[Federal Register Volume 66, Number 65 (Wednesday, April 4, 2001)]
[Proposed Rules]
[Pages 17829-17832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8188]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-002]
RIN 2115-AA97


Safety Zone: Captain of the Port Detroit Zone

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish safety zones for annual 
fireworks displays located in the Captain of the Port Detroit Zone. 
This action is necessary to provide for the safety of life and property 
on navigable waters during each event. This action is intended to 
restrict vessel traffic in a portion of the Captain of the Port Detroit 
Zone.

DATES: Comments must be received on or before May 4, 2001.

ADDRESSES: Comments may be mailed or delivered to: Commanding Officer, 
U.S. Coast Guard Marine Safety Office Detroit, 110 Mt. Elliott Avenue, 
Detroit, MI 48207. Marine Safety Office Detroit 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 MSO Detroit between 7:30 a.m. 
and 4 p.m. Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Brandon Sullivan, U.S. Coast 
Guard Marine Safety Office Detroit, 110 Mt. Elliott Ave., Detroit, MI 
48207, (313) 568-9558.

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 on this rulemaking (CGD09-01-
002), indicate the specific section of this proposal to which each 
comment applies, and give the reason(s) for each comment. Please submit 
all comments and attachments in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for photocopying and electronic filing. If 
you would like to know they reached us, please enclose a stamped, self-
addressed envelope or postcard.
    The Coast Guard will consider all comments 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 request a 
public meeting by writing to MSO Detroit at the address listed under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, the Coast Guard will hold a public 
meeting at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The Coast Guard proposes to establish 23 permanent safety zones 
that will be activated for fireworks displays occurring annually at the 
same location. The 23 proposed locations are New Baltimore City Park, 
Lake St. Clair--Anchor Bay; 1000 yards east of Jefferson Beach Marina, 
Lake St. Clair; Ford's Cove, Lake St. Clair; the Brownstown Wave Pool, 
Lake Erie; St. Clair City Park, St. Clair River; DNR Boat Launch at the 
mouth of the Ausable River; Port Austin Breakwall, Lake Huron; 
breakwall between Oak & Van Alstyne St., Detroit River; 300 yards east 
of Grosse Pointe Farms, Lake St. Clair; Caseville breakwall, Saginaw 
River; between Algonac and Russell Island, St. Clair River--North 
Channel; South Harbor Breakwall, Lake Huron; 1000 yards east of 
Veterans Memorial Park, St. Clair Shores, Lake St. Clair; anchored 300 
yards east of 223 Huron Ave: Black River; anchored 400 yards east of 
the Grosse Pointe Yacht Club seawall, Lake St. Clair; 300 yards east of 
the breakwall at Lexington, Lake Huron; anchored at the northern end of 
Mud Island, Ecorse Channel; Grosse Ile Yacht Club deck, Detroit River; 
anchored 200 yards east of Trenton, Trenton Channel; anchored 400 yards 
east of Belle Maer Harbor, Lake St. Clair--Anchor Bay; Tawas City Pier, 
Lake Huron; anchored 500 yards east of Marine City, St. Clair River; 
600 yards off Jefferson Beach Marina, Lake St. Clair.
    Based on recent accidents that have occurred in other Captain of 
the Port zones, and the explosive hazard associated with these events, 
the Captain of the Port has determined that fireworks launches in close 
proximity to watercraft pose a significant risk to public safety and 
property. The likely combination of large numbers of inexperienced 
recreational boaters, congested waterways, darkness punctuated by 
bright flashes of light, alcohol use, and debris falling into the water 
could easily result in serious injuries or fatalities. Establishing a 
safety zone to control vessel movement within a 300 yard radius of the 
fireworks launch platforms will help ensure the safety of persons and 
property at these events and help minimize the associated risk.
    Establishing permanent safety zones by notice and comment 
rulemaking gives the public the opportunity to comment on the proposed 
zones, provides better notice than promulgating temporary rules 
annually, and decreases the amount of annual paperwork required for 
these events. The Coast Guard has not previously received notice of any 
impact caused by these events.

Discussion of Proposed Rule

    The proposed size of these safety zones was determined using 
National Fire Protection Association and local area fire department 
standards, combined with the Coast Guard's knowledge of waterway 
conditions in these areas.
    Pre-existing rules for marine fireworks events listed in 33 CFR 
100.901 remain in effect for the International Freedom Festival and for 
the Bay City Fireworks. These previous regulations have proven 
effective for controlling vessel traffic in the regulated areas during 
these annual marine fireworks events. This proposed rule seeks to 
provide the same high levels of protection for other area marine 
fireworks events.
    The Coast Guard believes these new regulations will not pose any 
new problems for commercial vessels transiting the area. In the 
unlikely event that shipping is affected by these new regulations, 
commercial vessels may request permission from the Captain of the Port 
Detroit to transit through the safety zone. No commercial shipping 
lanes will be impacted as a result of this rulemaking.
    The Coast Guard will announce the exact times and dates for these 
events by publishing a Notice of Implementation in the Federal Register 
as well as in the Ninth Coast Guard District Local Notice to Mariners, 
marine information broadcasts, and, for those who request it from 
Marine Safety Office Detroit, by facsimile (fax).

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866

[[Page 17830]]

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 this rule under that order. It is not 
significant under the regulatory policies and procedures of the 
Department of Transportation (DOT) (44 FR 11040, February 26, 1979). We 
expect the economic impact of this proposed rule to be so minimal that 
a full Regulatory Evaluation under paragraph 10(e) of the regulatory 
policies and procedures of DOT is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zones, and all of the zones are in areas where 
the Coast Guard expects insignificant adverse impact to mariners from 
the zones' activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant 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 or operators of commercial 
vessels intending to transit a portion of an activated safety zone.
    These safety zones would not have a significant economic impact on 
a substantial number of small entities for the following reasons: The 
proposed zone is only in effect for few hours on the day of the event 
on an annual basis. Vessel traffic can safely pass outside the proposed 
safety zones during the events. In cases where traffic congestion is 
greater than expected and blocks shipping channels, traffic may be 
allowed to pass through the safety zone under Coast Guard escort with 
the permission of the Captain of the Port Detroit. Before the effective 
period, the Coast Guard will issue maritime advisories widely available 
to users who might be in the affected area by publication in the 
Federal Register and the Ninth Coast Guard District Local Notice to 
Mariners, Marine information broadcasts and facsimile broadcasts may 
also be made. Additionally, the Coast Guard has not received any 
negative reports from small entities affected during these displays in 
previous years.
    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 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects 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 Detroit 
(see ADDRESSES.)

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).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a state, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect 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 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

    The Coast Guard has 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 
does not concern an environmental risk to health or risk to safety that 
may disproportionately affect children.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph 32(g) of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. A written categorical 
exclusion determination is available in the docket for inspection or 
copying where indicated under ADDRESSES.

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; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.

    2. Add Sec. 165.907 to read as follows:


Sec. 165.907  Safety zones: annual fireworks events in the captain of 
the Port Detroit Zone.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Bay-Rama Fishfly Festival, New Baltimore, MI:
    (i) Location. All waters off New Baltimore City Park, Lake St. 
Clair--Anchor Bay bounded by the arc of a circle with a 300-yard radius 
with its center located at approximate position 42 deg.41' N, 
082 deg.44' W (NAD 1983).
    (ii) Expected Date. One day early in June.
    (2) Jefferson Beach Marina Fireworks, St. Clair Shores, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42 deg.32' N, 
082 deg.51' W (NAD 1983), about 1000 yards east of Jefferson Beach 
Marina.

[[Page 17831]]

    (ii) Expected Date. One day in the last week of June.
    (3) Sigma Gamma Assoc., Grosse Pointe Farms, MI:
    (i) Location. The waters off Ford's Cove, Lake St. Clair bounded by 
the arc of a circle with a 300-yard radius with its center in 
approximate position 42 deg.27' N, 082 deg.52' W (NAD 1983).
    (ii) Expected Date. One day in the last week of June.
    (4) Lake Erie Metro Park Fireworks:
    (i) Location. The waters off the Brownstown Wave Pool area, Lake 
Erie bounded by the arc of a circle with a 300-yard radius with its 
center in approximate position 42 deg.03' N, 083 deg.11' W (NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (5) City of St. Clair Fireworks:
    (i) Location. The waters off St. Clair City Park, St. Clair River 
bounded by the arc of a circle with a 300-yard radius with its center 
in approximate position 42 deg.49' N, 082 deg.29' W (NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (6) Oscoda Township Fireworks:
    (i) Location. The waters off the DNR Boat Launch at the mouth of 
the Ausable River bounded by the arc of a circle with a 300-yard radius 
with its center in approximate position 44 deg.19' N, 083 deg.25' W 
(NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (7) Port Austin Fireworks:
    (i) Location. The waters off the Port Austin Breakwall, Lake Huron 
bounded by the arc of a circle with a 300-yard radius with its center 
in approximate position 43 deg.03' N, 082 deg.40' W (NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (8) City of Wyandotte Fireworks, Wyandotte, MI:
    (i) Location. The waters off the breakwall between Oak & Van 
Alstyne St., Detroit River bounded by the arc of a circle with a 300-
yard radius with its center in approximate position 42 deg.12' N, 
083 deg.09' W (NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (9) Grosse Pointe Farms Fireworks, Grosse Pointe Farms, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42 deg.23' N, 
082 deg.52' W (NAD 1983), about 300 yards east of Grosse Pointe Farms.
    (ii) Expected Date. One day in the first week of July.
    (10) Caseville Fireworks, Caseville, MI:
    (i) Location. The waters off the Caseville breakwall, Saginaw River 
bounded by the arc of a circle with a 300-yard radius with its center 
in approximate position 43 deg.55' N, 083 deg.17' W (NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (11) Algonac Pickerel Tournament Fireworks, Algonac, MI:
    (i) Location. All waters of the St. Clair River within a 300-yard 
radius of the fireworks barge in approximate position 42 deg.37' N, 
082 deg.32' W (NAD 1983), between Algonac and Russell Island, St. Clair 
River--North Channel.
    (ii) Expected Date. One day in the first week of July.
    (12) Port Sanilac Fireworks, Port Sanilac, MI:
    (i) Location. The waters off the South Harbor Breakwall, Lake Huron 
bounded by the arc of a circle with a 300-yard radius with its center 
in approximate position 43 deg.25' N, 082 deg.31' W (NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (13) St. Clair Shores Fireworks, St. Clair Shores, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42 deg.32' N, 
082 deg.51' W (NAD 1983), about 1000 yards east of Veterans Memorial 
Park (off Masonic Rd.), St. Clair Shores.
    (ii) Expected Date. One day in the first week of July.
    (14) Port Huron 4th of July Fireworks, Port Huron, MI:
    (i) Location. All waters of the Black River within a 300-yard 
radius of the fireworks barge in approximate position 42 deg.58' N, 
082 deg.25' W (NAD 1983), about 300 yards east of 223 Huron Ave., Black 
River.
    (ii) Expected Date. One day in the first week of July.
    (15) Grosse Pointe Yacht Club 4th of July Fireworks, Grosse Pointe 
Shores, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42 deg.25' N, 
082 deg.52' W (NAD 1983), about 400 yards east of the Grosse Pointe 
Yacht Club seawall, Lake St. Clair.
    (ii) Expected Date. One day in the first week of July.
    (16) Lexington Independence Festival Fireworks, Lexington, MI:
    (i) Location. All waters of Lake Huron within a 300-yard radius of 
the fireworks barge in approximate position 43 deg.13' N, 082 deg.30' W 
(NAD 1983), about 300 yards east of the Lexington breakwall, Lake 
Huron.
    (ii) Expected Date. One day in the first week of July.
    (17) City of Ecorse Water Festival Fireworks, Ecorse, MI:
    (i) Location. All waters of the Ecorse Channel within a 300-yard 
radius of the fireworks barge in approximate position 42 deg.14' N, 
083 deg.09' W (NAD 1983), at the northern end of Mud Island, Ecorse.
    (ii) Expected Date. One day in the first week of July.
    (18) Grosse Ile Yacht Club Fireworks:
    (i) Location. The waters off the Grosse Ile Yacht Club Deck, 
Detroit River bounded by the arc of a circle with a 300-yard radius 
with its center approximately located at latitude 42 deg.05' N, 
083 deg.09' W (NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (19) Trenton Fireworks Display, Trenton, MI:
    (i) Location. All waters of the Trenton Channel within a 300-yard 
radius of the fireworks barge in approximate position 42 deg.09' N, 
083 deg.10' W (NAD 1983), about 200 yards east of Trenton, in the 
Trenton Channel.
    (ii) Expected Date. One day in the first week of July.
    (20) Belle Maer Harbor 4th of July Fireworks, Harrison Township, 
MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42 deg.36' N, 
082 deg.47' W (NAD 1983), about 400 yards east of Belle Maer Harbor, 
Lake St. Clair--Anchor Bay.
    (ii) Expected Date. One day in the first week of July.
    (21) Tawas City 4th of July Fireworks, Tawas, MI:
    (i) Location. The waters off the Tawas City Pier, Lake Huron 
bounded by the arc of a circle with a 300-yard radius with its center 
in approximate position 44 deg.13' N, 083 deg.30' W (NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (22) Maritime Day Fireworks, Marine City, MI:
    (i) Location. All waters of the St. Clair River within a 300-yard 
radius of the fireworks barge in approximate position 42 deg.43' N, 
082 deg.29' W (NAD 1983), about 500 yards east of Marine City, St. 
Clair River.
    (ii) Expected Date. One day in the second weekend of August.
    (23) Venetian Festival Boat Parade & Fireworks, St. Clair Shores, 
MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42 deg.28' N, 
082 deg.52' W (NAD 1983), about 600 yards off Jefferson Beach Marina, 
Lake St. Clair.
    (ii) Expected Date. One day in the second weekend of August.
    (b) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the

[[Page 17832]]

Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and 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) The safety zones in this regulation are outside navigation 
channels and will not adversely affect shipping. In cases where 
shipping is affected, commercial vessels may request permission from 
the Captain of the Port Detroit to transit the safety zone. Approval 
will be made on a case-by-case basis. Requests must be made in advance 
and approved by the Captain of the Port before transits will be 
authorized. The Captain of the Port may be contacted via U.S. Coast 
Guard Group Detroit on Channel 16, VHF-FM.
    (c) Effective Period. The Captain of the Port Detroit will publish 
at least 15 days in advance a Notice in the Federal Register as well as 
in the Ninth Coast Guard District Local Notice to Mariners the dates 
and times this section is in effect.

    Dated: March 23, 2001.
S.P. Garrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 01-8188 Filed 4-3-01; 8:45 am]
BILLING CODE 4910-15-U