[Federal Register: October 17, 2003 (Volume 68, Number 201)]
[Rules and Regulations]
[Page 59727-59729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc03-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-270]
RIN 1625-AA00
Safety Zone; Wisconsin Central Rail Road Bridge Fox River, Green
Bay, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
[[Page 59728]]
the East side of the channel of the Wisconsin Central Rail Road Bridge
at mile 2.61 Fox River. The east side of the channel will be closed to
all vessel traffic. The rule is necessary to prevent vessels from
transiting too close to the potentially unstable bridge. This rule is
intended to restrict vessel traffic from a portion of Fox River mile
2.61, Green Bay, Wisconsin.
DATES: This rule is effective from October 1, 2003 until 11:59 p.m.
December 1, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD09-03-270] and are available for
inspection or copying at U.S. Coast Guard Marine Safety Office
Milwaukee, 2420 South Lincoln Memorial Drive, Milwaukee, WI 53207
between 7 a.m. (CST) and 3:30 p.m. (CST), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Marine Science Technician Michael
Schmidtke, Marine Safety Office Milwaukee, (414) 747-7155.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for not publishing an NPRM and
for making this rule effective less than 30 days after publication in
the Federal Register. Due to a recent fire on the bridge, delaying this
rule would be contrary to the public interest of ensuring the safety of
those transiting the Fox River. This rule also ensures that any
interested spectators do not accidentally place themselves in danger
should any problems occur. As such, immediate action is necessary to
prevent possible loss of life or property.
Background and Purpose
This Safety Zone is established to safeguard the public until the
bridge is deemed safe and structurally sound. The size of the zone was
determined by the necessities of safe navigation in the Captain of the
Port zone and local knowledge about wind, waves, and currents in this
particular area.
The safety zone is effective from October 1, 2003 until 11:59 p.m.
December 1, 2003. This rule will be enforced until the bridge is deemed
safe and structurally sound.
Discussion of Rule
The Coast Guard will implement a safety zone on the East side of
the channel of the Wisconsin Central Rail Road Bridge at mile 2.61 Fox
River. The east side of the channel will be closed to all vessel
traffic. The purpose of the safety zone is to protect the public from
transiting too close to the unstable bridge. The safety zone will
remain in place until the bridge is deemed safe and structurally sound.
In addition, the Coast Guard will notify the public, in advance, by way
of Ninth Coast Guard District Local Notice to Mariners, marine
information broadcasts, and for those who request it from Marine Safety
Office Milwaukee, by facsimile (fax).
All persons and vessels shall comply with the instructions of the
Captain of the Port Milwaukee or his designated on-scene
representative. Entry into, transiting through, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port
Milwaukee or his designated on scene representative. The Captain of the
Port Milwaukee may be contacted via VHF Channel 16.
Regulatory Evaluation
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 of the Department of Homeland
Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is an area where the Coast
Guard expects insignificant adverse impact to mariners from the zone's
activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities: the owners or
operators of vessels intending to transit the east side of the channel
of the Fox River mile 2.61 from October 1, 2003 until 11:59 p.m.
December 1, 2003.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be enforced to safeguard the boating public. The Coast Guard
will give notice to the public via a Broadcast to Mariners that the
regulation is in effect. Vessel traffic may enter or transit through
the safety zone with the permission of the Captain of the Port
Milwaukee or his designated on-scene representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. 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 Marine Safety Office Milwaukee
(See ADDRESSES.)
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).
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
[[Page 59729]]
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 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 under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded 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, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g) of the Commandant Instruction M16475.1D,
from further environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
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: 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.
0
2. A new temporary Sec. 165.T09-270 is added to read as follows:
Sec. 165.T09-270 Safety Zone; Wisconsin Central Bridge Fox River mile
2.61, Green Bay, WI.
(a) Location. The following area is designated a safety zone: the
eastern side of the channel of the Wisconsin Central Rail Road Bridge
at mile 2.61 on the Fox River. The east side of the channel will be
closed to all vessel traffic, Green Bay, WI.
(b) Effective Time and Date. This rule is effective from October 1,
2003 until 11:59 p.m. December 1, 2003.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port Milwaukee or the designated on
scene representative. Coast Guard patrol personnel include
commissioned, warrant or petty officers of the U.S. Coast Guard. Upon
being hailed by a U.S. Coast Guard vessel via siren, radio, flashing
light, or other means, the operator shall proceed as directed.
(3) This safety zone should not adversely affect shipping. However,
commercial vessels must request permission from the Captain of the Port
Milwaukee to enter or transit the safety zone. Approval will be made on
a case-by-case basis. Requests must be in advance and approved by the
Captain of the Port Milwaukee before transits will be authorized. The
Captain of the Port Milwaukee may be contacted via U.S. Coast Guard
Group Milwaukee on Channel 16, VHF-FM.
Dated: September 16, 2003.
H.M. Hamilton,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 03-26304 Filed 10-16-03; 8:45 am]
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