[Federal Register Volume 80, Number 30 (Friday, February 13, 2015)]
[Rules and Regulations]
[Pages 7968-7970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03074]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0751]
RIN 1625-AA00


Safety Zone; Triathlon National Championships, Milwaukee Harbor, 
Milwaukee, Wisconsin

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone within Milwaukee 
Harbor in Milwaukee, Wisconsin. This zone is intended to restrict 
vessels from a portion of Milwaukee Harbor due to the 2015 Olympic and 
Sprint Distance National Championships. This safety zone is necessary 
to protect the surrounding public and vessels from the hazards 
associated with the 2015 Olympic and Sprint Distance National 
Championships.

DATES: This final rule is effective from August 1, 2015, until August 
30, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0751. 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 Cheryl Collins, 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 December 30, 2014, The Coast Guard published an NPRM entitled 
Safety Zone; Triathlon National Championships, Milwaukee Harbor, 
Milwaukee, Wisconsin in the Federal Register (79 FR 78369). 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 legal basis for this rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    In 2014, the Coast Guard was informed that the Olympic and Sprint 
Distance National Championships are scheduled to return to Milwaukee 
Harbor in 2015. Within and around Milwaukee Harbor at Lakeshore inlet, 
this event is expected to involve thousands of participants competing 
in a swim race surrounded by thousands of spectators. The swim portion 
of this event is anticipated to occur on three days during the second 
week of August, 2015. 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 the Marina at Pier 
Wisconsin, west of an imaginary line across the entrance to the Marina 
at Pier Wisconsin connecting coordinates 43[deg]02.253' N., 
087[deg]53.623' W. and 43[deg]01.737' N., 087[deg]53.727' W. (NAD 83).
    This rule will be effective from August 1, 2015, until August 30, 
2015. Additionally, the Coast Guard anticipates that this safety zone 
will be enforced from 10:30 a.m. until 2:30 p.m. on August 7; from 6:30 
a.m. until 4:30 p.m. on August 8, and from 6:30 a.m. until 11:30 a.m. 
on August 9, 2015. This 2015 enforcement schedule may change, and in 
the event of a change, the Captain of the Port Lake Michigan will issue 
a Notice of Enforcement with an updated enforcement schedule.
    The Captain of the Port Lake Michigan will notify the public that 
the zone in this rule is or will be enforced by all appropriate means 
to the affected segments of the public including publication in the 
Federal Register as practicable, in accordance with 33 CFR 165.7(a). 
Such means of notification may also 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 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 her designated on-scene representative. The Captain of

[[Page 7969]]

the Port Lake Michigan 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 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. Overall, we expect the 
economic impact of this rule to be minimal and that a full Regulatory 
Evaluation is unnecessary.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this rule would have 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 marina at Pier Wisconsin or 
Lakeshore inlet during the times in which the safety zone is enforced 
in August of 2015.
    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 during the month of August; 
further, 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.

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. 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 a safety zone and 
thus, is categorically excluded under paragraph (34)(g) of the 
Instruction. An environmental analysis checklist

[[Page 7970]]

supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
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 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.T09-0751 to read as follows:


Sec.  165.T09-0751  Safety Zone; Triathlon National Championships, 
Milwaukee Harbor, Milwaukee, Wisconsin.

    (a) Location. The safety zone will encompass all waters of 
Milwaukee Harbor, including Lakeshore inlet and the marina at Pier 
Wisconsin, west of an imaginary line across the entrance to the Marina 
at Pier Wisconsin connecting coordinates 43[deg]02.253' N, 
087[deg]53.623' W and 43[deg]01.737' N, 087[deg]53.727' W (NAD 83).
    (b) Effective period. This safety zone is effective from August 1, 
2015, until August 30, 2015. The Coast Guard anticipates that this 
safety zone will be enforced from 10:30 a.m. until 2:30 p.m. on August 
7; from 6:30 a.m. until 4:30 p.m. on August 8, and from 6:30 a.m. until 
11:30 a.m. on August 9, 2015. This 2015 enforcement schedule may 
change, and in the event of a change, the Captain of the Port Lake 
Michigan will issue a Notice of Enforcement with an updated enforcement 
schedule.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  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 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 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 on 
her behalf. The Captain of the Port Lake Michigan 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 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 her on-scene representative.

    Dated: January 30, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-03074 Filed 2-12-15; 8:45 am]
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