[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Rules and Regulations]
[Pages 34072-34074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13820]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-04-023]

RIN 1625-AA00


Safety Zone; Port Huron, St. Clair River, 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 Southside Summer Festival fireworks display on June 27, 2004. 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 St. Clair River.

DATES: This temporary final rule is effective from 10 p.m. until 10:25 
p.m. on June 27, 2004.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD09-04-023] 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 Cynthia Lowry, U.S. Coast Guard 
Marine Safety Office Detroit, (313) 568-9580.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard 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 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 firework 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 these events and help minimize 
the associated risk.
    The safety zone will encompass all waters of the St. Clair River 
within a 500-foot radius of the fireworks launch platform in 
approximate position 42[deg]57[min]05[sec] N, 083[deg]25[min]19[sec] W 
(off of the River Rats Club). 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-

[[Page 34073]]

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, 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 Homeland 
Security (DHS)(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 DHS 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), 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 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 10 p.m. until 10:25 p.m. the day 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 St. Clair 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), small entities may be assisted 
in understanding the rule so that they can better evaluate its effects 
on them and participate in the rulemaking process. If the rule would 
affect your small business, organization, or governmental jurisdiction 
or if 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

    A rule has implications for federalism under Executive Order 13132 
if it has a substantial direct effect on State or local governments and 
would either preempt State law or impose a substantial direct cost of 
compliance on them. The Coast Guard analyzed this rule under that Order 
and has 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 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 will 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

    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.

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.

Environment

    The Coast Guard has analyzed this rule under Commandant Instruction 
M16475.1D, which guides their compliance with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and has 
concluded that there are no factors in this rule that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g) of the Instruction, from further environmental 
documentation. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' are available in the 
docket where indicated under ADDRESSES.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.

[[Page 34074]]

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Energy Effects

    The Coast Guard has analyzed this rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use, and has 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 
recordkeeping 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new temporary Sec.  165.T09-023 is added to read as follows:


Sec.  165.T09-023  Safety Zone; St. Clair River, Port Huron, MI.

    (a) Location. The safety zone encompasses all waters of the St. 
Clair River within a 500-foot radius of the fireworks launch platform 
in approximate position 42[deg]57'05'' N, 083[deg]25'19'' W (off of the 
River Rats Club) (NAD 83).
    (b) Effective date. This rule is effective from 10 p.m. until 10:25 
p.m. (local time) on June 27, 2004.
    (c) Regulations. In accordance with the general regulations in 
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.

    Dated: June 9, 2004.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 04-13820 Filed 6-17-04; 8:45 am]
BILLING CODE 4910-15-P