[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Rules and Regulations]
[Pages 27621-27623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4473]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-024]
RIN 1625-AA00


Safety Zone; Rockets for Schools, Sheboygan, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Sheboygan, WI, for the Rockets for Schools model rocket launch. This 
safety zone is needed to protect personnel and property from hazards 
associated with the storage, preparation, launching and recovery of 
model rockets, as well as for protection of the general public and 
vessels near where the rockets are being launched. Entry into this zone 
is prohibited unless authorized by the Captain of the Port or his duly 
appointed representative.

DATES: This rule is effective from 8 a.m. (local) on May 13, 2006 
through 5 p.m. (local) on May 13, 2006.

[[Page 27622]]


ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD09-06-024 and are available for 
inspection or copying at U.S. Coast Guard Sector Lake Michigan, 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: Chief Warrant Officer Brad Hinken, 
Sector Lake Michigan, (414) 747-7154.

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), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The permit application was not 
submitted in time to allow for publication of an NPRM followed by a 
temporary final rule.
    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. 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 launching large rockets and the possible loss 
of life, injury, and damage to property. For this particular event, 
numerous model rockets will be launched, which could potentially create 
a very hazardous condition.

Background and Purpose

    This safety zone is necessary to ensure the safety of the public 
and boating traffic in the Sheboygan area during this event. This 
safety zone is intended to restrict vessel traffic from a portion of 
Lake Michigan and Sheboygan Harbor. The size of the zone was determined 
by using launch trajectory and previous experiences in the Captain of 
the Port Lake Michigan zone and local knowledge about wind, waves, and 
currents in this particular area.

Discussion of Rule

    The safety zone will encompass all waters within Lake Michigan and 
Sheboygan Harbor bounded by the arc of a circle with a 1500-yard radius 
with its center in position 43[deg]-44.9' N, 087[deg]42.0' 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 Lake Michigan 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 Lake 
Michigan or his designated on-scene representative. The Captain of the 
Port Lake Michigan 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.
    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. Vessels will only be restricted from 
the safety zone for a short period of time. Vessels may transit through 
the safety zone with permission from the COTP Lake Michigan or his 
designated on-scene patrol commander.

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, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor near Sheboygan, WI, within the safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be in effect for nine hours. Vessel traffic may enter or 
transit through the safety zone with the permission of the Captain of 
the Port Lake Michigan or his designated on-scene representative. 
Before the effective period, we will issue maritime advisories and 
ensure they are widely available to users of the Port of Sheboygan.

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 Coast Guard Sector Lake Michigan 
(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 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 affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 27623]]

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. 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 procedure; and related management 
system practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This 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, and Department of Homeland Security Management Directive 
5100.1, which guide 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.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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. Add Sec.  165.T09-024 to read as follows:


Sec.  165.T09-024  Safety Zone; Rockets for Schools Sheboygan, 
Wisconsin

    (a) Location. The following area is a safety zone: The area bounded 
by the arc of a circle with a 1500-yard radius with its center in 
position 43[deg]-44.9' N, 087[deg]42.0' W, NAD 83).
    (b) Effective period. This rule is effective from 8 a.m. (local) on 
May 13, 2006 until 5 p.m. (local) on May 13, 2006.
    (c) Regulations. In accordance with the general regulations in 33 
CFR 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 Lake Michigan 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 
Sector Lake Michigan Operations Center at (414) 747-7182 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 Sector Lake Michigan will issue a Marine Safety 
Information Broadcast Notice to Mariners to notify the maritime 
community of the safety zone and restriction imposed.

    Dated: April 26, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. 06-4473 Filed 5-11-06; 8:45 am]
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