[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Rules and Regulations]
[Pages 54684-54686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22128]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0914]
RIN 1625-AA00


Safety Zone; Milwaukee River Challenge, Milwaukee River, 
Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Milwaukee River, Milwaukee, WI. This zone is intended to restrict 
vessels from a portion of the Milwaukee River during the Milwaukee 
River Challenge on September 20, 2008. This temporary safety zone will 
establish restrictions upon, and control the movement of, vessels in a 
specified area immediately prior to, during, and immediately after the 
regatta.

DATES: This regulation is effective from 9 a.m. to 5 p.m. on September 
20, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0914 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: The Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and U.S. Coast 
Guard Sector Lake Michigan, 2420 South Lincoln Memorial Drive, 
Milwaukee, Wisconsin 53207 between 9:30 a.m. and 2 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MST2 Eric Vogel, Prevention 
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 
747-7154. If you have questions on viewing the docket, call Renee V. 
Wright, Program Manager, Docket Operations, telephone (202) 366-9826.

[[Page 54685]]


SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under Section 
4(a) of the Administrative Procedures Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because immediate action is necessary to 
ensure the safety of commercial and recreational vessels in the 
vicinity of the regatta on the date and times this rule will be in 
effect and delay would be contrary to the public interest. Under 5 
U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register. 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 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.

Background and Purpose

    This temporary zone is necessary to ensure the safety of vessels 
and participants from the hazards associated with the operation of 
rowing race boats in a confined waterway. Based on the potential vessel 
traffic and the presence of small rowing vessels the Captain of the 
Port Lake Michigan has determined that racing rowing boats in presence 
of normal vessel traffic poses a significant risk to public safety and 
property. The likely combination of rowing vessels operating near large 
towing vessels and recreational vessels operating at high speeds could 
result in collisions that may cause serious injuries or fatalities. 
Establishing a safety zone to control vessel movement in the location 
of the race course will help ensure the safety of persons and property 
at this event and help minimize the associated risk.

Discussion of Rule

    A temporary safety zone is necessary to ensure safety of life on 
the navigable waters immediately prior to, during, and immediately 
after the Milwaukee River Challenge. This proposed rule will establish 
restrictions upon and control the movement of vessels through a portion 
of the Milwaukee River immediately prior to, during, and immediately 
after the Milwaukee River Challenge.
    The Captain of the Port will cause notice of enforcement of the 
regulation established by this section to be made by all appropriate 
means to the affected segments of the public. Such means of 
notification will include, but is not limited to, Broadcast Notice to 
Mariners and Local Notice to Mariners. The Captain of the Port will 
issue a Broadcast Notice to Mariners notifying the public when 
enforcement of the regulation is terminated.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    This expectation is based on the minimal time that vessels will be 
restricted from the zone in an area where the Coast Guard expects 
insignificant adverse impact to mariners from the zones' activation.

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 may be 
small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of Milwaukee River between 9 a.m. to 5 
p.m. on September 20, 2008.
    This safety zone will 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 eight hours on September 20, 2008. In 
the event that this temporary safety zone affects shipping, commercial 
vessels may request permission from the Captain of the Port Lake 
Michigan to transit through the safety zone. The Coast Guard will give 
notice to the public via a Broadcast to Mariners that the regulation is 
in effect.

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). 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 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

[[Page 54686]]

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 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 rule under Department of Homeland Security 
Management Directive 5100.1 and Commandant Instruction M16475.lD, 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 
under the Instruction 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 ``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, 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, 3306, 
3703; 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. A new temporary Sec.  165.T09-0914 is added as follows:


Sec.  165.T09-0914  Safety zone; Milwaukee River Challenge, Milwaukee 
River, Milwaukee, WI.

    (a) Location. The following area is a temporary safety zone: All 
waters of the Milwaukee River from the junction with the Menomonee 
River at position 43[deg]01'55'' N, 087[deg]54'40'' W to the Humboldt 
Avenue Bridge at position 43[deg]03'25'' N, 087[deg]53'53'' W. All 
waters of the Menomonee River from the Twenty-fifth St. Bridge at 
position 43[deg]01'58'' N, 087[deg]56'41'' W to the junction with the 
Milwaukee River. (DATUM: NAD 83).
    (b) Effective period. This regulation is effective from 9 a.m. to 5 
p.m. on September 20, 2008.
    (c) 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 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 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.
    (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. The Captain of the 
Port or his on-scene representative may be contacted via VHF Channel 
16. 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: August 27, 2008.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E8-22128 Filed 9-22-08; 8:45 am]
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