Safety Zone; Nighttime Air Show, Milwaukee Harbor; Milwaukee, Wisconsin, 32318-32321 [2015-13928]

Download as PDF 32318 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Proposed Rules The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Pratt & Whitney: Docket No. FAA–2015– 0869; Directorate Identifier 2015–NE– 11–AD. (a) Comments Due Date We must receive comments by August 7, 2015. (b) Affected ADs None. (d) Unsafe Condition This AD was prompted by crack finds in the 6th stage LPT disk. We are issuing this AD to prevent failure of the 6th stage LPT disk, which could lead to an uncontained disk release, damage to the engine, and damage to the airplane. Table of Acronyms 33 CFR Part 165 [Docket No. USCG–2015–0443] RIN 1625–AA00 Coast Guard, DHS. ACTION: Notice of proposed rulemaking. (i) Alternative Methods of Compliance (AMOCs) The Manager, Engine Certification Office, FAA, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request. You may email your request to: ANE-AD-AMOC@faa.gov. (j) Related Information (1) For more information about this AD, contact Katheryn Malatek, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA Jkt 235001 Coast Guard AGENCY: (f) Definition For the purpose of this AD, an ‘‘LPT shop visit’’ is defined as maintenance which involves disassembly of the LPT rotor module. mstockstill on DSK4VPTVN1PROD with PROPOSALS BILLING CODE 4910–13–P Issued in Burlington, Massachusetts, on May 12, 2015. Colleen M. D’Alessandro, Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft Certification Service. Safety Zone; Nighttime Air Show, Milwaukee Harbor; Milwaukee, Wisconsin (e) Compliance Comply with this AD within the compliance times specified, unless already done. At the next LPT shop visit after the effective date of this AD, remove from service 6th stage LPT disks with serial numbers listed in the Accomplishment Instructions, Table 1, of PW Service Bulletin (SB) No. PW4G–100–72–252, dated November 18, 2014. 16:31 Jun 05, 2015 [FR Doc. 2015–13742 Filed 6–5–15; 8:45 am] 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: DEPARTMENT OF HOMELAND SECURITY (c) Applicability This AD applies to all Pratt & Whitney (PW) PW4164, PW4168, PW4168A, PW4164– 1D, PW4168–1D, PW4168A–1D, and PW4170 turbofan engines with 6th stage low-pressure turbine (LPT) disks, part number 50N886, installed. VerDate Sep<11>2014 01803; phone: 781–238–7747; fax: 781–238– 7199; email: katheryn.malatek@faa.gov. (2) PW SB No. PW4G–100–72–252, dated November 18, 2014, can be obtained from Pratt & Whitney using the contact information in paragraph (j)(3) of this proposed rule. (3) For service information identified in this proposed rule, contact Pratt & Whitney, 400 Main St., East Hartford, CT 06108; phone: 860–565–8770; fax: 860–565–4503. (4) You may view this service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781–238–7125. 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 an air show. This proposed safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the air show. DATES: Comments and related material must be received by the Coast Guard on or before July 8, 2015. ADDRESSES: You may submit comments identified by docket number USCG– 2015–0443 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., SUMMARY: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 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–2015–0443), 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 E:\FR\FM\08JNP1.SGM 08JNP1 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Proposed Rules ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2015–0443’’ 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. 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–2015–0443 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. mstockstill on DSK4VPTVN1PROD with PROPOSALS 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 On February 18, 2015, the Coast Guard published a Final Rule entitled Safety Zones; Annual Events Requiring Safety zones in the Captain of the Port Lake Michigan Zone in the Federal VerDate Sep<11>2014 16:31 Jun 05, 2015 Jkt 235001 Register (80 FR 8536). This final rule included a safety zone for the daytime operation of the Milwaukee Air and Water Show in the vicinity of McKinley Park in Table 165.929(f)(2). 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 May of 2015 the Coast Guard confirmed through the sponsors of the Milwaukee Air and Water Show that an additional air show will be added to the show this year. This additional show, expected to consist of maneuvering aircraft and parachuters, is scheduled to occur over a different location and at a differing time than the daytime air show. This night show is expected to occur over the waters of Milwaukee Harbor in the vicinity of Lakeshore State Park. The night show is expected to occur between 6 p.m. and 10 p.m. on July 25, 2015. This nighttime air show is expected to draw a large group of waterborne spectators. The Captain of the Port Lake Michigan has determined that the likelihood of transiting vessels in the waters over which the nighttime air show participants will fly presents a significant risk of serious injuries or fatalities. Such hazards include flaming debris from dropped flares, and falling aircraft. 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 in the vicinity of Lakeshore State Park within an area bounded by the following coordinates, beginning at 43°02.547′N., 087°53.478′W., then southeast to 43°02.478′N., 087°52.877′W., then southwest to 43°01.493′N., 087°53.104′W., then northwest to 43°01.564′N., 087°53.697′W., then northwest returning to the point of origin (NAD 83). This proposed rule will be effective from July 23, 2015 until July 26, 2015. This proposed rule would be enforced from 6 p.m. until 10 p.m. on each day from July 24, 2015 until July 26, 2015. The Captain of the Port Lake Michigan will notify the public that the zone in this proposed rule is or will be enforced 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. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 32319 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 Milwaukee Harbor in Milwaukee, E:\FR\FM\08JNP1.SGM 08JNP1 32320 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Proposed Rules Wisconsin during the times in which the safety zone is enforced in July 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 July; this proposed safety zone has been designed to allow traffic to pass safely around the zone whenever possible, and vessels 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. mstockstill on DSK4VPTVN1PROD with PROPOSALS 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.). 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. 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 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 12. Energy Effects VerDate Sep<11>2014 16:31 Jun 05, 2015 Jkt 235001 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 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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 record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 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.T09–0443 to read as follows: ■ § 165.T09–0443 Safety Zone; Nighttime Air Show, Milwaukee Harbor, Milwaukee, Wisconsin. (a) Location. This zone will encompass all waters of Milwaukee Harbor in the vicinity of Lakeshore State Park within an area bounded by the following coordinates, beginning at 43°02.547′ N., 087°53.478′ W., then southeast to 43°02.478′ N., 087°52.877′ W., then southwest to 43°01.493′ N., E:\FR\FM\08JNP1.SGM 08JNP1 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Proposed Rules 087°53.104′ W., then northwest to 43°01.564′ N., 087°53.697′ W., then northwest returning to the point of origin (NAD 83). (b) Effective period. This proposed rule will be effective from July 23, 2015 until July 26, 2015. This proposed rule would be enforced from 6 p.m. until 10 p.m. on each day from July 24, 2015 until July 26, 2015. (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 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: May 19, 2015. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. 2015–13928 Filed 6–5–15; 8:45 am] BILLING CODE 9110–04–P Table of Acronyms DEPARTMENT OF HOMELAND SECURITY CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking Coast Guard 33 CFR PART 165 [Docket No. USCG–2015–0215] mstockstill on DSK4VPTVN1PROD with PROPOSALS RIN 1625–AA00 Safety Zones; Recurring Events in Captain of the Port Duluth Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend its safety zones regulations for annual events in the Captain of the Port Duluth Zone. This proposed rule would SUMMARY: VerDate Sep<11>2014 16:31 Jun 05, 2015 Jkt 235001 update the locations for two safety zones, add two safety zones, and modify the format of the regulation to list the annual events and corresponding safety zones in table form. These proposed amendments will protect spectators, participants, and vessels from the hazards associated with annual marine events and improve the clarity and readability of the regulations. DATES: Comments and related material must be received by the Coast Guard on or before July 8, 2015. ADDRESSES: You may submit comments identified by docket number USCG– 2015–0215 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail and Hand Delivery: 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. Hand Deliveries will be accepted between 9 a.m. and 5 p.m., Monday through Friday, except on 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 further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Chief Aaron Woof, Marine Safety Unit Duluth, U.S. Coast Guard; telephone (218) 725–3821 or by email Aaron.M.Woof@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: 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 32321 rulemaking (USCG–2015–0215), 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 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, email address, or 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, type the docket number USCG–2015–0215 in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on the comment box in the row listing this NPRM. If you submit your comment 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 your comment by mail and would like to verify that they have reached the Docket Management Facility, please enclose a stamped, self-addressed postcard or envelope and it will be returned to you. We will consider all comments and material received during the comment period and may change the proposed rule based on your comments. 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–2015–0215 in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on ‘‘Open Docket Folder’’ on the line associated with this rulemaking. You may also visit the Document Management Facility in Room W12–140 on the ground floor of the U.S. 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 on Federal holidays. 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 E:\FR\FM\08JNP1.SGM 08JNP1

Agencies

[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Proposed Rules]
[Pages 32318-32321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13928]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0443]
RIN 1625-AA00


Safety Zone; Nighttime Air Show, 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 an air show. 
This proposed safety zone is necessary to protect the surrounding 
public and vessels from the hazards associated with the air show.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 8, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0443 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-2015-0443), 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

[[Page 32319]]

``Document Type'' drop down menu select ``Proposed Rule'' and insert 
``USCG-2015-0443'' 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.

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-2015-0443 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

    On February 18, 2015, the Coast Guard published a Final Rule 
entitled Safety Zones; Annual Events Requiring Safety zones in the 
Captain of the Port Lake Michigan Zone in the Federal Register (80 FR 
8536). This final rule included a safety zone for the daytime operation 
of the Milwaukee Air and Water Show in the vicinity of McKinley Park in 
Table 165.929(f)(2).

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 May of 2015 the Coast Guard confirmed through the sponsors of 
the Milwaukee Air and Water Show that an additional air show will be 
added to the show this year. This additional show, expected to consist 
of maneuvering aircraft and parachuters, is scheduled to occur over a 
different location and at a differing time than the daytime air show. 
This night show is expected to occur over the waters of Milwaukee 
Harbor in the vicinity of Lakeshore State Park. The night show is 
expected to occur between 6 p.m. and 10 p.m. on July 25, 2015. This 
nighttime air show is expected to draw a large group of waterborne 
spectators. The Captain of the Port Lake Michigan has determined that 
the likelihood of transiting vessels in the waters over which the 
nighttime air show participants will fly presents a significant risk of 
serious injuries or fatalities. Such hazards include flaming debris 
from dropped flares, and falling aircraft.

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 in the vicinity of Lakeshore State Park 
within an area bounded by the following coordinates, beginning at 
43[deg]02.547'N., 087[deg]53.478'W., then southeast to 
43[deg]02.478'N., 087[deg]52.877'W., then southwest to 
43[deg]01.493'N., 087[deg]53.104'W., then northwest to 
43[deg]01.564'N., 087[deg]53.697'W., then northwest returning to the 
point of origin (NAD 83).
    This proposed rule will be effective from July 23, 2015 until July 
26, 2015. This proposed rule would be enforced from 6 p.m. until 10 
p.m. on each day from July 24, 2015 until July 26, 2015.
    The Captain of the Port Lake Michigan will notify the public that 
the zone in this proposed rule is or will be enforced 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 Milwaukee Harbor in Milwaukee,

[[Page 32320]]

Wisconsin during the times in which the safety zone is enforced in July 
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 July; this proposed safety zone has been designed to allow 
traffic to pass safely around the zone whenever possible, and vessels 
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 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 record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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.T09-0443 to read as follows:


Sec.  165.T09-0443  Safety Zone; Nighttime Air Show, Milwaukee Harbor, 
Milwaukee, Wisconsin.

    (a) Location. This zone will encompass all waters of Milwaukee 
Harbor in the vicinity of Lakeshore State Park within an area bounded 
by the following coordinates, beginning at 43[deg]02.547' N., 
087[deg]53.478' W., then southeast to 43[deg]02.478' N., 
087[deg]52.877' W., then southwest to 43[deg]01.493' N.,

[[Page 32321]]

087[deg]53.104' W., then northwest to 43[deg]01.564' N., 
087[deg]53.697' W., then northwest returning to the point of origin 
(NAD 83).
    (b) Effective period. This proposed rule will be effective from 
July 23, 2015 until July 26, 2015. This proposed rule would be enforced 
from 6 p.m. until 10 p.m. on each day from July 24, 2015 until July 26, 
2015.
    (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: May 19, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-13928 Filed 6-5-15; 8:45 am]
 BILLING CODE 9110-04-P
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