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Safety Zone: Sister Bay Marinafest 2001, Sister Bay, WI.
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 26, 2001 (Volume 6, Number 123)]
[Proposed Rules]
[Page 33926-33928]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn01-28]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-01-055]
RIN 2115-AA97
Safety Zone: Sister Bay Marinafest 2001, Sister Bay, WI.
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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[[Page 33927]]
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
in Sister Bay, Sister Bay, Wisconsin for the Sister Bay Marinafest 2001
fireworks celebration. This action is necessary to ensure the safety of
life and property in the immediate vicinity of the fireworks launch
platform during this event. This action is intended to restrict vessel
traffic to the Sister Bay marina.
DATES: Comments and related material must reach the Coast Guard on or
before July 26, 2001.
ADDRESSES: You may mail comments and related material to the Commanding
Officer, U.S. Coast Guard Marine Safety Office Milwaukee, 2420 South
Lincoln Memorial Drive, Milwaukee, Wisconsin 53207. Marine Safety
Office Milwaukee maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at Marine Safety Office Milwaukee between 7 a.m. and 3:30 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Timothy Sickler, Chief of Port
Operations, U.S. Coast Guard Marine Safety Office Milwaukee, 2420 South
Lincoln Memorial Drive, Milwaukee, WI 53207. The phone number is (414)
747-7155.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD09-01-
055], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
81/2 by 11 inches, suitable for copying. If you would like to know they
reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Marine Safety Office Milwaukee at
the address under ADDRESSES explaining why one 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.
Background and Purpose
This safety zone is necessary to safeguard the public from the
hazards associated with storing, preparation and launching of the
Sister Bay Marinafest fireworks display off of Sister Bay marina,
Sister Bay, Wisconsin. Based on recent accidents that have occurred in
other Captain of the Port Zones, and the explosive hazard associated
with these events, the Captain of the Port has determined that
fireworks launches in close proximity to watercraft pose a significant
risk to safety and property.
The combination of large numbers of inexperienced recreational
boaters, congested waterways, darkness punctuated by bright flashes of
light, alcohol use, and debris falling in to the water could easily
result in serious injuries or fatalities.
Establishing safety zones by notice and comment rulemaking gives
the public an opportunity to comment on the proposed zones and provides
better notice than promulgating temporary final rules.
Discussion of Proposed Rule
The Coast Guard is proposing a safety zone by Sister Bay marina,
Sister Bay, Wisconsin. The safety zone would encompass all waters
bounded by the arc of a circle with a 420-foot radius, centered
approximately at 45 deg. 10.60' N, 087 deg. 06.60' W. The Coast Guard
will notify the public, in advance, by way of Ninth Coast Guard
District Local Notice to Mariners, marine information broadcasts, and
for those who request it from Marine Safety Office Milwaukee, by
facsimile (fax).
Regulatory Evaluation
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
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 10e 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.
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 would affect the following entities, some of
which might be small entities: the owners or operators of commercial
vessels intending to transit, moor or anchor in a portion of the
activated safety zone.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: this
rule would be in effect for less than an hour and a half on the day of
the event. Vessel traffic can safely pass outside of the proposed
safety zone during the event. Although the safety zone for the event
will encompass the entire navigation channel, traffic would be allowed
to pass through the safety zone with permission of the Captain of the
Port Milwaukee, or his designated on scene Patrol Commander.
If you think 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 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 Marine Safety Office Milwaukee
(see ADDRESSES).
Collection of Information
This proposed rule would call for no new collection of information
under the
[[Page 33928]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under Executive Order 13132,
Federalism, 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
We have 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 would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Environment
We have considered the environmental impact of this proposed 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. A ``Categorical Exclusion Determination''
is available in the docket 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 proposed 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 proposes
to amend 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 section 165.T09-926 is added to read as follows:
Sec. 165.T09-926 Safety Zone, Waters off Sister Bay Marina, Sister
Bay, Wisconsin
(a) Location. The following area is a Safety Zone:
(1) The safety zone will encompass all waters bounded by the arc of
a circle with a 420-foot radius with its center in approximate position
45 deg. 10.60' N, 087 deg. 06.60' W, located off Sister Bay marina.
(b) Effective Dates and Times. This safety zone is effective on
September 1st, 2001 from 8:30 p.m. to 10:00 p.m. (CST).
(c) Regulations. In accordance with the general regulations in
Section 165.23 of this part, entry into this zone is subject to the
following requirements:
(1) This safety zone is closed to all marine traffic, except as may
be permitted by the Captain of the Port or his duly appointed
representative.
(2) The ``duly appointed representative'' of the Captain of the
Port is any Coast Guard commissioned, warrant or petty officer who has
been designated by the Captain of the Port, Milwaukee, Wisconsin to act
on his behalf. The representative of the Captain of the Port will be
aboard either a Coast Guard or Coast Guard Auxiliary vessel.
(3) Vessel operators desiring to enter or operate within the Safety
Zone shall contact the Captain of the Port or his representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the Safety Zone shall comply with all directions given to
them by the Captain of the Port or his representative.
(4) The Captain of the Port may be contacted by telephone via the
Command Duty Officer at (414) 747-7155 during working hours. Vessels
assisting in the enforcement of the Safety Zone may be contacted on
VHF-FM channels 16 or 21A. Vessel operators may determine the
restrictions in effect for the safety zone by coming alongside a vessel
patrolling the perimeter of the Safety Zone.
(5) Coast Guard Group Milwaukee will issue a Marine Safety
Information Broadcast Notice to Mariners to notify the maritime
community of the Safety Zone and restriction imposed.
Dated: June 15, 2001.
M.R. DeVries,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 01-15999 Filed 6-25-01; 8:45 am]
BILLING CODE 4910-15-P