[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Rules and Regulations]
[Pages 40169-40171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16971]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

CGD09-03-229
RIN 1625-AA00


Safety Zone; Saginaw River, Bay City, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Bay City Fireworks Festival in Bay City, MI. This safety zone is 
necessary to control vessel traffic within the immediate location of 
the fireworks launch site and to ensure the safety of life and property 
during the event. This safety zone is intended to restrict vessel 
traffic from a portion of the Saginaw River.

DATES: This temporary final rule is effective from 7 p.m. on July 3 
until 11 p.m. on July 5, 2003.

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 [CGD09-03-229] 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: Lieutenant Junior Grade Brandon

[[Page 40170]]

Sullivan, U.S. Coast Guard Marine Safety Office Detroit, at telephone 
number (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, and 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 necessary 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 a fireworks 
display. Based on 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 platforms will help ensure 
the safety of persons and property at these events and help minimize 
the associated risks.
    The safety zone will encompass all waters of the Saginaw River 
surrounding two fireworks launch platforms bounded by the arc of a 
circle with a 300-yard radius with each center in approximate positions 
43[deg]35'55'' N, 083[deg]53'40'' W (off Veterans Park) and 
43[deg]35'55'' N, 083[deg]53'30 W'' (off Wenonah Park). 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 the 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, 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 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 Coast Guard 
expects the economic impact of this 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 safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard 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 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 or anchor in 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 7 p.m. until 11 p.m. on the days of 
the event and allows vessel traffic to pass outside of the safety zone. 
Before the effective period, the Coast Guard will issue maritime 
advisories widely available to users of the Saginaw 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), the Coast Guard wants 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 will 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

    The Coast Guard has analyzed this rule under Executive Order 13132, 
Federalism, and has 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.

[[Page 40171]]

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

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

Environment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that, under figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1D, 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.

Energy Effects

    The Coast Guard has 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, 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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation 
No. 0170.


0
2. A new temporary Sec.  165.T09-229 is added to read as follows:


Sec.  165.T09-229  Safety Zone; Saginaw River, Bay City, MI.

    (a) Location. The safety zone encompasses all waters of the Saginaw 
River surrounding two fireworks launch platforms bounded by the arc of 
a circle with a 300-yard radius with each center in approximate 
position 43[deg]35'55'' N, 083[deg]53'40'' W (off Veteran's Park) and 
43[deg]35'55'' N, 083[deg]53'30'' W (off Wenonah Park)(NAD 83).
    (b) Enforcement Periods. This section is effective from 7 p.m. on 
July 3 until 11 p.m. on July 5, 2003. This section will be enforced 
from 7 p.m. until 11 p.m. on July 3; during this same time on July 4; 
and again during this time on July 5, 2003.
    (c) Regulations. In accordance with the general regulations in 
section 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. The designated on-scene Patrol 
Commander may be contacted via VHF Channel 16. Section 165.23 also 
contains other general requirements.

    Dated: June 20, 2003.
P.G. Gerrity,
Commander, Coast Guard, Captain of the Port, Detroit.
[FR Doc. 03-16971 Filed 7-3-03; 8:45 am]
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