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Safety Zone; Firstar Fireworks Display, Milwaukee Harbor
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 2, 2001 (Volume 66, Number 127)]
[Rules and Regulations]
[Page 34836-34838]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy01-23]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-01-074]
RIN 2115-AA97
Safety Zone; Firstar Fireworks Display, Milwaukee Harbor
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Firstar fireworks display on July 3, 2001. This safety zone is
necessary to control vessel traffic within the immediate vicinity of
the fireworks launch site and to ensure the safety of life and property
during the event. This safety zone is intended to restrict vessel
traffic from a portion of Milwaukee Harbor.
DATES: This temporary final rule is effective from 9:25 p.m. on July 3,
2001, until 10 p.m. on July 3, 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 [CGD09-01-046]
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, and under 5 U.S.C. 553(d)(3),
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. The permit application was
not received in time to publish an NPRM followed by a final rule before
the necessary effective date. Delaying this rule would be contrary to
the public interest of ensuring the safety of spectators and vessels
during this event and immediate action is necessary to prevent possible
loss of life or property. The Coast Guard has not received any
complaints or negative comments previously with regard to this event.
Background and Purpose
A temporary safety zone is necessary to ensure the safety of
vessels and spectators from the hazards associated with fireworks
displays. Based on recent accidents that have occurred in other Captain
of the Port zones, and the explosive hazard of fireworks, the Captain
of the Port Milwaukee has determined firework launches in close
proximity to watercraft pose significant risks to public safety and
property. The likely combination of large numbers of recreational
vessels, congested waterways, darkness punctuated by bright flashes of
light, alcohol use, and debris falling into the water could easily
result in serious injuries or fatalities. Establishing a safety zone to
control vessel movement around the location of the launch platforms
will help ensure the safety of person and property at these events and
help minimize the associated risk.
The safety zone will be in effect on July 3 and 4, 2001, from 9:25
p.m. (CST) until 10 p.m. (CST). The safety zone will encompass all
waters bounded by the arc of a circle with a 1000 foot radius with its
center in approximate position 43 deg.02.40 N, 087 deg.53.50 W
encompass all waters within 1000-yards of a fireworks barge located
approximately 1000 ft offshore of Veterans Park, Milwaukee Harbor. The
size of this zone was determined using the National Fire Prevention
Association guidelines and local knowledge concerning wind, waves, and
currents.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene patrol
personnel. Entry into, transiting, or anchoring within the safety zone
is prohibited unless authorized by the Captain of the Port Detroit or
his designated on scene representative. The Captain of the Port or his
designated on scene representative may be contacted via VHF Channel 16.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 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 this
rule 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). We expect the economic impact of this
proposed rule to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary.
This determination is based on the minimal time that vessels will
be restricted from the zone, and the zone is in an area where the Coast
Guard expects insignificant adverse impact to mariners from the zones'
activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant 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.
[[Page 34837]]
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 would affect the following entities, some of
which might be small entities: The owners or operators of commercial
vessels intending to transit a portion of an activated safety zone.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
proposed zone is only in effect for few hours on the day of the event.
Vessel traffic can safely pass outside the proposed safety zone during
the event. Traffic may be allowed to pass through the safety zone under
Coast Guard escort with the permission of the Captain of the Port
Milwaukee. Before the effective period, we will issue maritime
advisories widely available to users of the Port of Milwaukee by the
Ninth Coast Guard District Local Notice to Mariners, Marine information
broadcasts, and facsimile broadcasts may also be made.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects 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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed 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 costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would 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 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.
Protection of Children
The Coast Guard has analyzed this proposed 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
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph 32(g) of Commandant
Instruction M16475.1C, this proposed rule is categorically excluded
from further environmental documentation. A written categorical
exclusion determination is available in the docket for inspection or
copying where indicated under ADDRESSES.
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.
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 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 and 160.5; 49 CFR 1.46.
2. A new temporary Sec. 165.T09-917 is added to read as follows:
Sec. 165.T09-917 Safety zone: Firstar fireworks display, Milwaukee,
Harbor.
(a) Location. The safety zone will encompass all waters bounded by
the arc of a circle with a 1000 foot radius with its center in
approximate position 43 deg. 02.40 N, 087 deg. 53.50 W encompass all
waters within 1000-feet of a fireworks barge located approximately 1000
feet offshore of Veterans Park, Milwaukee Harbor.
(b) Effective time and date. This section is effective from 9:25
p.m. (local time) until 10 p.m. (local time) on July 3rd, 2001. In the
event the fireworks display is cancelled due to inclement weather, this
section is effective during these same times on July 4th, 2001. The
Coast Guard Captain of the Port Milwaukee and the designated Patrol
Commander have the authority to terminate this event at any time. The
designated on scene Patrol Commander may be contacted via VHF Channel
16.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Milwaukee, or his
designated on scene representative.
[[Page 34838]]
Dated: June 6, 2001.
M.R. Devries,
Commander, U.S. Coast Guard, Captain of the Port, Milwaukee.
[FR Doc. 01-16483 Filed 6-29-01; 8:45 am]
BILLING CODE 4910-15-P