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Safety Zone; Indian Summer Festival 2001, Milwaukee, Wisconsin
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 16, 2001 (Volume 66, Number 159)]
[Rules and Regulations]
[Page 42946-42948]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au01-7]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-01-110]
RIN 2115-AA97
Safety Zone; Indian Summer Festival 2001, Milwaukee, Wisconsin
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
Port Washington harbor for the Indian Summer Festival 2001 fireworks
display. This safety zone is necessary to protect spectators and
vessels from the hazards associated with the storage, preparation, and
launching of fireworks. This safety zone is intended to restrict vessel
traffic from a portion of the Milwaukee harbor, Milwaukee, Wisconsin.
DATES: This temporary rule is effective from 9:45 p.m. (CST) on
September 7, 2001, until 10:15 p.m. (CST) on September 9, 2001.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD09-01-110]
and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office Milwaukee, 2420 South
Lincoln Memorial Drive, Milwaukee, WI 53207 between 7 a.m. and 3:30
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Timothy Sickler, Port Operations
Chief, Marine Safety Office Milwaukee, 2420 South Lincoln Memorial
Drive, Milwaukee, WI 53207. The phone number is (414) 747-7155.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The permit application did not
allow sufficient time for publication of an NPRM followed by a
temporary final rule effective 30 days after publication. Any delay of
the effective date of this rule would be contrary to the public
interest by exposing the public to the known dangers associated with
fireworks displays and the possible loss of life, injury, and damage to
property.
Background and Purpose
This safety zone is established to safeguard the public from the
hazards associated with launching of fireworks from Harbor Island in
the outer Milwaukee Harbor. The size of the zone was determined by
using previous experiences with fireworks displays in the Captain of
the Port Milwaukee zone and local knowledge about wind, waves, and
currents in this particular area.
The safety zone will be in effect on both September 7 and 8, 2001,
from 9:45 p.m. until 10:45 p.m. (CST). The safety zone will encompass
all waters of Lake Michigan bounded by the following coordinates: from
the point of origin at 43 deg. 02.209'N, 087 deg. 53.714'W, southeast
to 43 deg. 02.117'N, 087 deg. 53.417'W, south to 43 deg. 01.767'N,
087 deg. 53.417'W, southwest to 43 deg. 01.555'N, 087 deg. 53.772'W,
and then north along the shoreline back to the point of origin. This
also includes the Harbor Island Lagoon area.
All persons and vessels shall comply with the instructions of the
Captain of the Port Milwaukee or his designated on scene patrol
personnel. Entry into, transiting, or anchoring within the safety zone
is prohibited unless authorized by the Captain of the Port Milwaukee or
his designated on scene representative. The Captain of the Port
Milwaukee may be contacted via VHF Channel 16.
[[Page 42947]]
Regulatory Evaluation
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 Transportation
(DOT) (44 FR 11040, February 26, 1979).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities: the owners or
operators of vessels intending to transit or anchor in the vicinity of
Harbor Island in Milwaukee's outer harbor from 9:45 p.m. until 10:45
p.m. (CST) on both September 7 and 8, 2001.
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 in effect for only one hour on two days and late in the
day when vessel traffic is minimal. Vessel traffic may enter or transit
through the safety zone with the permission of the Captain of the Port
Milwaukee or his designated on scene representative. Before the
effective period, we will issue maritime advisories widely available to
users of Port Washington harbor.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. 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 Marine Safety Office Milwaukee
(See ADDRESSES.)
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).
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).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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 does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1, paragraph (34) (g), of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation.
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.
Energy Effects
We have analyzed this 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. From 9:45 p.m. on September 7, 2001, until 10:15 p.m. (CST) on
September 9, 2001, add a new temporary Sec. 165.T09-990 to read as
follows:
Sec. 165.T09-990 Safety Zone: Milwaukee Harbor, Milwaukee, WI.
(a) Location. All waters of the Milwaukee Harbor encompassed by the
following coordinates: from the point of origin at 43 deg. 02.209'N,
087 deg. 53.714'W, southeast to 43 deg. 02.117'N, 087 deg. 53.417'W,
south to 43 deg. 01.767'N, 087 deg.
[[Page 42948]]
53.417' W, southwest to 43 deg. 01.555'N, 087 deg. 53.772'W, and then
north along the shoreline back to the point of origin. This includes
the Harbor Island Lagoon area. All geographic coordinates are North
American Datum of 1983 (NAD83).
(b) Enforcement times and dates. This section will be enforced from
9:45 p.m. until 10:45 p.m. on both September 7 and 8, 2001. In the
event of inclement weather, the safety zone will be enforced on
September 9, 2001 from 9:15 p.m. until 10:15 p.m.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port Milwaukee or the designated on
scene patrol personnel. Coast Guard patrol personnel include
commissioned, warrant or petty officers of the U.S. Coast Guard. Upon
being hailed by a U.S. Coast Guard vessel via siren, radio, flashing
light, or other means, the operator shall proceed as directed.
(3) This safety zone should not adversely effect shipping. However,
commercial vessels may request permission from the Captain of the Port
Milwaukee to enter or transit the safety zone. Approval will be made on
a case-by-case basis. Requests must be in advance and approved by the
Captain of the Port Milwaukee before transits will be authorized. The
Captain of the Port Milwaukee may be contacted via U.S. Coast Guard
Group Milwaukee on Channel 16, VHF-FM.
Dated: August 07, 2001.
M.R. DeVries,
Commander, U.S. Coast Guard, Captain of the Port, Milwaukee, Milwaukee,
Wisconsin.
[FR Doc. 01-20636 Filed 8-15-01; 8:45 am]
BILLING CODE 4910-15-U