Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054 Page: 46,627
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Federal Register/Vol. 76, No. 149 /Wednesday, August 3, 2011 /Rules and Regulations
would be impracticable and contrary to
the public interest.
Background and Purpose
The Discovery World Private
Wedding fireworks are a City permitted
fireworks display that will occur twice
over Milwaukee's Harbor in Milwaukee,
Wisconsin. The fireworks for these two
events will be launched from 9:30 p.m.
until 10:30 p.m. on both July 31, 2011
and August 26, 2011. The Captain of the
Port, Sector Lake Michigan has
determined that these firework displays
present significant hazards to vessels
and spectators in the vicinity of the
launch site.
Discussion of Rule
Because of the aforesaid hazards, the
Captain of the Port, Sector Lake
Michigan has determined that a
temporary safety zone is necessary to
ensure the safety of spectators and
vessels during the setup, loading, and
launching of the fireworks display.
Accordingly, this temporary safety zone
will encompass all waters of Milwaukee
Harbor in the vicinity of the Discovery
World pier in Milwaukee Wisconsin
within a 700 foot radius from the
fireworks launch site located on a land
in position 4302'11" N, 08753'37" W.
(DATUM: NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative. The Captain of the Port,
Sector Lake Michigan, or his or her
designated representative may be
contacted via VHF Channel 16.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This 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 ofthe Department of Homeland Security
(DHS). We conclude that this rule is not
a significant regulatory action because
we anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone will be relatively small in size and
will exist for only one hour on two
specific days. Thus, restrictions on
vessel movement within the particular
area are expected to be minimal. Under
certain conditions, moreover, vessels
may still transit through the safety zone
when permitted by the Captain of the
Port.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601-612), we have considered
whether this rule will have a significant
economic impact on a substantial
number of small entities. The term
"small entities" comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
the affected portion of Milwaukee
Harbor near Discovery World pier in
Milwaukee Wisconsin, between 9:30
p.m. and 10:30 p.m. on both July 31,
2011 and August 26, 2011.
This temporary safety zone will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: During each of
the two displays, the zone in this
regulation will only be in effect for 60
minutes, and vessel traffic can safely
pass outside the safety zone during the
event. In the event that this temporary
safety zone affects shipping, commercial
vessels may request permission from the
Captain of The Port, Sector Lake
Michigan, to transit through the safety
zone. The Coast Guard will give notice
to the public via a Broadcast to Mariners
that the regulation is in effect.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),
we offer to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemakingprocess.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency's
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 rule will not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule underExecutive Order 13045, Protection of
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United States. Office of the Federal Register. Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054, periodical, August 3, 2011; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52326/m1/41/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.