[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Proposed Rules]
[Pages 32318-32321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13928]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0443]
RIN 1625-AA00


Safety Zone; Nighttime Air Show, Milwaukee Harbor; Milwaukee, 
Wisconsin

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone within 
Milwaukee Harbor in Milwaukee, Wisconsin. This zone is intended to 
restrict vessels from a portion of Milwaukee Harbor due to an air show. 
This proposed safety zone is necessary to protect the surrounding 
public and vessels from the hazards associated with the air show.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 8, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0443 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) 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.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

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 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

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-2015-0443), 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 online, 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the

[[Page 32319]]

``Document Type'' drop down menu select ``Proposed Rule'' and insert 
``USCG-2015-0443'' 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.

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, 
type the docket number USCG-2015-0443 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. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

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. 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.

B. Regulatory History and Information

    On February 18, 2015, the Coast Guard published a Final Rule 
entitled Safety Zones; Annual Events Requiring Safety zones in the 
Captain of the Port Lake Michigan Zone in the Federal Register (80 FR 
8536). This final rule included a safety zone for the daytime operation 
of the Milwaukee Air and Water Show in the vicinity of McKinley Park in 
Table 165.929(f)(2).

C. Basis and Purpose

    The legal basis for the 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 May of 2015 the Coast Guard confirmed through the sponsors of 
the Milwaukee Air and Water Show that an additional air show will be 
added to the show this year. This additional show, expected to consist 
of maneuvering aircraft and parachuters, is scheduled to occur over a 
different location and at a differing time than the daytime air show. 
This night show is expected to occur over the waters of Milwaukee 
Harbor in the vicinity of Lakeshore State Park. The night show is 
expected to occur between 6 p.m. and 10 p.m. on July 25, 2015. This 
nighttime air show is expected to draw a large group of waterborne 
spectators. The Captain of the Port Lake Michigan has determined that 
the likelihood of transiting vessels in the waters over which the 
nighttime air show participants will fly presents a significant risk of 
serious injuries or fatalities. Such hazards include flaming debris 
from dropped flares, and falling aircraft.

D. 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 a safety zone that encompasses all 
waters of Milwaukee Harbor in the vicinity of Lakeshore State Park 
within an area bounded by the following coordinates, beginning at 
43[deg]02.547'N., 087[deg]53.478'W., then southeast to 
43[deg]02.478'N., 087[deg]52.877'W., then southwest to 
43[deg]01.493'N., 087[deg]53.104'W., then northwest to 
43[deg]01.564'N., 087[deg]53.697'W., then northwest returning to the 
point of origin (NAD 83).
    This proposed rule will be effective from July 23, 2015 until July 
26, 2015. This proposed rule would be enforced from 6 p.m. until 10 
p.m. on each day from July 24, 2015 until July 26, 2015.
    The Captain of the Port Lake Michigan will notify the public that 
the zone in this proposed rule is or will be enforced 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 the 
Port Lake Michigan or her designated on-scene representative may be 
contacted via VHF Channel 16.

E. 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. Overall, we expect 
the economic impact of this proposed 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 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 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 the waters 
of Milwaukee Harbor in Milwaukee,

[[Page 32320]]

Wisconsin during the times in which the safety zone is enforced in July 
of 2015.
    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 during 
the month of July; this proposed 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 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 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 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 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 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

    This proposed rule 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 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 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

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.T09-0443 to read as follows:


Sec.  165.T09-0443  Safety Zone; Nighttime Air Show, Milwaukee Harbor, 
Milwaukee, Wisconsin.

    (a) Location. This zone will encompass all waters of Milwaukee 
Harbor in the vicinity of Lakeshore State Park within an area bounded 
by the following coordinates, beginning at 43[deg]02.547' N., 
087[deg]53.478' W., then southeast to 43[deg]02.478' N., 
087[deg]52.877' W., then southwest to 43[deg]01.493' N.,

[[Page 32321]]

087[deg]53.104' W., then northwest to 43[deg]01.564' N., 
087[deg]53.697' W., then northwest returning to the point of origin 
(NAD 83).
    (b) Effective period. This proposed rule will be effective from 
July 23, 2015 until July 26, 2015. This proposed rule would be enforced 
from 6 p.m. until 10 p.m. on each day from July 24, 2015 until July 26, 
2015.
    (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: May 19, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-13928 Filed 6-5-15; 8:45 am]
 BILLING CODE 9110-04-P