[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Rules and Regulations]
[Pages 42016-42018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16807]



[[Page 42016]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0326]
RIN 1625-AA00


Safety Zone; Discovery World Fireworks, Milwaukee Harbor, 
Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within 
Milwaukee Harbor, Milwaukee, Wisconsin. This zone is intended to 
restrict vessels from a portion of Milwaukee Harbor due to 4 fireworks 
displays at Discovery World Pier. This safety zone is necessary to 
protect the surrounding public and vessels from the hazards associated 
with these fireworks displays.

DATES: This rule will be enforced with actual notice from July 10, 
2013, until July 15, 2013. This rule is effective in the Code of 
Federal Regulations from July 15, 2013 until October 5, 2013. This rule 
will be enforced at the dates and times listed in the ``Discussion of 
Comments, Changes, and the Final Rule'' section that follows.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0326. 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 
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard 
Sector Lake Michigan, at 414-747-7148 or [email protected]. If 
you have questions on viewing 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 May 17, 2013, the Coast Guard published a notice of proposed 
rulemaking entitled, ``Safety Zone; Discovery World Fireworks, 
Milwaukee Harbor, Milwaukee, Wisconsin'' in the Federal Register (78 FR 
29086). We received 0 comments on the proposed rule. No public meeting 
was requested, and none was held.
    The Coast Guard finds that good cause exists under 5 U.S.C. 
553(d)(3), for making this rule effective less than 30 days after 
publication in the Federal Register. Waiting for a 30 day notice period 
to run would be impracticable and contrary to the public interest 
because the Coast Guard did not receive the necessary information in 
time for this regulation to undertake both an NPRM and a 30 day delayed 
effective date. The Coast Guard chose to seek public comment in the 
time that remained. Additionally, undergoing a 30 day delayed effective 
date would inhibit the Coast Guard's ability to protect spectators and 
vessels from the hazards associated with a maritime fireworks display, 
which are discussed further below.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas: 33 
U.S.C. 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, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    Bartolotta Catering Company has informed the Coast Guard of 4 
fireworks displays planned for 2013. These displays are scheduled for 
July 10; August 3 and 22; and October 5. Each display is expected to 
involve fireworks no larger than 4'' in size and will be fired from the 
same location on Discovery World Pier. The Captain of the Port, Lake 
Michigan, has determined that the likelihood of transiting watercraft 
during the fireworks displays presents a significant risk of serious 
injuries or fatalities. The safety risks associated with these displays 
include falling debris, accidental detonations, and the spread of fire 
among spectator vessels.

C. Discussion of Comments, Changes, and the Final Rule

    No comments were received and no changes were made. 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, within 
the arc of a circle with a 300-foot radius from the fireworks launch 
site located in approximate position 43[deg]02'10.7'' N, 
087[deg]53'37.5'' W (NAD 83).
    This safety zone is effective from July 10, 2013, until October 5, 
2013. This safety zone will be enforced from 9 p.m. until 11 p.m. on 
July 10; August 3 and 22; and October 5, 2013.
    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.

D. Regulatory Analyses

    We developed this temporary 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 rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. 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 
small and enforced for only two hours on a given day. Under certain 
conditions, moreover, vessels may still transit through the safety zone 
when permitted by the Captain of the Port.

2. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. The Coast Guard 
certifies under 5 U.S.C.

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605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities. 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 might be small entities: The 
owners or operators of vessels intending to transit or anchor in a 
portion of Lake Michigan in Milwaukee Harbor during the times when this 
rule is enforced.
    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 vicinity of the Discovery 
World Marina or Lakeshore inlet during the times that this zone is 
enforced.
    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 enforced for a limited time on 4 days. This safety zone 
has been designed to allow traffic to pass safely around the zone 
whenever possible and vessels will be allowed to pass through the zone 
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 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 rule. 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 the person listed in the 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 will not call for a 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 rule under that Order and determined 
that this rule 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 will 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 will 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.

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 From Environmental Health Risks

    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 may 
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 that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone and, 
therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
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 record 
keeping requirements, Security measures, Waterways.


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    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. 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. Add Sec.  165.T09-0326 to read as follows:


Sec.  165.T09-0326  Safety Zone; Discovery World Fireworks, Milwaukee 
Harbor, Milwaukee, Wisconsin.

    (a) Location. All waters of Milwaukee Harbor, including Lakeshore 
inlet and Discovery World Marina, within the arc of a circle with a 
300-foot radius from the fireworks launch site located in approximate 
position 43[deg]02'10.7'' N, 087[deg]53'37.5'' W (NAD 83).
    (b) Effective Period. This safety zone will be effective from July 
10, 2013, until October 5, 2013. This safety zone will be enforced from 
9 p.m. until 11 p.m. on July 10; August 3 and 22; and October 5, 2013.
    (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 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 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. 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: July 1, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-16807 Filed 7-12-13; 8:45 am]
BILLING CODE 9110-04-P