Rule2022-13310
Safety Zone; Red Bull Flugtag, Milwaukee, WI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 24, 2022
Effective
July 16, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of Lake Michigan in the vicinity of Veterans Park in Milwaukee, WI. This action is necessary to provide for the safety of life on these navigable waters during the Red Bull Flugtag event on July 16, 2022. This rulemaking will restrict usage by persons and vessels within the safety zone. At no time during the effective period may non-event persons or vessels transit the waters of Milwaukee Harbor within 800 feet of the southern shoreline of Veterans Park. These restrictions apply to all perons and vessels during the effective period unless authorized by the Captain of the Port Lake Michigan or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 121 (Friday, June 24, 2022)</title>
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[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Rules and Regulations]
[Pages 37742-37744]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13310]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0352]
RIN 1625-AA00
Safety Zone; Red Bull Flugtag, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of Lake Michigan in the vicinity of Veterans Park in
Milwaukee, WI. This action is necessary to provide for the safety of
life on these navigable waters during the Red Bull Flugtag event on
July 16, 2022. This rulemaking will restrict usage by persons and
vessels within the safety zone. At no time during the effective period
may non-event persons or vessels transit the waters of Milwaukee Harbor
within 800 feet of the southern shoreline of Veterans Park. These
restrictions apply to all perons and vessels during the effective
period unless authorized by the Captain of the Port Lake Michigan or a
designated representative.
DATES: This rule is effective from 9 a.m. through 6 p.m. on July 16,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0325 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Petty Officer Jeromy Sherrill, Sector Lake Michigan
Waterways Management Division, U.S. Coast Guard; telephone 414-747-
7148, email <a href="/cdn-cgi/l/email-protection#602a05120f0d194e2e4e3308051212090c0c20151303074e0d090c"><span class="__cf_email__" data-cfemail="08426d7a6765712646265b606d7a7a616464487d7b6b6f26656164">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 12, 2022, the organizer of the Red Bull Flugtag Milwaukee
notified the Coast Guard that it will be organizing an event in the
Milwaukee Harbor on July 16, 2022 from 11:00 a.m. through 4:00 p.m. The
marine event will take place in the waters of Milwaukee Harbor adjacent
to the south shore of Veterans Park in Milwaukee, WI. In response, on
May 12, 2022, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled Safety Zone; Red Bull Flugtag, Milwaukee, WI (87 FR
29244). There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to this fireworks display.
During the comment period that ended June 13, 2022, we received 00
comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Lake
Michigan (COTP) has determined that potential hazards associated with
the Red Bull Flugtag Milwaukee event would be a safety concern for
anyone within the safety zone that is not participating in the event.
The purpose of this rule is to ensure safety of vessels and the
navigable waters in the safety zone before, during, and after the
scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
12, 2022. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone from 9:00 a.m. to 6:00 p.m. on
July 16, 2022. The safety zone will cover all navigable waters of
Milwaukee Harbor within 800 feet of the southern shoreline of Veterans
Park. The duration of the zone is intended to ensure the safety of life
and vessels on these navigable waters before, during, and after the
event. No vessels or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the
characteristics of the safety zone. The safety zone created by this
rule is relatively small and is designed to minimize its impact on
[[Page 37743]]
navigable waters. This rule will prohibit entry into certain navigable
waters of Milwaukee Harbor, WI, and it is not anticipated to exceed 9
hours in duration. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Moreover, under certain
conditions vessels may still transit through the safety zone when
permitted by the COTP Lake Michigan.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received 00 comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this rule will not have a significant economic impact on
any vessel owner or operator.
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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
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 rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this 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.
E. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 9 hours that would prohibit entry within a
relatively small portion of Milwaukee Harbor. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T09-0352 to read as follows:
Sec. 165.T09-0352 Safety Zone; Red Bull Flugtag, Milwaukee, WI.
(a) Location. All navigable waters of Milwaukee Harbor within 800
feet of the southern shore of Veterans Park in Milwaukee, WI.
(b) Enforcement period. The safety zone described in paragraph (a)
would be effective on July 16, 2022 from 9:00 a.m. through 6:00 p.m.
(c) Regulations. (1) In accordance with the general regulations in
section Sec. 165.23, entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the Captain of the Port
Lake Michigan (COTP) or a designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) The ``designated representative'' of the COTP is any Coast
Guard commissioned, warrant, or petty officer who has been designated
by the COTP to act on his or her behalf.
(4) Persons and vessel operators desiring to enter or operate
within the safety zone during the marine event must contact the COTP or
an on-scene
[[Page 37744]]
representative to obtain permission to do so. The COTP or an on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP or an on-scene
representative.
Dated: June 16, 2022.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2022-13310 Filed 6-23-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 24, 2022.
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