Safety Zone; Milwaukee River Challenge, Milwaukee River, Milwaukee, WI, 54838-54840 [05-18594]
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54838
Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Rules and Regulations
R–2510B, from ‘‘CO, Yuma MCAS, AZ,’’
to ‘‘Commanding Officer, U.S. Navy
Fleet Area Control and Surveillance
Facility, San Diego, CA.’’ The FAA is
taking this action in response to a
request from the United States Navy to
reflect an administrative change of
responsibility for the restricted areas.
There are no changes to the boundaries;
designated altitudes; time of
designation; or activities conducted
within the affected restricted areas.
EFFECTIVE DATE: 0901 UTC, December
22, 2005.
FOR FURTHER INFORMATION CONTACT: Ken
McElroy, Airspace and Rules, Office of
System Operations Airspace and AIM,
Federal Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone: (202)
267–8783.
SUPPLEMENTARY INFORMATION:
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 73 by
changing the using agency of R–2510 A
& B, El Centro, CA. On July 18, 2005, the
U.S. Navy requested that the FAA
change the using agency from ‘‘CO,
Yuma MCAS, AZ,’’ to ‘‘Commanding
Officer, U.S. Navy Fleet Area Control
and Surveillance Facility, San Diego,
CA.’’ This action addresses that request.
This is an administrative change and
does not affect the boundaries;
designated altitudes; or activities
conducted within the restricted areas.
Therefore, notice and public procedure
under 5 U.S.C. 553(b) are unnecessary.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Order 1050.1E, Policies and Procedures
for Considering Environmental Impacts.
This airspace action is not expected to
cause any potentially significant
environmental impacts, and no
extraordinary circumstances exist that
warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 73
Jkt 205001
33 CFR Part 165
[CGD09–05–123]
RIN 1625–AA00
Safety Zone; Milwaukee River
Challenge, Milwaukee River,
Milwaukee, WI
Adoption of the Amendment
AGENCY:
ACTION:
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 73, as follows:
I
PART 73—SPECIAL USE AIRSPACE
1. The authority citation for part 73
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 73.25
I
*
[Amended]
2. § 73.25 is amended as follows:
*
*
*
*
R–2510A
El Centro, CA [Amended]
By removing the words ‘‘Using
agency. CO, Yuma MCAS, AZ,’’ and
inserting the words ‘‘Using agency.
Commanding Officer, U.S. Navy Fleet
Area Control and Surveillance Facility,
San Diego, CA.’’
*
*
*
*
*
R–2210B
El Centro, CA [Amended]
By removing the words ‘‘Using
agency. CO, Yuma MCAS, AZ,’’ and
inserting the words ‘‘Using agency.
Commanding Officer, U.S. Navy Fleet
Area Control and Surveillance Facility,
San Diego, CA.’’
*
*
*
*
*
Issued in Washington, DC, on September
12, 2005.
Edith V. Parish,
Acting Manager, Airspace and Rules.
[FR Doc. 05–18503 Filed 9–16–05; 8:45 am]
BILLING CODE 4910–13–P
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
15:27 Sep 16, 2005
Coast Guard
Airspace, Prohibited areas, Restricted
areas.
Environmental Review
VerDate Aug<31>2005
DEPARTMENT OF HOMELAND
SECURITY
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Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the Milwaukee River, in Milwaukee, WI.
This zone is intended to restrict vessels
from a portion of the Milwaukee River
in Milwaukee, WI during the Milwaukee
River Challenge. This temporary safety
zone is necessary to protect participants
and spectators of the event from the
hazards associated with vessel traffic on
the Milwaukee River.
DATES: This rule is effective from 10
a.m. (local) on September 17, 2005
through 4:30 p.m. (local) on September
17, 2005.
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 [CGD09–05–123] and are
available for inspection or copying at
U.S. Coast Guard Sector Lake Michigan,
2420 S. Lincoln Memorial Dr.,
Milwaukee, Wisconsin 53207 between 7
a.m. (local) and 3:30 p.m. (local),
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Marine Science Technician Chief
Harold Millsap, Prevention Department,
Sector Lake Michigan, 2420 S. Lincoln
Memorial Dr., Milwaukee, WI 53207,
(414) 747–7160.
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 was not received in time to
publish an NPRM followed by a final
rule before the effective date. 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. Delaying this rule would be
contrary to the public interest of
ensuring the safety of participants and
vessels during this event and immediate
action is necessary to prevent possible
E:\FR\FM\19SER1.SGM
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Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Rules and Regulations
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
This temporary safety zone is
necessary to ensure the safety of the
participants and spectators from hazards
associated with vessel traffic on the
Milwaukee River. Based on accidents
that have occurred in other Captain of
the Port zones and the hazards of vessel
traffic during non-motorized boat races,
the Captain of the Port Lake Michigan
has determined boat races in close
proximity to vessel traffic on the
Milwaukee River pose a significant risk
to public safety and property.
Establishing a safety zone to control
vessel movement around the location of
the race will help ensure the safety of
participants and property at these
events and help minimize the associated
risks.
Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of participants and
vessels during the race in conjunction
with the Milwaukee River Challenge.
The race will occur between 10 a.m.
(local) and 4:30 p.m. (local) on
September 17, 2005.
The safety zone for the race will
encompass all waters of the Milwaukee
River from North Water Street Bridge
north to Humboldt Avenue Bridge. The
Captain of the Port Lake Michigan, or
his designated on-scene representative,
has the authority to terminate the event.
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated onscene representative. Entry into, transit,
or anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Lake Michigan or his
designated on-scene representative. The
Captain of the Port or his designated onscene 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, 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
VerDate Aug<31>2005
15:27 Sep 16, 2005
Jkt 205001
regulatory policies and procedures of
DHS is unnecessary. This determination
is based on the minimal time that
vessels will be restricted from the zone
and the zone is located in an area where
the Coast Guard expects insignificant
adverse impact to mariners from the
zone’s activation.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have 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, some of which may be small
entities: the owners and operators of
vessels intending to transit or anchor in
a portion of the Milwaukee River in
Milwaukee, WI, between 10 a.m. (local)
and 4:30 p.m. (local) on September 17
2005.
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 six and a half hours,
on a portion of the Milwaukee River not
significantly affecting commercial
traffic. In the event that this temporary
safety zone affects shipping, commercial
vessels may request permission from the
Captain of the Port Lake Michigan to
transit through the safety zone. The
Coast Guard will give notice to the
public via a Broadcast to Mariners that
the regulation is in effect.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. 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
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54839
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
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has 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 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 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.
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
E:\FR\FM\19SER1.SGM
19SER1
54840
Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Rules and Regulations
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.
ADDRESSES.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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
procedure; and related management
system practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this 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 concluded 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, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. This rule fits the
category from paragraph (34)(g) because
it establishes a safety zone.
A preliminary ‘‘Environmental
Analysis Check List’’ is available in the
docket where indicated under
VerDate Aug<31>2005
15:27 Sep 16, 2005
Jkt 205001
Comments on this section
will be considered before we make the
final decision on whether the rule
should be categorically excluded from
further environmental review.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. A new temporary section 165.T09–
123 is added as follows:
§ 165.T09–123 Safety zone; Milwaukee
River Challenge, Milwaukee River,
Milwaukee, WI.
(a) Location: The following area is a
temporary safety zone: All waters of the
Milwaukee River from the North Water
Street Bridge north to the Humboldt
Avenue Bridge.
(b) Effective period. This regulation is
effective from 10 a.m. (local) until 4:30
p.m. (local), on September 17, 2005.
(c) Enforcement Period. This zone
will be enforced from 10 a.m. (local)
until 4:30 p.m. (local), on September 17
2005.
(d) Regulations.
(1) In accordance with the general
regulations in section 165.23 of this
part, entry into, transiting, or anchoring
within this safety zone is prohibited
unless authorized by the Captain of the
Lake Michigan, or his designated onscene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Lake Michigan or his designated onscene representative.
(3) The ‘‘on-scene 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 to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port or his
designated on-scene representative may
be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
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Fmt 4700
Sfmt 4700
contact the Captain of the Port Lake
Michigan or his on-scene 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 Lake Michigan or his
on-scene representative.
Dated: September 9, 2005.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 05–18594 Filed 9–16–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R07–OAR–2005–MO–0003; FRL–7969–6]
Approval and Promulgation of
Implementation Plans; State of
Missouri; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
SUMMARY: On July 13, 2005, EPA
published a final rule approving
revisions to the Missouri State
Implementation Plan (SIP). In the July
13, 2005, rule, EPA inadvertently
included an incorrect state effective date
for the Missouri statewide NOX rule.
The purpose of this action is to correct
the state effective date to August 30,
2003.
This action is effective
September 19, 2005.
DATES:
FOR FURTHER INFORMATION CONTACT:
Michael Jay at (913) 551–7460, or by email at jay.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
On July 13, 2005 (70 FR 40193), EPA
published a final rule approving a SIP
revision for Missouri that included a
revision to the statewide NOX rule, 10
CSR 10–6.350 ‘‘Emissions Limitations
and Emissions Trading of Oxides of
Nitrogen.’’ The purpose of the rule is to
reduce the state’s contribution to the St.
Louis 8-hour ozone nonattainment area.
The July 13, 2005, rule inadvertently
included an incorrect state effective date
for the statewide NOX rule of June 23,
2003. Today’s action is necessary to
correct the state effective date to August
30, 2003.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
E:\FR\FM\19SER1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Rules and Regulations]
[Pages 54838-54840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18594]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-123]
RIN 1625-AA00
Safety Zone; Milwaukee River Challenge, Milwaukee River,
Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Milwaukee River, in Milwaukee, WI. This zone is intended to restrict
vessels from a portion of the Milwaukee River in Milwaukee, WI during
the Milwaukee River Challenge. This temporary safety zone is necessary
to protect participants and spectators of the event from the hazards
associated with vessel traffic on the Milwaukee River.
DATES: This rule is effective from 10 a.m. (local) on September 17,
2005 through 4:30 p.m. (local) on September 17, 2005.
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 [CGD09-05-123] and are available for inspection or
copying at U.S. Coast Guard Sector Lake Michigan, 2420 S. Lincoln
Memorial Dr., Milwaukee, Wisconsin 53207 between 7 a.m. (local) and
3:30 p.m. (local), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Marine Science Technician Chief Harold
Millsap, Prevention Department, Sector Lake Michigan, 2420 S. Lincoln
Memorial Dr., Milwaukee, WI 53207, (414) 747-7160.
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 was not
received in time to publish an NPRM followed by a final rule before the
effective date. 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. Delaying this rule would be contrary to the public interest
of ensuring the safety of participants and vessels during this event
and immediate action is necessary to prevent possible
[[Page 54839]]
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
This temporary safety zone is necessary to ensure the safety of the
participants and spectators from hazards associated with vessel traffic
on the Milwaukee River. Based on accidents that have occurred in other
Captain of the Port zones and the hazards of vessel traffic during non-
motorized boat races, the Captain of the Port Lake Michigan has
determined boat races in close proximity to vessel traffic on the
Milwaukee River pose a significant risk to public safety and property.
Establishing a safety zone to control vessel movement around the
location of the race will help ensure the safety of participants and
property at these events and help minimize the associated risks.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
participants and vessels during the race in conjunction with the
Milwaukee River Challenge. The race will occur between 10 a.m. (local)
and 4:30 p.m. (local) on September 17, 2005.
The safety zone for the race will encompass all waters of the
Milwaukee River from North Water Street Bridge north to Humboldt Avenue
Bridge. The Captain of the Port Lake Michigan, or his designated on-
scene representative, has the authority to terminate the event.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transit, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Lake
Michigan 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, 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 on
the minimal time that vessels will be restricted from the zone and the
zone is located in an area where the Coast Guard expects insignificant
adverse impact to mariners from the zone's activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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, some of which may be
small entities: the owners and operators of vessels intending to
transit or anchor in a portion of the Milwaukee River in Milwaukee, WI,
between 10 a.m. (local) and 4:30 p.m. (local) on September 17 2005.
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 six and a half hours, on a portion of
the Milwaukee River not significantly affecting commercial traffic. In
the event that this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Lake
Michigan to transit through the safety zone. The Coast Guard will give
notice to the public via a Broadcast to Mariners that the regulation is
in effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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 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 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.
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
[[Page 54840]]
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. 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 procedure; and related management
system practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 concluded 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, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This rule fits the category from paragraph
(34)(g) because it establishes a safety zone.
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 the
rule should be categorically excluded from further environmental
review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary section 165.T09-123 is added as follows:
Sec. 165.T09-123 Safety zone; Milwaukee River Challenge, Milwaukee
River, Milwaukee, WI.
(a) Location: The following area is a temporary safety zone: All
waters of the Milwaukee River from the North Water Street Bridge north
to the Humboldt Avenue Bridge.
(b) Effective period. This regulation is effective from 10 a.m.
(local) until 4:30 p.m. (local), on September 17, 2005.
(c) Enforcement Period. This zone will be enforced from 10 a.m.
(local) until 4:30 p.m. (local), on September 17 2005.
(d) Regulations.
(1) In accordance with the general regulations in section 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Lake Michigan, or
his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or his designated
on-scene representative.
(3) The ``on-scene 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 to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Lake Michigan or his on-
scene 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 Lake
Michigan or his on-scene representative.
Dated: September 9, 2005.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 05-18594 Filed 9-16-05; 8:45 am]
BILLING CODE 4910-15-P
