[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Rules and Regulations]
[Pages 37822-37824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10392]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-080]
RIN 1625-AA00


Safety Zone; 4th of July Fireworks Display, Kenosha, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the 4th of July Fireworks Display in Kenosha, Wisconsin. This safety 
zone is necessary to safeguard vessels and spectators from hazards 
associated with fireworks displays. This rule is intended to restrict 
vessel traffic from a portion of Lake Michigan and Kenosha Harbor.

DATES: This safety zone is effective from 8:15 p.m. (local) to 10:30 
p.m. on July 4, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD09-06-080] and are available for 
inspection or copying at U.S. Coast Guard Sector Lake Michigan between 
7 a.m. and 3:30 p.m. (local), Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Brad Hinken, 
U.S. Coast Guard Sector Lake Michigan, at (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 
received in time to publish an NPRM followed by a final rule before the 
effective date. Under 5 U.S.C. 553(d)(3), good cause exists for making 
this rule effective less than 30 days after publication in the Federal 
Register. Delaying this rule would be contrary to the public interest 
of ensuring the safety of spectators and vessels during this event and 
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 necessary to protect the public from the 
hazards associated with fireworks displays. Based on accidents that 
have occurred in other Captain of the Port zones, and the explosive 
hazards of fireworks, the Captain of the Port, Sector Lake Michigan, 
has determined fireworks launches in close proximity to watercraft pose 
significant risk to public safety and property. As such, the COTP is 
proposing to implement a safety zone to ensure the safety of both 
participants and spectators in these areas.
    The likely combination of large numbers of recreation vessels, 
congested waterways, darkness punctuated by bright flashes of light, 
alcohol use, and debris falling into the water could easily result in 
serious injuries or fatalities. Establishing a safety zone to control 
vessel movement around the location of the launch platform will help 
ensure the safety of persons and property at these events and help 
minimize the associated risks.

Discussion of Rule

    The Coast Guard is establishing a safety zone on the waters of Lake 
Michigan near Kenosha, Wisconsin. The safety zone will include all 
waters of Lake Michigan surrounding the fireworks launch platform 
bounded by the arc of a circle with a 560-foot radius with its center 
in the approximate position 42[deg]35.17' N, 087[deg]48.27' W (NAD 83). 
Vessels assisting in the enforcement of the Safety Zone may be 
contacted on VHF-FM channels 16 or 23A.

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

[[Page 37823]]

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 upon the size and location of the 
safety zone within the waterway. Recreational vessels may transit 
through the safety zone with permission from the Captain of the Port 
Lake Michigan 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 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 safety zone will not have a significant economic impact 
on a substantial number of small entities for the following reasons: 
The safety zone will be enforced for only a few hours per day on each 
day of the event and vessel traffic can safely pass outside of the 
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 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 Sector Lake Michigan (see 
ADDRESSES). The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

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 rule would not result in such 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 would 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 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 rule might impact tribal government, even if that 
impact may not constitute a ``tribal implication'' under that Order.

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 procedures; and related management 
systems 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 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.

[[Page 37824]]

    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping 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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5, Department of Homeland Security Delegation 
No. 0170.


0
2. A new temporary Sec.  165.T09-080 is added to read as follows:


Sec.  165.T09-080  Safety Zone; 4th of July Fireworks Display Kenosha, 
Wisconsin.

    (a) Location. The following area is a Safety Zone:
    (1) The safety zone will include all waters of Lake Michigan 
surrounding the fireworks launch platform bounded by the arc of a 
circle with a 560-foot radius with its center in the approximate 
position 42[deg]35.17' N, 087[deg]48.27' W (NAD 83).
    (b) Effective Dates and Times. This safety zone is effective from 
8:15 p.m. (local) to 10:30 p.m. on July 4th, 2006. The Captain of the 
Port, Sector Lake Michigan, or the on scene Patrol Commander may 
terminate this event at anytime.
    (c) Regulations. In accordance with the general regulations in 
Sec.  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: June 22, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. E6-10392 Filed 6-30-06; 8:45 am]
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