[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Proposed Rules]
[Pages 19307-19310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8475]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0225]
RIN 1625-AA00


Safety Zone; Milwaukee Air and Water Show, Milwaukee, Lake 
Michigan, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on Lake Michigan near Bradford Beach in Milwaukee, Wisconsin. This zone 
is intended to restrict vessels from a portion of Lake Michigan due to 
a large-scale air show and a fireworks display. This proposed safety 
zone is necessary to protect the surrounding public and their vessels 
from the hazards associated with a large-scale air show and fireworks 
display.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 14, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0225 using any one of the following methods:

[[Page 19308]]

    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Petty Officer Adam Kraft, U.S. Coast Guard Sector 
Lake Michigan; telephone 414-747-7154, e-mail [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0225), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0225'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0225'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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 temporary safety zone is necessary to ensure the safety of the 
public and vessels from the hazards associated with the Milwaukee Air 
and Water Show. The Captain of the Port, Sector Lake Michigan, has 
determined that the Milwaukee Air and Water Show presents significant 
risks to public safety and property. The likely combination of 
congested waterways and a large-scale Air show and fireworks display 
could easily result in serious injuries or fatalities. Last year this 
event occurred with the same proposed safety zone in effect. The zone 
provided a safe environment for the public to enjoy a large-scale air 
show. This year they will be adding a short 15 minute fireworks show to 
the end of the air show, occurring on Friday, June 11, 2010.

Discussion of Proposed Rule

    The proposed rule and associated safety zone is necessary to ensure 
the safety of vessels and people during the Milwaukee Air and Water 
show. The safety zone is a 4,000 yard by 1,000 yard rectangle located 
on Lake Michigan, parallel to Bradford Beach in Milwaukee, Wisconsin. 
The safety zone will encompass all U.S. waters of Lake Michigan bound 
by a line drawn from 43[deg]02'57'' N, 087[deg]52'53'' W; then north to 
43[deg]04'40'' N, 087[deg]51'29'' W; then east to 43[deg]04'33'' N, 
087[deg]51'12'' W; then south to 43[deg]02'50'' N, 087[deg]52'36'' W; 
then west returning to the point of origin (NAD 83). The proposed 
safety zone will be enforced only immediately before, during, and 
immediately after the event and only upon notice by the Captain of the 
Port, Sector Lake Michigan. The Captain of the Port, Sector Lake 
Michigan, will use all appropriate means to notify the public when the 
safety zone will be enforced, including publication in the Federal 
Register in accordance with 33 CFR 165.7(a). Means of notification may 
also include Broadcast Notice to Mariners or Local Notice to Mariners. 
The Captain of the Port, Sector Lake Michigan, will issue a Broadcast 
Notice to Mariners notifying the public when enforcement of the safety 
zone established by this section is cancelled.
    All persons and vessels shall comply with the instructions of the 
Captain of the Port, Sector Lake Michigan, or his or her designated on-
scene representative. Entry into, transiting, or anchoring within the 
safety zone is prohibited unless authorized by the Captain of the Port, 
Sector Lake Michigan, or his or her

[[Page 19309]]

designated on-scene representative. The Captain of the Port, Sector 
Lake Michigan, or his or her designated on-scene representative may be 
contacted via VHF Channel 16.
    The Coast Guard expects this temporary final rule will be effective 
less than 30 days after publication in the Federal Register because 
delaying the effective date would be contrary to the public interest 
due to the need to protect the public from the dangers associated with 
fireworks displays.

Regulatory Analyses

    We developed this proposed 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 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.
    This is not a significant regulatory action because the safety zone 
will be in effect for a minimal amount of time. Plus, vessels may still 
transit the area with the permission of the Captain of the Port, Sector 
Lake Michigan, or his or her designated on-scene representative.

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 rule will affect the following entities, 
some of which might be small entities: The owners or operators of 
vessels intending to transit or anchor, between 12:01 a.m. on June 10, 
2010 through 11:59 p.m. on June 13, 2010, in the portion of Lake 
Michigan within the safety zone established below.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone will be in effect for only a few days and enforced for only 
a few hours. Plus, vessels may still transit through the zone with the 
permission of the Captain of the Port, Sector Lake Michigan, or his or 
her designated on-scene representative. Moreover, the Coast Guard will 
give notice to the public that the regulation is in effect and when it 
will be enforced.
    If you think that 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 Petty Officer Adam Kraft, 
Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI 
at (414)747-7154. 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 (adjusted for 
inflation) 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 proposed rule would not cause 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 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.

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.

[[Page 19310]]

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 Department of Homeland 
Security Management Directive 023-01 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 
made a preliminary determination that this action is one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under ADDRESSES. This proposed rule involves 
establishing a temporary safety zone around the air show and fireworks 
display and is therefore expected to be categorically excluded, under 
section 2.B.2. Figure 2-1, paragraph 34(g), of the Instruction. 
Comments on this section will be considered before we make the final 
decision on whether this proposed rule should be categorically excluded 
from further environmental review. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

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, 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.

    2. Add Sec.  165.T09-0225 to read as follows:


Sec.  165.T09-0225  Safety Zone; Milwaukee Air and Water Show, Lake 
Michigan, Milwaukee, WI

    (a) Location. The following area is a temporary safety zone: A 
4,000 yard by 1,000 yard rectangle located on Lake Michigan, parallel 
to Bradford Beach in Milwaukee, Wisconsin. The safety zone will 
encompass all U.S. waters of Lake Michigan bound by a line drawn from 
43[deg]02'57'' N, 087[deg]52'53'' W; then north to 43[deg]04'40'' N, 
087[deg]51'29'' W; then east to 43[deg]04'33'' N, 087[deg]51'12'' W; 
then south to 43[deg]02'50'' N, 087[deg]52'36'' W; then west returning 
to the point of origin (NAD 83).
    (b) Effective period. This regulation is effective from 12:01 a.m. 
on June 10, 2010 through 11:59 p.m. on June 13, 2010. It will be 
enforced between noon and 4 p.m. on June 10, 2010, between the hours of 
2:30 p.m. and 9:30 p.m. on June 11, 2010, and again between the hours 
of 9 a.m. and 5 p.m. on June 12 and 13, 2010. The Captain of the Port, 
Sector Lake Michigan, or his or her on-scene representative may 
terminate this operation at anytime.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring in 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Sector Lake Michigan, or his or her designated on-scene 
representative.
    (2) This safety zone is closed to all vessel traffic except as 
permitted by the Captain of the Port, Sector Lake Michigan, or his or 
her designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Lake Michigan, is any Coast Guard commissioned, warrant, or 
petty officer who has been designated by the Captain of the Port, 
Sector Lake Michigan, to act or his or her behalf. The on-scene 
representative of the Captain of the Port, Sector Lake Michigan, will 
be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The 
Captain of the Port, Sector Lake Michigan, or his or her 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, Sector Lake Michigan, or 
his or her designated 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, Sector Lake Michigan, or his or her on-scene 
representative.

    Dated: April 1, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-8475 Filed 4-13-10; 8:45 am]
BILLING CODE 9110-04-P