[Federal Register Volume 69, Number 118 (Monday, June 21, 2004)]
[Rules and Regulations]
[Pages 34278-34280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13977]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-04-025]
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 two temporary safety zones for 
the Bay City Fireworks Festival in Bay City, MI. These safety zones are 
necessary to control vessel traffic within the immediate location of 
the fireworks launch sites and to ensure the safety of life and 
property during the event. These safety zones are intended to restrict 
vessel traffic from a portion of the Saginaw River.

DATES: This temporary final rule is effective from 10:05 p.m. on July 
1, 2004, until 10:55 p.m. on July 4, 2004.

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 [CGD09-04-025] 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, 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

    Temporary safety zones are 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 safety zones to control vessel 
movement around the launch platforms will help ensure the safety of 
persons and property at the events and help minimize the associated 
risks.
    The safety zones will encompass all waters of the Saginaw River 
within a 300-yard radius of the fireworks barges, the first in 
approximate position 43[deg]35'55'' N, 083[deg]53'40'' W (off Veterans 
Park) and the second in approximate position 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 these zones 
were 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 Homeland 
Security (DHS). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory

[[Page 34279]]

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), 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 for the following reasons: This safety zone will only be 
enforced from 10:05 p.m. until 10:55 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), small entities may be assisted 
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 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 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

    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 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.

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.

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

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

[[Page 34280]]

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
A new temporary Sec.  165.T09-025 is added to read as follows:


Sec.  165.T09-025  Safety Zone; Saginaw River, Bay City, MI.

    (a) Location. The following are safety zones:
    (1) All waters of the Saginaw River within a 300-yard radius of the 
fireworks launch platform in approximate position 43[deg]35;'55'' N, 
083Sec.  53'40'' W (off Veteran's Park)
    (2) All waters of the Saginaw River within a 300-yard radius of the 
fireworks launch platform in approximate position 43[deg]35'55'' N, 
083[deg]53'30'' W (off Wenonah Park) (NAD 83).
    (b) Effective period. This regulation is effective from 10:05 p.m. 
on July 1, 2004 until 10:55 p.m. on July 4, 2004.
    (c) Enforcement period. The safety zones in this section will be 
enforced from 10:05 p.m. until 10:55 p.m., each day of the effective 
period.
    (d) 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. 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. 04-13977 Filed 6-18-04; 8:45 am]
BILLING CODE 4910-15-P