[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