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Safety Zone; South Shore Frolics Fireworks Display, Milwaukee Harbor
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[Federal Register: July 2, 2001 (Volume 66, Number 127)]
[Rules and Regulations]
[Page 34844-34846]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy01-28]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-01-072]
RIN 2115-AA97
Safety Zone; South Shore Frolics 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 South Shore Frolics fireworks display on July 13, 14, and 15, 2001.
This safety zone is necessary to ensure the safety of persons and
property in this area 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 9:45 p.m. through 11
p.m. on July 13, 14 and 15, 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 [CGD09-01-072]
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 with sufficient time to publish an NPRM followed by a
temporary final rule that would be effective before the required
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.
[[Page 34845]]
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 13, 14 and 15, from 9:45
p.m. through 11 p.m. (CST). The safety zone will encompass all waters
bounded by the arc of a circle with a 700-foot radius with its center
in approximate position 42 deg. 34.50 N, 087 deg. 52.75 W, offshore of
South Shore 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 Milwaukee 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 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 activated zone is located in an
area where the Coast Guard expects insignificant adverse impact to
mariners.
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.
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 each day of the event;
vessel traffic can safely pass outside the proposed safety zone during
the event; and 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 (Pub. L. 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 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 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 rule would not impose an unfunded mandate.
Taking of Private Property
This 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 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 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
[[Page 34846]]
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 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.
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, 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. A new temporary Sec. 165.T09-933 is added to read as follows:
Sec. 165.T09-933 Safety Zone: South Shore Frolics Fireworks Display,
Milwaukee, Harbor.
(a) Location. The safety zone encompasses all waters bounded by the
arc of a circle with a 700-foot radius with its center in approximate
position 42 deg. 34.50 N, 087 deg. 52.75 W located approximately 700
feet offshore South Shore Park, Milwaukee Harbor.
(b) Effective time and date. This section is effective from 9:45
p.m. until 11 p.m. (local time) on July 13, 14 and 15, 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.
Dated: June 6, 2001.
M.R. DeVries,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 01-16583 Filed 6-29-01; 8:45 am]
BILLING CODE 4910-15-U