Safety Zone; USA Triathlon; Milwaukee Harbor, Milwaukee, WI, 31415-31417 [2013-12395]

Download as PDF Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations change to the operation of the Third Street Drawbridge, mile 0.0, over China Basin, at San Francisco, CA. The Third Street Drawbridge navigation span provides a vertical clearance of 7 feet above Mean High Water in the closedto-navigation position. The draw opens on signal if at least one hour notice is given as required by 33 CFR 117.149. Navigation on the waterway is recreational. The drawspan will be secured in the closed-to-navigation position 6 a.m. to 1:30 p.m. on June 16, 2013, to allow participants in the San Francisco Marathon to cross the bridge during the event. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised. The drawspan can be operated upon one hour advance notice for emergencies requiring the passage of waterway traffic. Vessels that can transit the bridge, while in the closed-to-navigation position, may continue to do so at any time. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. hazards associated with the 2013 and 2014 Olympic and Sprint Distance National Championships. DATES: This final rule is effective from August 1, 2013, until August 30, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0140. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 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, contact MST1 Joseph McCollum, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747– 7148 or by email at Joseph.P.McCollum@USCG.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Dated: May 9, 2013. D.H. Sulouff, Bridge Section Chief, Eleventh Coast Guard District. Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule [FR Doc. 2013–12396 Filed 5–23–13; 8:45 am] BILLING CODE 9110–04–P A. Regulatory History and Information On March 29, 2013, The Coast Guard published a notice of proposed rulemaking entitled Safety Triathlon; Milwaukee Harbor; Milwaukee, WI in the Federal Register (2013–07281). We did not receive any comments in response to the proposed rule. No public meeting was requested and none was held. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0140] RIN 1625–AA00 Safety Zone; USA Triathlon; Milwaukee Harbor, Milwaukee, WI Coast Guard, DHS. Temporary Final rule. AGENCY: ACTION: The Coast Guard is establishing a safety zone within Milwaukee Harbor, Milwaukee, Wisconsin. This safety zone is intended to restrict vessels from a portion of Milwaukee Harbor due to the 2013 and 2014 Olympic and Sprint Distance National Championships. This safety zone is necessary to protect the surrounding public and vessels from the mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:44 May 23, 2013 Jkt 229001 B. Basis and Purpose The Olympic and Sprint Distance National Championships are scheduled to take place in Milwaukee, Wisconsin in August of 2013 and 2014. These events are expected to attract 4000 participants each year. Participants will compete in a swim—as part of a triathlon competition—across both the Lakeshore inlet and the Discovery World Marina within Milwaukee Harbor. The swim portion of the National Championship is anticipated to occur on August 10 and 11, 2013, and on August 9 and 10, 2014. The Captain of the Port, Lake Michigan, has PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 31415 determined that the likelihood of transiting watercraft during the swim competition involving a large number of competitors presents a significant risk of serious injuries or fatalities. C. Discussion of Comments, Changes and the Final Rule The Captain of the Port, Lake Michigan, has determined that a safety zone is necessary to mitigate the aforementioned safety risks. Thus, this rule establishes a safety zone that encompasses all waters of Milwaukee Harbor, including Lakeshore inlet and Discovery World Marina, west of a line across the entrance to the Discovery World Marina connecting 43°02′15.1″ N, 087°53′37.4″ W and 43°01′44.2″ N, 087°53′44.6″ W (NAD 83). This rule will establish a safety zone within Milwaukee Harbor for the 2013 and 2014 calendar years. This rule will be effective from August 1, 2013, until August 30, 2014. Additionally, the Coast Guard anticipates that this safety zone will be enforced from 6:30 a.m. until 11 a.m. on August 10 and 11, 2013. This 2013 enforcement schedule may change, and in the event of a change, the Captain of the Port, Lake Michigan, will establish an updated enforcement schedule with a Notice of Enforcement. Likewise, the Captain of the Port, Lake Michigan, will establish the 2014 enforcement schedule via a Notice of Enforcement. The Captain of the Port Lake Michigan will use all appropriate means to notify the public when the safety zone established by this rule will be enforced. Consistent with 33 CFR 165.7(a), such means may include, among other things, publication in the Federal Register, Broadcast Notice to Mariners, Local Notice to Mariners, or, upon request, by facsimile (fax). Entry into, transiting, or anchoring within these safety zones during the period of enforcement is prohibited unless authorized by the Captain of the Port, Lake Michigan, or his or her designated on-scene representative. The Captain of the Port, Lake Michigan, or his or her designated on-scene representative may be contacted via VHF Channel 16. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of E:\FR\FM\24MYR1.SGM 24MYR1 31416 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 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 conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for relatively short time. Also, this safety zone is designed to minimize its impact on navigable waters. Furthermore, the safety zone has been designed to allow vessels to transit portions of the waterways not affected by the safety zones. Thus, restrictions on vessel movements within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port, Lake Michigan. On the whole, the Coast Guard expects insignificant adverse impact to mariners from the activation of this safety zone. mstockstill on DSK4VPTVN1PROD with RULES 2. Impact on 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 would 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 within the waters of the Discovery World Marina or Lakeshore inlet during two days in August of 2013 and 2014. 3. 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 rule so that they can better evaluate its effects on them and participate in the rulemaking process. If VerDate Mar<15>2010 17:44 May 23, 2013 Jkt 229001 this rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in FOR FURTHER INFORMATION CONTACT section, above. 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. 4. 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). 5. 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. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. 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 would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 8. Taking of Private Property This rule would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. 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. 10. 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 would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 determined that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of safety zones and thus, is categorically excluded under paragraph (34)(g) of the Instruction. An environmental analysis checklist E:\FR\FM\24MYR1.SGM 24MYR1 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 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: contact the Captain of the Port, Lake Michigan or his on-scene representative to obtain permission to do so. (5) The Captain of the Port, Lake Michigan or his 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, Lake Michigan, or his on-scene representative. PART 165— REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Dated: May 3, 2013. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. supporting this determination is available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 [FR Doc. 2013–12395 Filed 5–23–13; 8:45 am] 1. The authority citation for part 165 continues to read as follows: ■ BILLING CODE 9110–04–P Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 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.T09–0140 to read as follows: ■ mstockstill on DSK4VPTVN1PROD with RULES (a) Location. All waters of Milwaukee Harbor, including Lakeshore inlet and Discovery World Marina, west of a line across the entrance to the Discovery World Marina connecting 43°02′15.1″ N, 087°53′37.4″ W and 43°01′44.2″ N, 087°53′44.6″ W (NAD 83). (b) Effective Period. This section is effective from August 1, 2013, until August 30, 2014. This safety zone will be enforced for periods in August 2013 and 2014. The Captain of the Port, Lake Michigan, will establish an enforcement schedule via a Notice of Enforcement when the exact dates are known. The Captain of the Port, Lake Michigan, will also establish the 2014 enforcement schedule via a Notice of Enforcement. (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, 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 representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port, Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been his designated by the Captain of the Port, Lake Michigan to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone shall 17:44 May 23, 2013 Jkt 229001 40 CFR Part 300 [EPA–HQ–SFUND–2012–0064, 0598, 0599, 0600, 0601, 0602, 0603, 0604, 0606, 0607 and 0647; FRL–9815–1] § 165.T09–0140 Safety Zone; USA Triathlon, Milwaukee Harbor, Milwaukee, Wisconsin. VerDate Mar<15>2010 ENVIRONMENTAL PROTECTION AGENCY National Priorities List, Final Rule No. 56 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (‘‘CERCLA’’ or ‘‘the Act’’), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (‘‘NCP’’) include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (‘‘NPL’’) constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (‘‘the EPA’’ or ‘‘the agency’’) in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule: Adds eight sites to the General Superfund section of the NPL; adds one site to the Federal Facilities section of the NPL; corrects an error in a footnote; and corrects an error in the state location for Five Points PCE Plume site. DATES: Effective Date: The effective date for this amendment to the NCP is June 24, 2013. SUMMARY: PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 31417 Contact information for the EPA Headquarters: • Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue NW.; EPA West, Room 3334, Washington, DC 20004, 202/566–0276. The contact information for the Regional Dockets is as follows: • Joan Berggren, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, Superfund Records and Information Center, 5 Post Office Square, Suite 100, Boston, MA 02109–3912; 617/918–1417. • Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New York, NY 10007–1866; 212/637– 4344. • Dawn Shellenberger (ASRC), Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1650 Arch Street, Mail Code 3PM52, Philadelphia, PA 19103; 215/ 814–5364. • Debbie Jourdan, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61 Forsyth Street, SW., Mailcode 9T25, Atlanta, GA 30303; 404/562– 8862. • Todd Quesada, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund Division Librarian/SFD Records Manager SRC–7J, Metcalfe Federal Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/886–4465. • Brenda Cook, Region 6 (AR, LA, NM, OK, TX), U.S. EPA, 1445 Ross Avenue, Suite 1200, Mailcode 6SFTS, Dallas, TX 75202–2733; 214/665– 7436. • Michelle Quick, Region 7 (IA, KS, MO, NE), U.S. EPA, 901 North 5th Street, Mailcode SUPRERNB, Kansas City, KS 66101; 913/551–7335. • Sabrina Forrest, Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop Street, Mailcode 8EPR–B, Denver, CO 80202–1129; 303/312– 6484. • Karen Jurist, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S. EPA, 75 Hawthorne Street, Mail Code SFD–9– 1, San Francisco, CA 94105; 415/972– 3219. • Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th Avenue, Mail Code ECL–112, Seattle, WA 98101; 206/463–1349. FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone: (703) 603–8852, email: jeng.terry@epa.gov, Site Assessment and Remedy Decisions Branch, Assessment and Remediation Division, Office of Superfund Remediation and Technology Innovation (Mailcode 5204P), U.S. Environmental Protection Agency; 1200 Pennsylvania Avenue NW., Washington, ADDRESSES: E:\FR\FM\24MYR1.SGM 24MYR1

Agencies

[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Rules and Regulations]
[Pages 31415-31417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12395]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0140]
RIN 1625-AA00


Safety Zone; USA Triathlon; Milwaukee Harbor, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

-----------------------------------------------------------------------

SUMMARY:  The Coast Guard is establishing a safety zone within 
Milwaukee Harbor, Milwaukee, Wisconsin. This safety zone is intended to 
restrict vessels from a portion of Milwaukee Harbor due to the 2013 and 
2014 Olympic and Sprint Distance National Championships. This safety 
zone is necessary to protect the surrounding public and vessels from 
the hazards associated with the 2013 and 2014 Olympic and Sprint 
Distance National Championships.

DATES: This final rule is effective from August 1, 2013, until August 
30, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0140. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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, 
contact MST1 Joseph McCollum, Prevention Department, Coast Guard Sector 
Lake Michigan, Milwaukee, WI at (414) 747-7148 or by email at 
Joseph.P.McCollum@USCG.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On March 29, 2013, The Coast Guard published a notice of proposed 
rulemaking entitled Safety Triathlon; Milwaukee Harbor; Milwaukee, WI 
in the Federal Register (2013-07281). We did not receive any comments 
in response to the proposed rule. No public meeting was requested and 
none was held.

B. Basis and Purpose

    The Olympic and Sprint Distance National Championships are 
scheduled to take place in Milwaukee, Wisconsin in August of 2013 and 
2014. These events are expected to attract 4000 participants each year. 
Participants will compete in a swim--as part of a triathlon 
competition--across both the Lakeshore inlet and the Discovery World 
Marina within Milwaukee Harbor. The swim portion of the National 
Championship is anticipated to occur on August 10 and 11, 2013, and on 
August 9 and 10, 2014. The Captain of the Port, Lake Michigan, has 
determined that the likelihood of transiting watercraft during the swim 
competition involving a large number of competitors presents a 
significant risk of serious injuries or fatalities.

C. Discussion of Comments, Changes and the Final Rule

    The Captain of the Port, Lake Michigan, has determined that a 
safety zone is necessary to mitigate the aforementioned safety risks. 
Thus, this rule establishes a safety zone that encompasses all waters 
of Milwaukee Harbor, including Lakeshore inlet and Discovery World 
Marina, west of a line across the entrance to the Discovery World 
Marina connecting 43[deg]02'15.1'' N, 087[deg]53'37.4'' W and 
43[deg]01'44.2'' N, 087[deg]53'44.6'' W (NAD 83).
    This rule will establish a safety zone within Milwaukee Harbor for 
the 2013 and 2014 calendar years. This rule will be effective from 
August 1, 2013, until August 30, 2014. Additionally, the Coast Guard 
anticipates that this safety zone will be enforced from 6:30 a.m. until 
11 a.m. on August 10 and 11, 2013. This 2013 enforcement schedule may 
change, and in the event of a change, the Captain of the Port, Lake 
Michigan, will establish an updated enforcement schedule with a Notice 
of Enforcement. Likewise, the Captain of the Port, Lake Michigan, will 
establish the 2014 enforcement schedule via a Notice of Enforcement.
    The Captain of the Port Lake Michigan will use all appropriate 
means to notify the public when the safety zone established by this 
rule will be enforced. Consistent with 33 CFR 165.7(a), such means may 
include, among other things, publication in the Federal Register, 
Broadcast Notice to Mariners, Local Notice to Mariners, or, upon 
request, by facsimile (fax).
    Entry into, transiting, or anchoring within these safety zones 
during the period of enforcement is prohibited unless authorized by the 
Captain of the Port, Lake Michigan, or his or her designated on-scene 
representative. The Captain of the Port, Lake Michigan, or his or her 
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of

[[Page 31416]]

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 conclude that this rule is not a significant 
regulatory action because we anticipate that it will have minimal 
impact on the economy, will not interfere with other agencies, will not 
adversely alter the budget of any grant or loan recipients, and will 
not raise any novel legal or policy issues. The safety zone created by 
this rule will be relatively small and enforced for relatively short 
time. Also, this safety zone is designed to minimize its impact on 
navigable waters. Furthermore, the safety zone has been designed to 
allow vessels to transit portions of the waterways not affected by the 
safety zones. Thus, restrictions on vessel movements within that 
particular area are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port, Lake Michigan. On the whole, the 
Coast Guard expects insignificant adverse impact to mariners from the 
activation of this safety zone.

2. Impact on 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 
would 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 within the waters of the Discovery World 
Marina or Lakeshore inlet during two days in August of 2013 and 2014.

3. 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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. If this 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in FOR FURTHER 
INFORMATION CONTACT section, above.
    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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. 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.

10. 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

 11. 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.

 12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of safety zones and 
thus, is categorically excluded under paragraph (34)(g) of the 
Instruction. An environmental analysis checklist

[[Page 31417]]

supporting this determination is 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapters 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.T09-0140 to read as follows:


Sec.  165.T09-0140  Safety Zone; USA Triathlon, Milwaukee Harbor, 
Milwaukee, Wisconsin.

    (a) Location. All waters of Milwaukee Harbor, including Lakeshore 
inlet and Discovery World Marina, west of a line across the entrance to 
the Discovery World Marina connecting 43[deg]02'15.1'' N, 
087[deg]53'37.4'' W and 43[deg]01'44.2'' N, 087[deg]53'44.6'' W (NAD 
83).
    (b) Effective Period. This section is effective from August 1, 
2013, until August 30, 2014. This safety zone will be enforced for 
periods in August 2013 and 2014. The Captain of the Port, Lake 
Michigan, will establish an enforcement schedule via a Notice of 
Enforcement when the exact dates are known. The Captain of the Port, 
Lake Michigan, will also establish the 2014 enforcement schedule via a 
Notice of Enforcement.
    (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, 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 representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Lake Michigan is any Coast Guard commissioned, warrant or petty officer 
who has been his designated by the Captain of the Port, Lake Michigan 
to act on his behalf.
    (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.
    (5) The Captain of the Port, Lake Michigan or his 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, Lake 
Michigan, or his on-scene representative.

    Dated: May 3, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-12395 Filed 5-23-13; 8:45 am]
BILLING CODE 9110-04-P