005. 
The Captain of the Port Milwaukee or the on scene Patrol Commander may 
terminate this event at anytime.
    (c) Regulations. In accordance with the general regulations in 
Section 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 must 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 must 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 23A. 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: May 12, 2005.
H.M. Hamilton,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 05-10143 Filed 5-19-05; 8:45 am]
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