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