[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Proposed Rules]
[Pages 41009-41012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16391]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0501]
RIN 1625-AA00


Safety Zone; National Governors Association, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish two safety zones in 
Milwaukee, Wisconsin for the 2013 National Governors Association summer 
meeting. The first zone is intended to restrict vessels from a portion 
of Milwaukee Harbor; the second zone is intended to restrict vessels 
from a portion of the Menomonee River. These two proposed safety zones 
are necessary to protect the public and transiting vessels from the 
hazards associated with the anticipated congregation of spectator, 
volunteer, and government vessels in these areas. The proposed safety 
zones are also necessary to protect the public from the hazards 
associated with a fireworks display.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 8, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0501 using any one of the following methods:
    (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 email Petty Officer Joseph McCollum, U.S. Coast Guard 
Sector Lake Michigan; telephone 414-747-7148, email 
[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

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-0501), 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 at, http://www.regulations.gov or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment 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 email 
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, 
type the docket number USCG-2013-0501 in the ``SEARCH'' box and click 
``SEARCH.'' Click on the ``submit a comment'' box, which will then 
become highlighted in blue. 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.

2. 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 ``SEARCH'' box insert ``USCG-2013-0501'' 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.

3. 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).

4. 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.

[[Page 41010]]

B. Basis and Purpose

    The National Governors Association will hold its 2013 meeting in 
Milwaukee, WI. This meeting is expected to bring large gatherings of 
officials, volunteers, and spectators to locations within and around 
the city of Milwaukee. As part of this event, a fireworks show is 
planned within Milwaukee Harbor. The Captain of the Port, Lake 
Michigan, has determined that the likelihood of transiting watercraft 
and congestion of vessels in the affected waterways, along with a 
fireworks display presents significant safety risks. These risks 
include collisions among spectators and transiting local watercraft as 
well as falling debris, accidental detonations, and the spread of fire 
among spectator vessels.

C. Discussion of Proposed Rule

    The Captain of the Port, Lake Michigan, has determined that a 
safety zone is necessary to mitigate the aforementioned safety risks. 
Thus, this proposed rule establishes two safety zones. The first safety 
zone encompasses all waters of Milwaukee Harbor, including Lakeshore 
inlet and Discovery World Marina, within a rectangle with coordinates 
beginning at 43[deg]02'22.8'' N, 087[deg]53'46.4'' W then east to 
43[deg]02'22.4'' N, 087[deg]53'22.5'' W, then southwest to 
43[deg]01'59.8'' N, 087[deg]53'27.4'' W, then west to 43[deg]02'02.1'' 
N, 087[deg]53'50.8'' W, then northeast along shore to the point of 
origin (NAD 83). The second safety zone encompasses all waters and 
branches of the Menomonee River from the North Plankinton Avenue Bridge 
in position 43[deg]01'57.4'' N, 087[deg]54'44.8'' W then west to an 
imaginary line running north and south along 6th street.
    This proposed rule will be effective from August 1, 2013, until 
August 5, 2013. This safety zone will be enforced between August 1 and 
August 5, 2013.
    The Captain of the Port Lake Michigan will use all appropriate 
means to notify the public that the zones in this proposal will be 
enforced, in accordance with 33 CFR 165.7(a). Such means of notice may 
include, but are not limited to, Broadcast Notice to Mariners or Local 
Notice to Mariners.
    All persons and vessels shall comply with the instructions of the 
Captain of the Port, 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, 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 proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes and executive orders.

1. 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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS). We conclude that this proposed 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 zones 
established by this proposed rule will be relatively small. Also, the 
safety zones are designed to minimize impact on navigable waters. 
Furthermore, the safety zones have been designed to allow vessels to 
transit unrestricted to portions of the waterways not affected by the 
safety zones. Thus, restrictions on vessel movements within the 
affected areas are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through the safety zones when 
permitted by the Captain of the Port. On the whole, the Coast Guard 
expects insignificant adverse impact to mariners from the activation of 
these safety zones.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulkemaking. 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 proposed 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 a portion of Milwaukee Harbor 
and/or a portion of the Menomonee River during the times that these 
zones are enforced.
    This proposed safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: This proposed rule will be enforced for a limited time on 5 
days. These proposed safety zones have been designed to allow traffic 
to pass safely around the zones whenever possible and vessels will be 
allowed to pass through the zones with the permission of the Captain of 
the Port. If you think that your business, organization, or 
governmental jurisdiction qualifies as a small entity and that this 
proposed 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.

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 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 Joseph McCollum, 
Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI 
at (414) 747-7148. 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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that this proposed rule does not have implications for 
federalism.

[[Page 41011]]

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

8. Taking of Private Property

    This proposed 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 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.

10. Protection of Children from Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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 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.

12. 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.

13. 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.

14. 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. An environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under ADDRESSES. This proposed rule involves the 
establishment of a safety zone and is therefore categorically excluded 
under figure 2-1, paragraph 34(g) of the Instruction. 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 
recordkeeping 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

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.T09-0501 to read as follows:


Sec.  165.T09-0501  Safety Zone; National Governors Association, 
Milwaukee, WI.

    (a) Location. The following are safety zones:
    (1) All waters of Milwaukee Harbor, including Lakeshore inlet and 
Discovery World Marina, within a rectangle with coordinates beginning 
at 43[deg]02'22.8'' N, 087[deg]53'46.4'' W then east to 
43[deg]02'22.4'' N, 087[deg]53'22.5'' W, then southwest to 
43[deg]01'59.8'' N, 087[deg]53'27.4'' W, then west to 43[deg]02'02.1'' 
N, 087[deg]53'50.8'' W, then northeast along shore to the point of 
origin (NAD 83).
    (2) All waters and branches of the Menomonee River from the North 
Plankinton Avenue Bridge in position 43[deg]01'57.4'' N, 
087[deg]54'44.8'' W then west to an imaginary line running north and 
south along 6th street.
    (b) Effective Period. This safety zone will be effective and 
enforced from August 1, 2013, until August 5, 2013. Specific times 
during which these safety zones will be enforced will be provided by 
Broadcast Notice to Mariners and/or actual notice from the Captain of 
the Port's on-scene representative.
    (c) Definitions. The following definitions apply to this section:
    (1) ``On-scene Representative'' means any Coast Guard Commissioned, 
warrant, or petty officer designated by the Captain of the Port, Lake 
Michigan to monitor a safety zone, permit entry into the zone, give 
legally enforceable orders to persons or vessels within the zones, and 
take other actions authorized by the Captain of the Port.
    (2) ``Public vessel'' means vessels owned, chartered, or operated 
by the United States, or by a State or political subdivision thereof.
    (d) Regulations.

[[Page 41012]]

    (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, 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, Lake Michigan, or his or her 
designated on-scene 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 designated by the Captain of the Port, Lake 
Michigan, to act or his or her behalf. The Captain of the Port, 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, 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, Lake Michigan, or his or her on-scene representative.
    (e) Exemptions. Public vessels, as defined in paragraph (c) of this 
section, are exempt from the requirements in this section.

    Dated: June 24, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-16391 Filed 7-8-13; 8:45 am]
BILLING CODE 9110-04-P