[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Rules and Regulations]
[Pages 31415-31417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12395]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0140]
RIN 1625-AA00


Safety Zone; USA Triathlon; Milwaukee Harbor, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

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SUMMARY:  The Coast Guard is establishing a safety zone within 
Milwaukee Harbor, Milwaukee, Wisconsin. This safety zone is intended to 
restrict vessels from a portion of Milwaukee Harbor due to the 2013 and 
2014 Olympic and Sprint Distance National Championships. This safety 
zone is necessary to protect the surrounding public and vessels from 
the hazards associated with the 2013 and 2014 Olympic and Sprint 
Distance National Championships.

DATES: This final rule is effective from August 1, 2013, until August 
30, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0140. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact MST1 Joseph McCollum, Prevention Department, Coast Guard Sector 
Lake Michigan, Milwaukee, WI at (414) 747-7148 or by email at 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On March 29, 2013, The Coast Guard published a notice of proposed 
rulemaking entitled Safety Triathlon; Milwaukee Harbor; Milwaukee, WI 
in the Federal Register (2013-07281). We did not receive any comments 
in response to the proposed rule. No public meeting was requested and 
none was held.

B. Basis and Purpose

    The Olympic and Sprint Distance National Championships are 
scheduled to take place in Milwaukee, Wisconsin in August of 2013 and 
2014. These events are expected to attract 4000 participants each year. 
Participants will compete in a swim--as part of a triathlon 
competition--across both the Lakeshore inlet and the Discovery World 
Marina within Milwaukee Harbor. The swim portion of the National 
Championship is anticipated to occur on August 10 and 11, 2013, and on 
August 9 and 10, 2014. The Captain of the Port, Lake Michigan, has 
determined that the likelihood of transiting watercraft during the swim 
competition involving a large number of competitors presents a 
significant risk of serious injuries or fatalities.

C. Discussion of Comments, Changes and the Final Rule

    The Captain of the Port, Lake Michigan, has determined that a 
safety zone is necessary to mitigate the aforementioned safety risks. 
Thus, this rule establishes a safety zone that encompasses all waters 
of Milwaukee Harbor, including Lakeshore inlet and Discovery World 
Marina, west of a line across the entrance to the Discovery World 
Marina connecting 43[deg]02'15.1'' N, 087[deg]53'37.4'' W and 
43[deg]01'44.2'' N, 087[deg]53'44.6'' W (NAD 83).
    This rule will establish a safety zone within Milwaukee Harbor for 
the 2013 and 2014 calendar years. This rule will be effective from 
August 1, 2013, until August 30, 2014. Additionally, the Coast Guard 
anticipates that this safety zone will be enforced from 6:30 a.m. until 
11 a.m. on August 10 and 11, 2013. This 2013 enforcement schedule may 
change, and in the event of a change, the Captain of the Port, Lake 
Michigan, will establish an updated enforcement schedule with a Notice 
of Enforcement. Likewise, the Captain of the Port, Lake Michigan, will 
establish the 2014 enforcement schedule via a Notice of Enforcement.
    The Captain of the Port Lake Michigan will use all appropriate 
means to notify the public when the safety zone established by this 
rule will be enforced. Consistent with 33 CFR 165.7(a), such means may 
include, among other things, publication in the Federal Register, 
Broadcast Notice to Mariners, Local Notice to Mariners, or, upon 
request, by facsimile (fax).
    Entry into, transiting, or anchoring within these safety zones 
during the period of enforcement is prohibited unless authorized by the 
Captain of the Port, Lake Michigan, or his or her designated on-scene 
representative. The Captain of the Port, Lake Michigan, or his or her 
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of

[[Page 31416]]

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 (DHS). We conclude that this rule is not a significant 
regulatory action because we anticipate that it will have minimal 
impact on the economy, will not interfere with other agencies, will not 
adversely alter the budget of any grant or loan recipients, and will 
not raise any novel legal or policy issues. The safety zone created by 
this rule will be relatively small and enforced for relatively short 
time. Also, this safety zone is designed to minimize its impact on 
navigable waters. Furthermore, the safety zone has been designed to 
allow vessels to transit portions of the waterways not affected by the 
safety zones. Thus, restrictions on vessel movements within that 
particular area are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port, Lake Michigan. On the whole, the 
Coast Guard expects insignificant adverse impact to mariners from the 
activation of this safety zone.

2. Impact on 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 will affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor within the waters of the Discovery World 
Marina or Lakeshore inlet during two days in August of 2013 and 2014.

3. 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 process. If this 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in FOR FURTHER 
INFORMATION CONTACT section, above.
    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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 rule would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This rule would 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.

9. 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.

10. 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.

 11. 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.

 12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 determined 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of safety zones and 
thus, is categorically excluded under paragraph (34)(g) of the 
Instruction. An environmental analysis checklist

[[Page 31417]]

supporting this determination is 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.

    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; 46 U.S.C. Chapters 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. Add Sec.  165.T09-0140 to read as follows:


Sec.  165.T09-0140  Safety Zone; USA Triathlon, Milwaukee Harbor, 
Milwaukee, Wisconsin.

    (a) Location. All waters of Milwaukee Harbor, including Lakeshore 
inlet and Discovery World Marina, west of a line across the entrance to 
the Discovery World Marina connecting 43[deg]02'15.1'' N, 
087[deg]53'37.4'' W and 43[deg]01'44.2'' N, 087[deg]53'44.6'' W (NAD 
83).
    (b) Effective Period. This section is effective from August 1, 
2013, until August 30, 2014. This safety zone will be enforced for 
periods in August 2013 and 2014. The Captain of the Port, Lake 
Michigan, will establish an enforcement schedule via a Notice of 
Enforcement when the exact dates are known. The Captain of the Port, 
Lake Michigan, will also establish the 2014 enforcement schedule via a 
Notice of Enforcement.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  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 representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Lake Michigan is any Coast Guard commissioned, warrant or petty officer 
who has been his designated by the Captain of the Port, Lake Michigan 
to act on his behalf.
    (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.
    (5) The Captain of the Port, Lake Michigan 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: May 3, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-12395 Filed 5-23-13; 8:45 am]
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