[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Rules and Regulations]
[Pages 31181-31183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10906]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-07-013]
RIN 1625-AA00


Safety Zone, Kenosha Harbor, Kenosha, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone near 
Kenosha Harbor, Kenosha, Wisconsin. This zone is intended to control 
the movement of vessels on portions of Lake Michigan and Great Lakes 
Naval Training Center Harbor during the Spill of National Significance 
(SONS) exercise on June 19 and 20, 2007. This zone is necessary to 
protect the public from the hazards associated with ships and boats 
deploying oil containment equipment.

DATES: This rule is effective from June 19, 2007 through June 20, 2007.

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 [CGD09-07-013] and are available for inspection or 
copying at Coast Guard Sector Lake Michigan (spw), 2420 South Lincoln 
Memorial Drive, Milwaukee, WI 53207, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO Brad Hinken, Prevention 
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 
747-7154.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On April 23, 2007 we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone, Kenosha Harbor, Kenosha, WI in the Federal 
Register (72 FR 20089). We received no letters commenting on the 
proposed rule. No public meeting was requested and none was held.
    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 after 
publication in the Federal Register. Delaying this rule's effective 
date would be contrary to public interest. This rule is necessary in 
order to prevent traffic from transiting the waters during the SONS 
exercise and provide for the safety of life and property on navigable 
waters.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and people from hazards associated with numerous vessels 
deploying oil containment boom and conducting diving operations. Based 
on the experiences in other Captain of the Port zones, the Captain of 
the Port Lake Michigan has determined numerous vessels engaged in the 
deployment of oil containment boom in close proximity to watercraft 
pose significant risk to public safety and property. The likely 
combination of large numbers of recreation vessels and congested

[[Page 31182]]

waterways could result in serious injuries or fatalities. Establishing 
a safety zone to control vessel movement around the location of the 
SONS exercise will help ensure the safety of persons and property at 
these events and help minimize the associated risks.

Discussion of Comments

    The Coast Guard did not receive comments in response to the Notice 
of proposed rulemaking (NPRM) published in the Federal Register.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of 
vessels during the deployment and recovery of oil containment boom in 
conjunction with the SONS exercise. The safety zone will be enforced 
between 8 a.m. and 6 p.m. on June 19 and 20, 2007.
    The safety zone for the SONS exercise will encompass all waters of 
Lake Michigan 2,300 yards north of Kenosha Breakwater Light (Lightlist 
number 20430) and from the shoreline to 1,500 yards east Kenosha 
Breakwater Light (Lightlist number 20430) and bounded by a line with of 
point origin at 42[deg]36'29'' N, 087[deg]47'17'' W; then west to 
42[deg]36'29'' N, 087[deg]49'07'' W; then south along the shoreline to 
42[deg]35'19'' N, 087[deg]48'41'' W; then east, northeast to 
42[deg]35'24'' N, 087[deg]47'17'' W; then north to the point of origin 
(NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
representative. 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 or his designated on-scene representative 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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary.
    The Coast Guard will only enforce this safety zone for 10 hours a 
day on the two days specified. This safety zone has been designed to 
allow vessels to transit unrestricted to portions of the harbor not 
affected by the zone. The Captain of the Port will allow vessels to 
enter and depart Great Lakes Naval Training Center Harbor. The Coast 
Guard expects insignificant adverse impact to mariners from the 
activation of this 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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities: The owners of vessels intending to transit or anchor 
in a portion of Lake Michigan between 8 a.m. and 6 p.m. (local) on June 
19, 2007 and June 20, 2007. The safety 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 20 
hours. Vessel traffic can safely pass around the safety zone and enter 
and depart Kenosha Harbor.

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 this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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). 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 will 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 effect the 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 does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that this safety zone and fishing rights 
protection need not be incompatible. We have also determined that this 
Rule does not have tribal implications under Executive Order 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have

[[Page 31183]]

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. Nevertheless, Indian Tribes that have 
questions concerning the provisions of this Proposed Rule or options 
for compliance are encourage to contact the point of contact listed 
under FOR FURTHER INFORMATION CONTACT.

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 
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 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard has amended 
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, 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.T09-013 to read as follows:


Sec.  165.T09-013  Safety Zone, Kenosha Harbor, Kenosha, WI.

    (a) Location. The following area is a temporary safety zone: All 
waters of Lake Michigan 2,300 yards north of Kenosha Breakwater Light 
(Lightlist number 20430) and from the shoreline to 1,500 yards east 
Kenosha Breakwater Light (Lightlist number 20430) and bounded by a line 
with of point origin at 42[deg]36'29'' N, 087[deg]47'17'' W; then west 
to 42[deg]36'29'' N, 087[deg]49'07'' W; then south along the shoreline 
to 42[deg]35'19'' N, 087[deg]48'41'' W; then east, northeast to 
42[deg]35'24'' N, 087[deg]47'17'' W; then north to the point of origin 
(NAD 83).
    (b) Effective period. This regulation is effective from 8 a.m. 
(local) on June 19, 2007 to 6 p.m. (local) on June 20, 2007.
    (c) Enforcement Period. This regulation will be enforced from 8 
a.m. (local) to 6 p.m. (local) on June 19, 2007 and from 8 a.m. (local) 
to 6 p.m. (local) on June 20, 2007.
    (d) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port Lake Michigan, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Lake Michigan or his designated 
on-scene representative.
    (3) The ``on-scene 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 to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on-scene representative may be contacted via VHF Channel 
16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Lake Michigan or his on-
scene 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 Lake 
Michigan or his on-scene representative.

    Dated: May 16, 2007.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
 [FR Doc. E7-10906 Filed 6-5-07; 8:45 am]
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