[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Rules and Regulations]
[Pages 37835-37837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10317]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-070]
RIN 1625-AA00


Safety Zone; Ship and Shore Festival Fireworks, Lake Michigan, 
New Buffalo, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Lake Michigan, New Buffalo, MI, for the Ship and Shore Festival 
Fireworks on July 2, 2006. This safety zone is needed to protect 
participants and spectators from the hazards associated with fireworks 
displays. Entry into this zone is prohibited unless authorized by the 
Captain of the Port or his duly appointed representative.

DATES: This rule is effective from 9 p.m. (local) on July 2, 2006 
through 11 p.m. (local) on July 2, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD09-06-070 and are available for 
inspection or copying at U.S. Coast Guard Sector Lake Michigan, 2420 
South Lincoln Memorial Drive, Milwaukee, WI 53207 between 7 a.m. and 
3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Brad Hinken, 
Sector Lake Michigan, (414) 747-7154.

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. The permit application was not 
submitted in time to allow for publication of an NPRM followed by a 
temporary final rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good 
cause exists for making this rule effective less than 30 days from the 
date of publication. Any delay of the effective date of this rule would 
be contrary to the public interest by exposing the public to the known 
dangers associated with fireworks displays.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and spectators from hazards associated with a fireworks 
display. Based on accidents that have occurred in other Captain of the 
Port zones, and the explosive hazards of fireworks, the Captain of the 
Port Lake Michigan has determined fireworks launches in close proximity 
to watercraft pose significant risk to public safety and property. The 
likely combination of large numbers of recreation 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 location of the launch platform will help ensure 
the safety of persons and property at these events and help minimize 
the associated risks. This safety zone is necessary to ensure the 
safety of the public and boating traffic in the New Buffalo area during 
this event. The size of the zone was determined by fireworks shell size 
and previous experiences in the Captain of the Port Lake Michigan zone 
and local knowledge about wind, waves, and currents in this particular 
area.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of 
spectators and vessels during the setup, loading and launching of a 
fireworks display in conjunction with the Ship and Shore Festival 
Fireworks display. The fireworks display will occur between 9 p.m. 
(local) and 11 p.m. (local) on July 2, 2006. The safety zone will 
encompass all waters of Lake Michigan and New Buffalo Harbor within a 
1000-foot radius of the fireworks launching site located approximately 
600-feet north of the north pier in position 41-48.15' N and 086-44.81' 
W (NAD 83).
    All persons and vessels shall comply with the instructions of the 
Captain of the Port Lake Michigan or his designated on scene patrol 
personnel. Entry into, transiting, or anchoring within the safety zone 
is prohibited unless authorized by the Captain of the Port Lake 
Michigan or his designated on scene representative. The Captain of the 
Port Lake Michigan 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

[[Page 37836]]

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary.
    This determination is based upon the size and location of the 
safety zone within the waterway. Vessels will only be restricted from 
the safety zone for a short period of time. Vessels may transit through 
the safety zone with permission from the Captain of the Port Lake 
Michigan or his designated on-scene patrol commander.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 may be 
small entities: The owners or operators of vessels intending to transit 
or anchor near New Buffalo, MI, within the safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be in effect for two hours. Vessel traffic may enter or 
transit through the safety zone with the permission of the Captain of 
the Port Lake Michigan or his designated on-scene representative. 
Before the effective period, we will issue maritime advisories and 
ensure they are widely available to users of New Buffalo Harbor.

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 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 and you have questions concerning its provisions or 
options for compliance; please contact Coast Guard Sector Lake Michigan 
(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, 
Federalism, if it has a substantial direct effect on State or local 
government and would either preempt State law or impose a substantial 
direct cost of compliance on them. 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 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 concern 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.

Energy Effects

    We have 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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 procedure; and related management 
system 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 standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of

[[Page 37837]]

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.
    Under figure 2-1, paragraph 34(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are available in the docket where indicated under 
ADDRESSES.

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.T09-070 is added to read as follows:


Sec.  165.T09-070  Safety Zone; Ship and Shore Festival Fireworks New 
Buffalo, Michigan.

    (a) Location. The following area is a safety zone: All waters of 
Lake Michigan and New Buffalo Harbor within a 1000-foot radius of the 
fireworks launching site located approximately 600-feet north of the 
north pier in position 41[deg]-48.15[min] N and 086[deg]-44.81[min] W 
(NAD 83).
    (b) Effective period. This rule is effective from 9 p.m. (local) on 
July 2, 2006 until 11 p.m. (local) on July 2, 2006.
    (c) Regulations. In accordance with the general regulations in 33 
CFR 165.23 of this part, entry into this zone is subject to the 
following requirements:
    (1) This safety zone is closed to all marine traffic, except as may 
be permitted by the Captain of the Port or his duly appointed 
representative.
    (2) The ``duly appointed representative'' of the Captain of the 
Port is any Coast Guard commissioned, warrant or petty officer who has 
been designated by the Captain of the Port Lake Michigan to act on his 
behalf. The representative of the Captain of the Port will be aboard 
either a Coast Guard or Coast Guard Auxiliary vessel.
    (3) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port or his representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone shall comply with all directions given to 
them by the Captain of the Port or his representative.
    (4) The Captain of the Port may be contacted by telephone via the 
Sector Lake Michigan Operations Center at (414) 747-7182. Vessels 
assisting in the enforcement of the safety zone may be contacted on 
VHF-FM channel 16. Vessel operators may determine the restrictions in 
effect for the safety zone by coming alongside a vessel patrolling the 
perimeter of the safety zone.
    (5) Coast Guard Sector Lake Michigan will issue a Marine Safety 
Information Broadcast Notice to Mariners to notify the maritime 
community of the safety zone and restriction imposed.

    Dated: June 22, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. E6-10317 Filed 6-30-06; 8:45 am]
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