[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Rules and Regulations]
[Pages 27868-27871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12718]


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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: Final rule.

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

DATES: This rule is effective on May 28, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD09-01-002 and are available for inspection or 
copying at, U.S. Coast Guard Marine Safety Office Detroit, 110 Mt. 
Elliott Avenue, Detroit, MI 48207 between 8 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) 568-9580.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 4, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone: Captain of the Port Detroit Zone'', in 
the Federal Register (66 FR 17829). We received no letters commenting 
on the proposed rule. No public hearing was requested and none was 
held.
    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. The events listed in this rule 
have been regularly held on an annual basis with widespread public 
participation. The Coast Guard has not received any complaints or 
negative comments previously with regard to these events. Delaying the 
effective date would be contrary to public interest because events 
being held in early June would be without an enforceable zone, thus 
placing the safety and property of spectators at unnecessary risk.

Background and Purpose

    The Coast Guard is establishing 23 permanent safety zones that will 
be activated for fireworks displays occurring annually at the same 
location. The 23 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.

Discussion of Comments and Changes

    MSO Detroit received no comments or related information pertaining 
to this rulemaking.

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 Transportation 
(DOT) (44 FR 11040, February 26, 1979).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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, 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 
these small entities for the following reasons: The safety zone is only 
in effect for a

[[Page 27869]]

few hours on the day of the event. Because these are annual events, 
affected entities can plan for any disruptions well in advance of the 
day of the event. Additionally, vessel traffic can safely pass outside 
the 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.

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 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.)
    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

    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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (32)-(34) of Commandant 
Instruction M16475.l-C, this rule is categorically excluded from 
further environmental documentation.
    A ``Categorical Exclusion Determination'' is available in the 
docket for inspection or copying where indicated under ADDRESSES.

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.

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 amends 
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.
    (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

[[Page 27870]]

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 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 
a Notice of Implementation 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.


[[Page 27871]]


    Dated: May 9, 2001.
S.P. Garrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 01-12718 Filed 5-18-01; 8:45 am]
BILLING CODE 4910-15-U