Safety Zone; Milwaukee Air and Water Show, Lake Michigan, Milwaukee, WI, 32664-32666 [2010-13810]
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32664
Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Rules and Regulations
The
Lehigh Valley Bridge, across Newark
Bay at mile 4.3, at Newark, New Jersey,
has a vertical clearance in the closed
position of 35 feet at mean high water
and 39 feet at mean low water. The
drawbridge operation regulations are
listed at 33 CFR 117.735.
The owner of the bridge, Conrail,
requested a temporary deviation from
the regulations to facilitate scheduled
bridge maintenance, lift cable
replacement at the bridge.
Under this temporary deviation the
Lehigh Valley Bridge may remain in the
closed position on Mondays, June 14,
21, 28, July 5, 12, 19, and 26, 2010
between 9 a.m. and 2 p.m. to facilitate
lift cable replacement.
Waterway users were advised of the
requested bridge closures and offered no
objection.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–0225 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0225 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, contact or e-mail Petty Officer
Adam Kraft, U.S. Coast Guard Sector
Lake Michigan, at (414) 747–7154 or
Adam.D.Kraft@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Dated: May 27, 2010.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
On April 14, 2010, the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled Safety
Zone; Milwaukee Air and Water Show,
Milwaukee, Wisconsin in the Federal
Register (75 FR 19307). The Coast Guard
received 0 comments on this proposed
rule. No public meeting was requested
and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that 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 spectators and
vessels during this operation and
immediate action is necessary to
prevent possible loss of life or property
from the dangers that are associated
with a large scale air show and a
fireworks display.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2010–13818 Filed 6–8–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0225]
RIN 1625–AA00
Safety Zone; Milwaukee Air and Water
Show, Lake Michigan, Milwaukee, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
erowe on DSK5CLS3C1PROD with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone on Lake
Michigan near Bradford Beach in
Milwaukee, Wisconsin. This zone is
intended to restrict vessels from a
portion of Lake Michigan due to a largescale air show and a fireworks display.
This temporary safety zone is necessary
to protect the surrounding public and
their vessels from the hazards associated
with a large-scale air show and
fireworks display.
DATES: This regulation is effective from
12:01 a.m. on June 10, 2010 until 11:59
p.m. on June 13, 2010.
ADDRESSES: Comments and material
received from the public, as well as
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Regulatory Information
Basis and Purpose
This temporary safety zone is
necessary to protect vessels from the
hazards associated with the Milwaukee
Air and Water show. The Captain of the
Port, Sector Lake Michigan, has
determined that the Milwaukee Air and
Water show does pose significant risks
to public safety and property. The likely
combination of congested waterways
and a large scale air show and a
fireworks display could easily result in
serious injuries or fatalities.
Discussion of Comments and Changes
No comments were received
concerning this event.
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Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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.
This is not a significant regulatory
action because the safety zone will be in
effect for a minimal amount of time.
Additionally, the zone is an area where
the Coast Guard expects insignificant
adverse impact to mariners from the
zones’ activation and vessels may still
transit the area with the permission of
the Captain of the Port, Sector Lake
Michigan, or his or her designated onscene representative.
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 might be small
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of Lake Michigan, Milwaukee,
WI between 12:01 p.m. on June 10, 2010
and 11:59 p.m. on June 13, 2010.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This safety zone
will be in effect for only a few days and
enforced for only a few hours. In the
event that this temporary safety zone
affects shipping, commercial vessels
may request permission from the
Captain of The Port, Sector 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.
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09JNR1
Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Rules and Regulations
Assistance for Small Entities
Civil Justice Reform
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM 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). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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.
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 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 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 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
erowe on DSK5CLS3C1PROD with RULES
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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14:39 Jun 08, 2010
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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 create 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
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. 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.
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32665
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
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a
temporary safety zone.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0225 to read as
follows
■
§ 165.T09–0225 Safety Zone; Milwaukee
Air and Water show, Lake Michigan,
Milwaukee, WI.
(a) Location. The following area is a
temporary safety zone: A 4,000 yard by
1,000 yard rectangle located on Lake
Michigan, parallel to Bradford Beach in
Milwaukee, Wisconsin. The safety zone
will encompass all U.S. waters of Lake
Michigan bound by a line drawn from
43°02′57″ N, 087°52′53″ W; then north
to 43°04′40″ N, 087°51′29″ W; then east
to 43°04′33″ N, 087°51′12″ W; then
south to 43°02′50″ N, 087°52′36″ W;
then west returning to the point of
origin (NAD 83).
(b) Effective period. This regulation is
effective from 12:01 a.m. on June 10,
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09JNR1
32666
Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Rules and Regulations
2010 through 11:59 p.m. on June 13,
2010. It will be enforced between 12
p.m. and 4 p.m. on June 10, 2010,
between the hours of 2:30 p.m. and 9:30
p.m. on June 11, 2010, and again
between the hours of 9 a.m. and 5 p.m.
on June 12 and 13, 2010. The Captain
of the Port, Sector Lake Michigan, or his
or her on-scene representative may
terminate this operation at anytime.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his or her on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Sector Lake Michigan, or his or her onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Lake
Michigan, is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sector Lake Michigan, to act
on his or her behalf. The on-scene
representative of the Captain of the Port,
Sector Lake Michigan, will be aboard
either a Coast Guard or Coast Guard
Auxiliary vessel.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Lake Michigan, or his or her on-scene
representative to obtain permission to
do so. The Captain of the Port, Sector
Lake Michigan, or his or her on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port, Sector Lake Michigan, or his
or her on-scene representative.
Dated: May 25, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2010–13810 Filed 6–8–10; 8:45 am]
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0126]
RIN 1625–AA00
Safety Zones; Annual Fireworks
Events in the Captain of the Port
Detroit Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is amending
rule 33 CFR 165.941, establishing safety
zones for annual fireworks events in the
Captain of the Port Detroit area of
responsibility. This rule adds safety
zones for fireworks events. These safety
zones are necessary to protect spectators
and vessels from the hazards associated
with fireworks displays.
DATES: This rule is effective June 9,
2010.
Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–0126 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0126 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail CDR Joseph Snowden,
Prevention Department, Sector Detroit,
Coast Guard; telephone (313) 568–9508,
e-mail Joseph.H.Snowden@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory Information
BILLING CODE 9110–04–P
erowe on DSK5CLS3C1PROD with RULES
DEPARTMENT OF HOMELAND
SECURITY
On April 14, 2010, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zones; Annual Fireworks
Events in the Captain of the port Detroit
Zone in the Federal Register (75 FR
19304). We received zero comments on
the proposed rule. No public meeting
was requested and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
VerDate Mar<15>2010
14:39 Jun 08, 2010
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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 spectators and
vessels during this operation and
immediate action is necessary to
prevent possible loss of life or property
from the dangers that are associated
with fireworks displays.
Basis and Purpose
This rule adds additional events not
previously published in 33 CFR
165.941, Safety Zones; Annual
Fireworks Events in the Captain of the
Port Detroit Zone. These additional
safety zones are necessary to protect
vessels and spectators from the hazards
associated with fireworks displays.
Such hazards include obstructions to
the waterway that may cause marine
casualties, the explosive danger of
fireworks and debris falling into the
water that may cause death or serious
bodily harm.
Discussion of Comments and Changes
We received zero comments regarding
the proposed rule. There are no
substantive changes to the rule as
proposed by the NPRM published on
April 14, 2010.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the
minimal time that vessels will be
restricted from the zones and the zones
are in areas where the Coast Guard
expects insignificant adverse impact to
mariners from the zones’ activation.
The Coast Guard’s use of these safety
zones will be periodic, of short
duration, and designed to minimize the
impact on navigable waters. These
safety zones will only be enforced
immediately before, during, and after
the time the events occur. Furthermore,
these safety zones have been designed to
E:\FR\FM\09JNR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Rules and Regulations]
[Pages 32664-32666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13810]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0225]
RIN 1625-AA00
Safety Zone; Milwaukee Air and Water Show, Lake Michigan,
Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on Lake Michigan
near Bradford Beach in Milwaukee, Wisconsin. This zone is intended to
restrict vessels from a portion of Lake Michigan due to a large-scale
air show and a fireworks display. This temporary safety zone is
necessary to protect the surrounding public and their vessels from the
hazards associated with a large-scale air show and fireworks display.
DATES: This regulation is effective from 12:01 a.m. on June 10, 2010
until 11:59 p.m. on June 13, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0225 and are available online by going to
https://www.regulations.gov, inserting USCG-2010-0225 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or e-mail Petty Officer Adam Kraft, U.S. Coast
Guard Sector Lake Michigan, at (414) 747-7154 or Adam.D.Kraft@uscg.mil.
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 14, 2010, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Safety Zone; Milwaukee Air and Water Show,
Milwaukee, Wisconsin in the Federal Register (75 FR 19307). The Coast
Guard received 0 comments on this proposed rule. No public meeting was
requested and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that 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 spectators
and vessels during this operation and immediate action is necessary to
prevent possible loss of life or property from the dangers that are
associated with a large scale air show and a fireworks display.
Basis and Purpose
This temporary safety zone is necessary to protect vessels from the
hazards associated with the Milwaukee Air and Water show. The Captain
of the Port, Sector Lake Michigan, has determined that the Milwaukee
Air and Water show does pose significant risks to public safety and
property. The likely combination of congested waterways and a large
scale air show and a fireworks display could easily result in serious
injuries or fatalities.
Discussion of Comments and Changes
No comments were received concerning this event.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
This is not a significant regulatory action because the safety zone
will be in effect for a minimal amount of time. Additionally, the zone
is an area where the Coast Guard expects insignificant adverse impact
to mariners from the zones' activation and vessels may still transit
the area with the permission of the Captain of the Port, Sector Lake
Michigan, or his or her designated on-scene representative.
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 might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of Lake Michigan, Milwaukee, WI between
12:01 p.m. on June 10, 2010 and 11:59 p.m. on June 13, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone will be in effect for only a few days and enforced for only
a few hours. In the event that this temporary safety zone affects
shipping, commercial vessels may request permission from the Captain of
The Port, Sector 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.
[[Page 32665]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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 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 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 (adjusted for
inflation) or more in any one year. Though this rule will 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 cause 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 create 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 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. 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a temporary
safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. Add Sec. 165.T09-0225 to read as follows
Sec. 165.T09-0225 Safety Zone; Milwaukee Air and Water show, Lake
Michigan, Milwaukee, WI.
(a) Location. The following area is a temporary safety zone: A
4,000 yard by 1,000 yard rectangle located on Lake Michigan, parallel
to Bradford Beach in Milwaukee, Wisconsin. The safety zone will
encompass all U.S. waters of Lake Michigan bound by a line drawn from
43[deg]02'57'' N, 087[deg]52'53'' W; then north to 43[deg]04'40'' N,
087[deg]51'29'' W; then east to 43[deg]04'33'' N, 087[deg]51'12'' W;
then south to 43[deg]02'50'' N, 087[deg]52'36'' W; then west returning
to the point of origin (NAD 83).
(b) Effective period. This regulation is effective from 12:01 a.m.
on June 10,
[[Page 32666]]
2010 through 11:59 p.m. on June 13, 2010. It will be enforced between
12 p.m. and 4 p.m. on June 10, 2010, between the hours of 2:30 p.m. and
9:30 p.m. on June 11, 2010, and again between the hours of 9 a.m. and 5
p.m. on June 12 and 13, 2010. The Captain of the Port, Sector Lake
Michigan, or his or her on-scene representative may terminate this
operation at anytime.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan, or his
or her on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan, to act on his or her behalf. The on-scene representative of
the Captain of the Port, Sector Lake Michigan, will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan, or
his or her on-scene representative to obtain permission to do so. The
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port, Sector
Lake Michigan, or his or her on-scene representative.
Dated: May 25, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-13810 Filed 6-8-10; 8:45 am]
BILLING CODE 9110-04-P
