[Federal Register Volume 66, Number 198 (Friday, October 12, 2001)]
[Rules and Regulations]
[Pages 52035-52036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25650]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-132]
RIN 2115-AA97


Safety Zone; Lake St. Clair, Grosse Pointe Yacht Club, Grosse 
Pointe Shores, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 400-yard radius safety zone 
off of Harbor Seawall in Lake St. Clair for a fireworks display on 
October 13, 2001. This regulation is necessary to control vessel 
traffic within the immediate vicinity of the fireworks launch site and 
to ensure the safety of life and property during the event. Entry into, 
transiting, or anchoring within this safety zone is prohibited unless 
authorized by the Captain of the Port Detroit or his designated on-
scene representative.

DATES: This regulation is effective from 9 p.m. until 11 p.m. on 
October 13, 2001.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD09-01-132] and are available for 
inspection or copying at: U.S. Coast Guard Marine Safety Office 
Detroit, 110 Mt. Elliott Ave., Detroit, MI 48207, between 8 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: ENS Brandon Sullivan, U. S. Coast 
Guard Marine Safety Office Detroit, (313) 568-9558.

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), the Coast Guard finds that good 
cause exists for not publishing an NPRM. 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 permit 
application was not received in time to publish an NPRM followed by a 
final rule before the effective date. Delaying this rule would be 
contrary to the public interest of ensuring the safety of spectators 
and vessels during this event and immediate action is necessary to 
prevent possible loss of life or property. The Coast Guard has not 
received any complaints or negative comments previously with regard to 
this event.

Background and Purpose

    A temporary safety zone is necessary to ensure the safety of 
vessels and spectators from the hazards associated with fireworks 
displays. Based on recent accidents that have occurred in other Captain 
of the Port zones, and the explosive hazard of fireworks, the Captain 
of the Port Detroit has determined fireworks launches in close 
proximity to watercraft pose significant risks to public safety and 
property. The likely combination of large numbers of recreational 
vessels, 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 around the locations of the launch platform 
will help ensure the safety of persons and property at this event and 
help minimize the associated risk.
    The safety zone will encompass all waters surrounding the fireworks 
launch platform within a 400-yard radius of the fireworks barge with 
its center in approximate position 42 deg.26'01" N, 083 deg.51'56" W, 
off of Harbor Seawall. The geographic coordinates are based upon North 
American Datum 1983 (NAD 83). The size of this zone was determined 
using the National Fire Prevention Association guidelines and local 
knowledge concerning wind, waves, and currents.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene patrol 
representative. Entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port Detroit 
or his designated on-scene representative. The Captain of the Port or 
his designated on-scene representative 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 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). 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 (2 hours) that vessels will 
be restricted from the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities: the owners or operators of commercial vessels 
intending to transit or anchor in a portion of the activated safety 
zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone is only in effect from 9 p.m. until 11 p.m. the day of the 
event. Vessel traffic may pass safely around the safety zone. Before 
the effective period, we will issue maritime advisories widely 
available to users of the Detroit River by the Ninth Coast Guard 
District Local Notice to Mariners, and Marine Information Broadcasts. 
Facsimile broadcasts may also be made.
    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 (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

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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 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 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) 
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 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 would 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

    The Coast Guard has 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.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, this 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.

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 proposed 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.

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

    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, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T09-105 is added to read as follows:


Sec. 165.T09-105  Safety Zone; Lake St. Clair, Grosse Pointe Yacht 
Club, Gross Pointe Shores, MI.

    (a) Location. The safety zone will encompass all navigable waters 
of Lake St. Clair within a 400-yard radius of the fireworks barge being 
used as the launch platform with its center in approximate position 
42 deg.26'01" N, 083 deg.51'56" W, off of Harbor Seawall. The 
geographic coordinates are based upon North American Datum 1983 (NAD 
83).
    (b) Effective times and date. This section is effective from 9 p.m. 
until 11 p.m. (local time) on October 13, 2001. The designated on-scene 
Patrol Commander may be contacted via VHF Channel 16.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this safety zone is prohibited 
unless authorized by the Coast Guard Captain of the Port Detroit, or 
his designated on-scene representative.

    Dated: October 1, 2001.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 01-25650 Filed 10-11-01; 8:45 am]
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