[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Proposed Rules]
[Pages 33184-33186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11536]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-016]
RIN 1625-AA00


Safety Zone; Marine City Maritime Festival Fireworks, St. Clair 
River, Marine City, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a temporary safety zone 
on the St. Clair River, Marine City, Michigan. This zone is intended to 
restrict vessels from portions of the St. Clair River during the Marine 
City Maritime Festival Fireworks Display. This temporary safety zone is 
necessary to protect spectators and vessels from the hazards associated 
with fireworks displays.

DATES: Comments and related material must reach the Coast Guard on or 
before July 16, 2007.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Sector Detroit, 110 Mt. Elliot Ave., Detroit, MI 48207. U.S. 
Coast Guard Sector Detroit maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at U.S. Coast Guard Sector Detroit, 110 Mt. Elliot Ave., 
Detroit, MI 48207 between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Jeff Ahlgren, Waterways Management, 
U.S. Coast Guard Sector Detroit, 110 Mt. Elliot Ave., Detroit, MI 
48207; (313) 568-9580.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD09-06-
016), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to U.S. Coast Guard Sector Detroit at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

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 Detroit 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.

Discussion of Proposed 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 Marine City Maritime Festival 
Fireworks display. The fireworks display will occur between 9:30 p.m. 
(local) and 11:30 p.m. (local), September 22, 2007. If this event does 
not take place at the scheduled time and date due to adverse weather, 
the fireworks display will occur between 9:30 p.m. (local) and 11:30 
p.m., September 23, 2007.
    The safety zone for the fireworks will encompass all waters of the 
St. Clair River enclosed by a line connecting the following points: 42-
42-51.5N/082-29-13.97W; 42-43-07.55N/082-29-08.12W; 42-43-04.93N/082-
28-54.11W; 42-42-48.58N/082-29-00.81W. This safety zone is located in 
the St. Clair River, east of the lighthouse in Marine City, MI, near 
the center of the river. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
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 on-scene representative may be contacted via VHF Channel 16.

Regulatory Evaluation

    This proposed 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 it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zone and the zone is an area where the Coast 
Guard expects insignificant adverse impact to mariners from the zones' 
activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have

[[Page 33185]]

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 proposed 
rule would 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 in a portion of the St. Clair River from 
9:30 p.m. (local) to 11:30 p.m. (local) on September 22, 2007. If this 
event does not take place at the scheduled time and date due to adverse 
weather, this rule will affect the owners or operators of vessels 
intending to transit or anchor in a portion of the St. Clair River from 
9:30 p.m. (local) to 11:30 p.m. (local) on September 23, 2007.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only 2 hours. Vessel traffic can pass safely 
around the safety zone. In the event that this temporary safety zone 
affects shipping, commercial vessels may request permission from the 
Captain of the Port Detroit to transit through the safety zone. The 
Coast Guard will give notice to the public via a Broadcast Notice to 
Mariners that the regulation is in effect.
    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 LT Jeff Ahlgren, Waterways 
Management, U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave., 
Detroit, MI 48207; (313) 568-9580. The Coast Guard will not retaliate 
against small entities that question or complain about this rule or any 
policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed 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 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 proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that this safety zone and fishing rights 
protection need not be incompatible. We have also determined that this 
Proposed 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. Nevertheless, Indian 
Tribes that have questions concerning the provisions of this Proposed 
Rule or options for compliance are encouraged to contact the point of 
contact listed under FOR FURTHER INFORMATION CONTACT.

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. 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 procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

[[Page 33186]]

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. Draft documentation 
supporting this preliminary determination is available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Add Sec.  165.T09-016 to read as follows:


Sec.  165.T09-016  Safety Zone; Marine City Maritime Festival 
Fireworks, St. Clair River, Marine City, MI.

    (a) Location. The following area is a temporary safety zone: All 
waters of the St. Clair River, off of Marine City, MI, bounded by 
straight lines connecting the following points: 42-42-51.5N/082-29-
13.97W; 42-43-07.55N/082-29-08.12W; 42-43-04.93N/082-28-54.11W; 42-42-
48.58N/082-29-00.81W (NAD 83). This safety zone is located in the St. 
Clair River, east of the lighthouse in Marine City, MI, near the center 
of the river.
    (b) Effective period. This rule is effective from 9:30 p.m. on 
September 22, 2007 to 11:30 p.m. on September 23, 2007. In the event 
that the fireworks are cancelled due to inclement weather on September 
22, then the rule will be effective from 9:30 p.m. to 11:30 p.m. on 
September 23, 2007.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, 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.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``designated on-scene 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 to act on his behalf. 
The designated on-scene representative of the Captain of the Port will 
be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The 
Captain of the Port or his designated on-scene representative may be 
contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his designated 
on-scene representative to obtain permission to do so. Vessel operators 
given permission to enter or operate in the safety zone must comply 
with all directions given to them by the Captain of the Port or his 
designated on-scene representative.

    Dated: May 15, 2007.
P. W. Brennan,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
 [FR Doc. E7-11536 Filed 6-14-07; 8:45 am]
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