Safety Zone; Triathlon National Championships, Milwaukee Harbor, Milwaukee, Wisconsin, 78369-78372 [2014-30491]
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Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Proposed Rules
and electronically ensure the waterway
is clear before the bridge closes. The
video and sensors are located and
monitored at the remote operating
location in Mt. Laurel, NJ. The channel
sensors signal will be a direct input to
the bridge control system. In the event
of failure or obstruction of the infrared
channel sensors, the bridge will
automatically stop closing and the
South Jersey Train Dispatcher will
return the bridge to the open position.
In the event of video failure the bridge
will remain in the full open position.
(6) The Conrail Railroad center span
light will change from fixed green to
flashing red anytime the bridge is not in
the full open position.
(7) Prior to downward movement of
the span, the horn will sound two
prolonged blasts, followed by a pause,
and then two short blasts until the
bridge is seated and locked down. At
the time of movement, the center span
light will change from fixed green to
flashing red and remain flashing until
the bridge has returned to its full open
position.
(8) When the train controller at Mt.
Laurel has verified that rail traffic has
cleared, they will sound the horn five
times to signal the draw is about to
return to its full open position.
(9) During upward movement of the
span, the horn will sound two
prolonged blasts, followed by a pause,
and then sound two short blasts until
the bridge is in the full open position.
The center span light will continue to
flash red until the bridge is in the fully
open position.
(10) When the draw cannot be
operated from the remote site, a bridge
tender must be called to operate the
bridge in the traditional manner.
Personnel shall be dispatched to arrive
at the bridge as soon as possible, but not
more than one hour after malfunction or
disability of the remote system.
*
*
*
*
*
Dated: December 11, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2014–0751]
Safety Zone; Triathlon National
Championships, Milwaukee Harbor,
Milwaukee, Wisconsin
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
The Coast Guard proposes to
establish a safety zone within
Milwaukee Harbor in Milwaukee,
Wisconsin. This zone is intended to
restrict vessels from a portion of
Milwaukee Harbor due to the 2015
Olympic and Sprint Distance National
Championships. This proposed safety
zone is necessary to protect the
surrounding public and vessels from the
hazards associated with the 2015
Olympic and Sprint Distance National
Championships.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before January 29, 2015.
ADDRESSES: You may submit comments
identified by docket number USCG–
2014–0751 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Delivery: Same as mail address
above, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these four methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Petty Officer Joseph
McCollum, U.S. Coast Guard Sector
Lake Michigan; telephone 414–747–
7148, email Joseph.P.McCollum@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826.
DATES:
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Table of Acronyms
A. Public Participation and Request for
Comments
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SUPPLEMENTARY INFORMATION:
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
33 CFR Part 165
ACTION:
78369
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We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2014–0751),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2014–0751’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
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2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number USCG–2014–0751 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. You may submit a request for
one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
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B. Regulatory History and Information
The Coast Guard established a
temporary safety zone in Milwaukee
Harbor for the Olympic and Sprint
Distance National Championships
which were scheduled for August of
2013 and 2014. On May 24, 2013, the
Coast Guard published a TFR entitled
Safety Zone; USA Triathlon; Milwaukee
Harbor, Milwaukee, Wisconsin in the
Federal Register (78 FR 31415). That
final rule published after a notice of
proposed rulemaking was submitted for
public comment in the Federal Register
(78 FR 19158).
C. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
safety zones: 33 U.S.C. 1231; 33 CFR
1.05–1, 160.5; Department of Homeland
Security Delegation No. 0170.1.
In 2014, the Coast Guard was
informed that the Olympic and Sprint
Distance National Championships are
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scheduled to return to Milwaukee
Harbor in 2015. Within and around
Milwaukee Harbor at Lakeshore inlet,
this event is expected to involve
thousands of participants competing in
a swim race surrounded by thousands of
spectators. The swim portion of this
event is anticipated to occur on three
days during the second week of August,
2015. 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.
D. Discussion of Proposed Rule
The Captain of the Port Lake
Michigan has determined that a safety
zone is necessary to mitigate the
aforementioned safety risks. Thus, this
proposed rule establishes a safety zone
that encompasses all waters of
Milwaukee Harbor, including Lakeshore
inlet and the Marina at Pier Wisconsin,
west of an imaginary line across the
entrance to the Marina at Pier
Wisconsin connecting coordinates
43°02.253′ N, 087°53.623′ W and
43°01.737′ N, 087°53.727′ W (NAD 83).
This proposed rule will be effective
from August 1, 2015, until August 30,
2015. Additionally, the Coast Guard
anticipates that this safety zone will be
enforced from 10:30 a.m. until 2:30 p.m.
on August 7; from 6:30 a.m. until 4:30
p.m. on August 8, and from 6:30 a.m.
until 11:30 a.m. on August 9, 2015. This
2015 enforcement schedule may change,
and in the event of a change, the
Captain of the Port Lake Michigan will
issue a Notice of Enforcement with an
updated enforcement schedule.
The Captain of the Port Lake
Michigan will notify the public that the
zone in this proposal is or will be
enforced by all appropriate means to the
affected segments of the public
including publication in the Federal
Register as practicable, in accordance
with 33 CFR 165.7(a). Such means of
notification may also include, but are
not limited to Broadcast Notice to
Mariners or Local Notice to Mariners.
All persons and vessels shall comply
with the instructions of the Captain of
the Port Lake Michigan or her
designated on-scene representative.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Lake Michigan or her designated
on-scene representative. The Captain of
the Port Lake Michigan or her
designated on-scene representative may
be contacted via VHF Channel 16.
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E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We conclude that this proposed
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.
Overall, we expect the economic impact
of this proposed rule to be minimal and
that a full Regulatory Evaluation is
unnecessary.
2. Impact on Small Entities
Under The Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed 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
marina at Pier Wisconsin or Lakeshore
inlet during the times in which the
safety zone is enforced in August of
2015.
This proposed safety zone will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: This proposed
rule will be enforced for a limited time
during the month of August; this
proposed safety zone has been designed
to allow traffic to pass safely around the
zone whenever possible, and vessels
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will be allowed to pass through the zone
with the permission of the Captain of
the Port. If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Petty Officer
Joseph McCollum, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747–
7148. The Coast Guard will not retaliate
against small entities that question or
complain about this proposed rule or
any policy or action of the Coast Guard.
4. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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
proposed rule would not result in such
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would 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.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed 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.
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5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it does
not have implications for federalism.
11. Indian Tribal Governments
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.
12. Energy Effects
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
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This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
This proposed rule 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
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78371
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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. An
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves the establishment of a safety
zone and is therefore categorically
excluded under figure 2–1, paragraph
34(g) of the Instruction. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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 proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 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.T09–0751 to read as
follows:
■
§ 165.T09–0751 Safety Zone; Triathlon
National Championships, Milwaukee
Harbor, Milwaukee, Wisconsin.
(a) Location. The safety zone will
encompass all waters of Milwaukee
Harbor, including Lakeshore inlet and
the marina at Pier Wisconsin, west of an
imaginary line across the entrance to the
Marina at Pier Wisconsin connecting
coordinates 43°02.253′ N, 087°53.623′ W
and 43°01.737′ N, 087°53.727′ W (NAD
83).
(b) Effective Period. This safety zone
is effective from August 1, 2015, until
August 30, 2015. The Coast Guard
anticipates that this safety zone will be
enforced from 10:30 a.m. until 2:30 p.m.
on August 7; from 6:30 a.m. until 4:30
p.m. on August 8, and from 6:30 a.m.
until 11:30 a.m. on August 9, 2015. This
2015 enforcement schedule may change,
and in the event of a change, the
Captain of the Port Lake Michigan will
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issue a Notice of Enforcement with an
updated enforcement schedule.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring in this
safety zone is prohibited unless
authorized by the Captain of the Port
Lake Michigan or her designated onscene representative.
(2) This safety zone is closed to all
vessel traffic except as permitted by the
Captain of the Port Lake Michigan or her
designated on-scene 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
designated by the Captain of the Port
Lake Michigan to act on her behalf. The
Captain of the Port Lake Michigan or her
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 her designated on-scene
representative to obtain permission to
do so. 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 her on-scene
representative.
Dated: December 3, 2014.
A.B. Cocanour,
Captain, U. S. Coast Guard, Captain of the
Port Lake Michigan.
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BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2013–0005; FRL–9920–97–
Region 10]
Approval and Promulgation of
Implementation Plans; Klamath Falls,
Oregon Nonattainment Area; Fine
Particulate Matter Emissions Inventory
and SIP Strengthening Measures
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Oregon Department of
Environmental Quality (ODEQ)
submitted a revision to the State
Implementation Plan (SIP), dated
December 14, 2012, to address Clean Air
Act (CAA or the Act) requirements for
the Klamath Falls, Oregon
nonattainment area for the 2006 24-hour
fine particulate matter (PM2.5) national
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ambient air quality standard (NAAQS).
The EPA proposes to approve the
emissions inventory contained in the
ODEQ’s submittal as meeting the
requirement to submit a comprehensive,
accurate, and current inventory of direct
PM2.5 and PM2.5 precursor emissions in
Klamath Falls, Oregon. The EPA also
proposes to approve PM2.5 control
measures contained in the December
2012 submittal because incorporation of
these measures will strengthen the
Oregon SIP and reduce sources of PM2.5
emissions in the Klamath Falls, Oregon
nonattainment area (Klamath Falls
NAA) that contribute to violations of the
2006 PM2.5 NAAQS.
DATES: Comments must be received on
or before January 29, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2013–0005, by any of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: R10-Public_Comments@
epa.gov.
• Mail: Justin A. Spenillo, EPA
Region 10, Office of Air, Waste and
Toxics (AWT–150), 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101.
• Hand Delivery/Courier: EPA Region
10, 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101. Attention: Justin A.
Spenillo, Office of Air, Waste and
Toxics, AWT–150. Such deliveries are
only accepted during normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2013–
0005. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information that
you consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
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Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information,
the disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle
WA, 98101.
FOR FURTHER INFORMATION CONTACT:
Justin A. Spenillo at (206) 553–6125,
spenillo.justin@epa.gov, or the above
EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background
A. PM2.5 National Ambient Air Quality
Standards
B. Designation of PM2.5 Nonattainment
Areas
C. Submittal Requirements for PM2.5
Nonattainment Areas
II. Analysis of the State’s Submittal
A. Emissions Inventory
B. Description of the Klamath County PM2.5
Control Measures
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. PM2.5 National Ambient Air Quality
Standards
Under section 109 of the CAA, the
EPA establishes NAAQS for certain
pervasive air pollutants (referred to as
‘‘criteria pollutants’’) and conducts
periodic reviews of the NAAQS to
determine whether they should be
revised or whether new NAAQS should
be established. After a new NAAQS is
established or an existing NAAQS is
revised, all areas across the country are
evaluated to determine whether they
meet the new or revised standard, and
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]]>Agencies
[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Proposed Rules]
[Pages 78369-78372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30491]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0751]
RIN 1625-AA00
Safety Zone; Triathlon National Championships, Milwaukee Harbor,
Milwaukee, Wisconsin
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a safety zone within
Milwaukee Harbor in Milwaukee, Wisconsin. This zone is intended to
restrict vessels from a portion of Milwaukee Harbor due to the 2015
Olympic and Sprint Distance National Championships. This proposed
safety zone is necessary to protect the surrounding public and vessels
from the hazards associated with the 2015 Olympic and Sprint Distance
National Championships.
DATES: Comments and related material must be received by the Coast
Guard on or before January 29, 2015.
ADDRESSES: You may submit comments identified by docket number USCG-
2014-0751 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Petty Officer Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan; telephone 414-747-7148, email
Joseph.P.McCollum@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, 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
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2014-0751), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at https://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online, it will be considered received by the Coast Guard when
you successfully transmit the comment. If you fax, hand deliver, or
mail your comment, it will be considered as having been received by the
Coast Guard when it is received at the Docket Management Facility. We
recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2014-0751'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
[[Page 78370]]
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number USCG-2014-0751 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. We have an agreement with the Department of Transportation to
use the Docket Management Facility.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
B. Regulatory History and Information
The Coast Guard established a temporary safety zone in Milwaukee
Harbor for the Olympic and Sprint Distance National Championships which
were scheduled for August of 2013 and 2014. On May 24, 2013, the Coast
Guard published a TFR entitled Safety Zone; USA Triathlon; Milwaukee
Harbor, Milwaukee, Wisconsin in the Federal Register (78 FR 31415).
That final rule published after a notice of proposed rulemaking was
submitted for public comment in the Federal Register (78 FR 19158).
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
In 2014, the Coast Guard was informed that the Olympic and Sprint
Distance National Championships are scheduled to return to Milwaukee
Harbor in 2015. Within and around Milwaukee Harbor at Lakeshore inlet,
this event is expected to involve thousands of participants competing
in a swim race surrounded by thousands of spectators. The swim portion
of this event is anticipated to occur on three days during the second
week of August, 2015. 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.
D. Discussion of Proposed Rule
The Captain of the Port Lake Michigan has determined that a safety
zone is necessary to mitigate the aforementioned safety risks. Thus,
this proposed rule establishes a safety zone that encompasses all
waters of Milwaukee Harbor, including Lakeshore inlet and the Marina at
Pier Wisconsin, west of an imaginary line across the entrance to the
Marina at Pier Wisconsin connecting coordinates 43[deg]02.253' N,
087[deg]53.623' W and 43[deg]01.737' N, 087[deg]53.727' W (NAD 83).
This proposed rule will be effective from August 1, 2015, until
August 30, 2015. Additionally, the Coast Guard anticipates that this
safety zone will be enforced from 10:30 a.m. until 2:30 p.m. on August
7; from 6:30 a.m. until 4:30 p.m. on August 8, and from 6:30 a.m. until
11:30 a.m. on August 9, 2015. This 2015 enforcement schedule may
change, and in the event of a change, the Captain of the Port Lake
Michigan will issue a Notice of Enforcement with an updated enforcement
schedule.
The Captain of the Port Lake Michigan will notify the public that
the zone in this proposal is or will be enforced by all appropriate
means to the affected segments of the public including publication in
the Federal Register as practicable, in accordance with 33 CFR
165.7(a). Such means of notification may also include, but are not
limited to Broadcast Notice to Mariners or Local Notice to Mariners.
All persons and vessels shall comply with the instructions of the
Captain of the Port Lake Michigan or her designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Lake
Michigan or her designated on-scene representative. The Captain of the
Port Lake Michigan or her designated on-scene representative may be
contacted via VHF Channel 16.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this proposed 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. Overall, we expect
the economic impact of this proposed rule to be minimal and that a full
Regulatory Evaluation is unnecessary.
2. Impact on Small Entities
Under The Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed 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 marina at Pier Wisconsin or Lakeshore inlet during the times in
which the safety zone is enforced in August of 2015.
This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This proposed rule will be enforced for a limited time during
the month of August; this proposed safety zone has been designed to
allow traffic to pass safely around the zone whenever possible, and
vessels
[[Page 78371]]
will be allowed to pass through the zone with the permission of the
Captain of the Port. If you think that your business, organization, or
governmental jurisdiction qualifies as a small entity and that this
rule would have a significant economic impact on it, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and how
and to what degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Petty Officer Joseph McCollum,
Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI
at (414) 747-7148. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed 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 proposed rule would not
result in such expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. An environmental analysis
checklist supporting this determination is available in the docket
where indicated under ADDRESSES. This proposed rule involves the
establishment of a safety zone and is therefore categorically excluded
under figure 2-1, paragraph 34(g) of the Instruction. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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 proposes
to amend 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. 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.T09-0751 to read as follows:
Sec. 165.T09-0751 Safety Zone; Triathlon National Championships,
Milwaukee Harbor, Milwaukee, Wisconsin.
(a) Location. The safety zone will encompass all waters of
Milwaukee Harbor, including Lakeshore inlet and the marina at Pier
Wisconsin, west of an imaginary line across the entrance to the Marina
at Pier Wisconsin connecting coordinates 43[deg]02.253' N,
087[deg]53.623' W and 43[deg]01.737' N, 087[deg]53.727' W (NAD 83).
(b) Effective Period. This safety zone is effective from August 1,
2015, until August 30, 2015. The Coast Guard anticipates that this
safety zone will be enforced from 10:30 a.m. until 2:30 p.m. on August
7; from 6:30 a.m. until 4:30 p.m. on August 8, and from 6:30 a.m. until
11:30 a.m. on August 9, 2015. This 2015 enforcement schedule may
change, and in the event of a change, the Captain of the Port Lake
Michigan will
[[Page 78372]]
issue a Notice of Enforcement with an updated enforcement schedule.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring in this safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or her designated on-scene representative.
(2) This safety zone is closed to all vessel traffic except as
permitted by the Captain of the Port Lake Michigan or her designated
on-scene 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 designated by the Captain of the Port Lake Michigan to act on
her behalf. The Captain of the Port Lake Michigan or her 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 her
designated on-scene representative to obtain permission to do so.
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 her on-scene representative.
Dated: December 3, 2014.
A.B. Cocanour,
Captain, U. S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2014-30491 Filed 12-29-14; 8:45 am]
BILLING CODE 9110-04-P
