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Safety Zone; Festa Italiana 2002, Milwaukee, WI
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 3, 2002 (Volume 67, Number 128)]
[Rules and Regulations]
[Page 44564-44566]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy02-17]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-02-032]
RIN 2115-AA97
Safety Zone; Festa Italiana 2002, Milwaukee, WI
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
Milwaukee's outer harbor for the Festa Italiana 2002 fireworks display
and airshow. 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 Lake Michigan and in particular, outer
Milwaukee Harbor, Milwaukee, Wisconsin.
DATES: This temporary rule is effective from 3:30 p.m. (local) on July
19, 2002 until 10:40 p.m. (CST) on July 21, 2002.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD09-02-032]
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 8 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, at (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 for the fireworks safety zone 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. In addition, any delay in the
effective date of the safety zone for the air show would expose the
public and participants to unnecessary hazards associated with low
flying aircraft in close proximity to spectator vessels.
Background and Purpose
This safety zone is established to safeguard the public from the
hazards associated with launching of fireworks and aircraft flying at
high speeds close to the water in Milwaukee's outer 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 daytime safety zone will be enforced on July 20 and again on
July 21, 2002 from 3:30 p.m. (local) until 4:30 p.m. (local). The
daytime safety zone will consist of the following: all waters and
adjacent shoreline of outer Milwaukee Harbor encompassed by the
following coordinates: 43 deg.02.17' N, 087 deg.53.42' W, then east to
43 deg.02.11' N, 087 deg.53.14' W, then south to 43 deg.01.32' N,
087 deg.53.21' W, then west to 43 deg.01.35' N, 087 deg.53.43' W, then
north along the shoreline to the point of origin. These
[[Page 44565]]
coordinates are based upon North American Datum 1983 (NAD 83).
The night time safety zone will be enforced on July 19 and again on
July 21, 2002 from 9:30 p.m. (local) until 10:40 p.m. (local). The
following area is the night time safety zone: all waters and adjacent
shoreline of outer Milwaukee Harbor encompassed by the following
coordinates: 43 deg.01.22' N, 087 deg.53.39' W, east to 43 deg.01.16'
N, 087 deg.53.01' W, then north to 43 deg.02.13' N, 087 deg.52.45' W,
then west to 43 deg.02.21' N, 087 deg.53.27' W, then south to
43 deg.01.30' N, 087 deg.53.41' W, then south along the shoreline to
the point of origin (NAD 83).
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.
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
the outer Milwaukee Harbor during the day zone from 3:30 p.m. (local)
until 4:30 p.m. (local) on July 20 and July 21, 2002, and the night
zone from 9:30 p.m. (local) until 10:40 p.m. (local) on July 19 and
July 21, 2002.
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 one day 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 the Port of Milwaukee.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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)
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
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 M16475.1C, this rule is categorically excluded from further
environmental documentation. A ``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 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
[[Page 44566]]
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. A new temporary Sec. 165.T09-032 is added to read as follows:
Sec. 165.T09-032 Safety Zone; Milwaukee Harbor, Lake Michigan,
Milwaukee, WI.
(a) Location. The following are safety zones:
(1) Day time zone. All waters and adjacent shoreline of the outer
Milwaukee Harbor encompassed by a line drawn between the following
coordinates: 43 deg.02.17' N, 087 deg.53.42' W; then east to
43 deg.02.11' N, 087 deg.53.14' W; then south to 43 deg.01.32' N,
087 deg.53.21' W; then west to 43 deg.01.35' N, 087 deg.53.43' W; then
north along the shoreline to the point of origin (NAD 83).
(2) Night time zone. All waters and adjacent shoreline of the outer
Milwaukee Harbor encompassed by a line drawn between the following
coordinates: 43 deg.01.22' N, 087 deg.53.39' W; east to 43 deg.01.16'
N, 087 deg.53.01' W; then north to 43 deg.02.13' N, 087 deg.52.45' W;
then west to 43 deg.02.21' N, 087 deg.53.27' W, then south to
43 deg.01.30' N, 087 deg.53.41' W, then southerly along the shoreline
to the point of origin (NAD 83).
(b) 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.
(c) Enforcement period. This section is effective from 9:30 p.m.
(local) on July 19th, 2002 until 10:40 p.m. (local) on July 21st, 2002.
The zone in paragraph (a)(1) will be enforced from 3:30 p.m. until 4:30
p.m. on July 20th; and again during these same times on July 21, 2002.
The zones in paragraph (a)(2) will be enforced from 9:30 p.m. until
10:40 p.m. on July 19th; and again during these same times on July
21st, 2002.
Dated: June 24, 2002.
M.R. DeVries,
Commander, Coast Guard, Captain of the Port, Milwaukee, Milwaukee,
Wisconsin.
[FR Doc. 02-16752 Filed 7-2-02; 8:45 am]
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