[Federal Register Volume 72, Number 77 (Monday, April 23, 2007)]
[Proposed Rules]
[Pages 20089-20092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7628]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-07-013]
RIN 1625-AA00


Safety Zone, Kenosha Harbor, Kenosha, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
near Kenosha Harbor, Kenosha, Wisconsin. This zone is intended to 
control the movement of vessels on portions of Lake Michigan during the 
Spill Of National Significance (SONS) exercise on June 19 and 20, 2007. 
This zone is necessary to protect the public from the hazards 
associated with ships and boats deploying oil containment equipment.

DATES: Comments and related material must reach the Coast Guard on or 
before May 8, 2007.

ADDRESSES: You may mail comments and related material to Commander, 
Coast Guard Sector Lake Michigan (spw), 2420 South Lincoln Memorial 
Drive, Milwaukee, WI 53207. The Sector Lake Michigan Prevention 
Department maintains the public docket for this rulemaking. Comments 
and material received from the public, as well as documents indicated 
in this preamble as being available in the docket, will become part of 
this docket and will be available for inspection or copying at

[[Page 20090]]

the Sector Lake Michigan Prevention Department between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO Brad Hinken, Prevention 
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 
747-7154.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD09-07-
013], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Sector Lake Michigan Prevention 
Department at the address under ADDRESSES explaining why one 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.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and people from hazards associated with numerous vessels 
deploying oil containment boom and conducting diving operations. Based 
on the experiences in other Captain of the Port zones, the Captain of 
the Port Lake Michigan has determined numerous vessels engaged in the 
deployment of oil containment boom in close proximity to watercraft 
pose significant risk to public safety and property. The likely 
combination of large numbers of recreation vessels and congested 
waterways could result in serious injuries or fatalities. Establishing 
a safety zone to control vessel movement around the location of the 
SONS exercise will help ensure the safety of persons and property at 
these events and help minimize the associated risks.
    The comment period for this rule is only 15 days because the 
request for the safety zone was not received in time to allow for a 
longer period. Delaying this rule would be contrary to the public 
interest of ensuring the safety of vessels during this event and 
immediate action is necessary to prevent possible loss of life or 
property.

Discussion of Proposed Rule

    A temporary safety zone is necessary to ensure the safety of 
vessels during the deployment and recovery of oil containment boom in 
conjunction with the SONS exercise. The zone will be enforced between 8 
a.m. (local) and 6 p.m. (local) on June 19 and 20, 2007.
    The safety zone for the SONS exercise will encompass all waters of 
Lake Michigan 2,300 yards north of Kenosha Breakwater Light (Lightlist 
number 20430) and from the shoreline to 1,500 yards east Kenosha 
Breakwater Light (Lightlist number 20430) and bounded by a line with of 
point origin at 42[deg]36'29'' N, 087[deg]47'17'' W; then west to 
42[deg]36'29'' N, 087[deg]49'07'' W; then south along the shoreline to 
42[deg]35'19'' N, 087[deg]48'41'' W; then east, northeast to 
42[deg]35'24'' N, 087[deg]47'17'' W; then north to the point of origin 
(NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the 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 his designated on-scene representative. The Captain of the 
Port or his designated on-scene representative may be contacted via VHF 
Channel 16.

Regulatory Evaluation

    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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    The Coast Guard will only use this safety zone for 10 hours a day 
on the two days specified. This safety zone has been designed to allow 
vessels to transit unrestricted to portions of the harbor not affected 
by the zone. The Captain of the Port will allow vessel to enter and 
depart Kenosha Harbor. The Coast Guard expects insignificant adverse 
impact to mariners from the activation of this zone.

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 would affect the following entities, some of 
which might be small entities: The owners of vessels intending to 
transits or anchor in a portion of Lake Michigan between 8 p.m. (local) 
and 6 p.m. (local) on June 19, 2007 and June 20, 2007. The safety zone 
would not have a significant economic impact on a substantial number of 
small entities for the following reasons. This rule would be in effect 
for only 20 hours. Vessel traffic can safely pass around the safety 
zone and enter and depart Kenosha Harbor.
    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.

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 CWO Brad Hinken, Prevention 
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 
747-7154. The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 20091]]

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

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

Civil Justice Reform

    This 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.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that this safety zone and fishing rights 
protection need not be incompatible. We have also determined that this 
proposed Rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes. Nevertheless, Indian 
Tribes that have questions concerning the provisions of this Proposed 
Rule or options for compliance are encourage to contact the point of 
contact listed under FOR FURTHER INFORMATION CONTACT.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, 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 there are no factors in this case 
that would limit the use of a categorical exclusion under section 2.B.2 
of the Instruction. Therefore, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (34)(g) of the 
Instruction, from further environmental documentation. This proposed 
rule establishes a regulated navigation area and as such is covered by 
this paragraph.
    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether this 
rule should be categorically excluded from further environmental 
review.

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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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 Sec.  165.T09-013 to read as follows:


Sec.  165.T09-013  Safety Zone, Kenosha Harbor, Kenosha, WI.

    (a) Location. The following area is a temporary safety zone: all 
waters of Lake Michigan 2,300 yards north of Kenosha Breakwater Light 
(Lightlist number 20430) and from the shoreline to 1,500 yards east 
Kenosha Breakwater Light (Lightlist number 20430) and bounded by a line 
with of point origin at 42[deg]36'29'' N, 087[deg]47'17'' W; then west 
to 42[deg]36'29'' N, 087[deg]49'07'' W; then south along the shoreline 
to 42[deg]35'19'' N, 087[deg]48'41'' W; then east, northeast to 
42[deg]35'24'' N, 087[deg]47'17'' W; then north to the point of origin 
(NAD 83).
    (b) Effective period. This regulation is effective from 8 a.m. 
(local) on June 19, 2007 to 6 p.m. (local) on June 20, 2007.
    (c) Enforcement period. This regulation will be enforced from 8 
a.m. (local) to 6 p.m. (local) on June 19, 2007 and from 8 a.m. (local) 
to 6 p.m. (local) on June 20, 2007.
    (d) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this safety zone is prohibited unless authorized by the

[[Page 20092]]

Captain of the Port Lake Michigan, or his designated on-scene 
representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Lake Michigan or his designated 
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his 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 his 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 his on-scene representative.

    Dated: April 3, 2007.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
 [FR Doc. E7-7628 Filed 4-20-07; 8:45 am]
BILLING CODE 4910-15-P