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Safety Zone; TCF Bank Milwaukee Air Expo, Milwaukee, WI
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Proposed Rules]
[Page 27434-27436]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my06-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-025]
RIN 1625-AA00
Safety Zone; TCF Bank Milwaukee Air Expo, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to implement a temporary safety zone
for the TCF Bank Milwaukee Air Expo. This safety zone is necessary to
safeguard vessels and spectators from hazards associated with air
shows. This proposed rule is intended to restrict vessel traffic from a
portion of Lake Michigan and Milwaukee Harbor.
DATES: Comments and related material must reach the Coast Guard on or
before May 24, 2006.
ADDRESSES: You may mail comments and related material to Commander,
U.S. Coast Guard Sector Lake Michigan (CGD09-06-025), 2420 South
Lincoln Memorial Drive, Milwaukee, Wisconsin 53207. Sector Lake
Michigan Prevention Department 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 Sector Lake Michigan between 7 a.m. and 3:30 p.m. (local),
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Brad Hinken,
U.S. Coast Guard Sector Lake Michigan, at (414) 747-7154.
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 (CGD09-06-
025), 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
8\1/2\ by 11 inches, suitable for copying. If you would like to know
that 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 Sector Lake Michigan 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 protect the public from the
hazards associated with air shows. Due to the high profile nature and
extensive publicity associated with this event, the Captain of the Port
(COTP) expects a significantly large number of spectators in confined
areas adjacent to and on Lake Michigan. As such, the COTP is proposing
to implement a safety zone to ensure the safety of both participants
and spectators in these areas.
The combination of large numbers of inexperienced recreational
boaters, congested waterways, boaters crossing commercially transited
waterways, and low flying aircraft could easily result in serious
injuries or fatalities.
Discussion of Proposed Rule
The Coast Guard is proposing a safety zone on the waters of Lake
Michigan near Sheboygan, Wisconsin. The safety zone will include all
waters within the following coordinates: starting at 41[deg]01.606' N,
087[deg]53.041' W; then northeast to 43[deg]03.335' N, 087[deg]51.679'
W; then northwest to 43[deg]03.583' N, 087[deg]52.265' W; then going
southwest to 43[deg]01.856' N, 087[deg]53.632' W; then returning back
to point of origin. The Coast Guard will notify the public in advance
by way of the Ninth Coast Guard District Local Notice to Mariners, the
Broadcast Notice to Mariners, and, for those who request it from Sector
Lake Michigan, 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
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This determination is based upon the size and location of the
safety zone within the waterway. Recreational vessels may transit
through the safety zone with permission from the Captain of the Port
Lake Michigan or his designated on-scene patrol commander.
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 safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: the
safety zone
[[Page 27435]]
would be enforced for only a few hours per day on each day of the event
and vessel traffic can safely pass outside of the proposed safety zone
during the event. Before the effective period, we would issue maritime
advisories widely available to users of the lake.
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 (Pub. L. 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 Sector Lake Michigan (see
ADDRESSES). The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.
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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 expenditure,
we do discuss the effects of this rule elsewhere in this preamble.
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.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. We
invite your comments on how this proposed rule might impact tribal
government, even if that impact may not constitute a ``tribal
implication '' under that Order.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether to
categorically exclude this rule from further environmental review.
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 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, Department of Homeland Security Delegation No. 0170.
2. A new temporary Sec. 165.T09-025 is added to read as follows:
[[Page 27436]]
Sec. 165.T09-025 Safety Zone; TCF Bank Milwaukee Air Expo Milwaukee,
Wisconsin.
(a) Location. The following area is a Safety Zone: All waters
within the following coordinates: starting at 43[deg]01.606' N,
087[deg]53.041' W; then northeast to 43[deg]03.335' N, 087[deg]51.679'
W; then northwest to 43[deg]03.583' N, 087[deg]52.265' W; then going
southwest to 43[deg]01.856' N, 087[deg]53.632' W; then returning back
to point of origin. These coordinates are based upon North American
Datum 1983.
(b) Effective Dates and Times. This safety zone is effective from 1
p.m. (local) on July 14, 2006 through 5 p.m. on July 17, 2006. This
safety zone will be enforced between the hours of 1 p.m. (local) to 5
p.m. (local) on July 14 through 17, 2006. The Captain of the Port Lake
Michigan or the on scene Patrol Commander may terminate this event at
anytime.
(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 Lake Michigan, 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
Sector Lake Michigan Operations Center at (414) 747-7182 during working
hours. Vessels assisting in the enforcement of the Safety Zone may be
contacted on VHF-FM channels 16 or 23A. 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 Sector Lake Michigan will issue a Marine Safety
Information Broadcast Notice to Mariners to notify the maritime
community of the Safety Zone and restriction imposed.
Dated: April 26, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. 06-4393 Filed 5-10-06; 8:45 am]
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