[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Rules and Regulations]
[Pages 29428-29430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14549]



[[Page 29428]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0483]
RIN 1625-AA00


Safety Zone; Target Fireworks, Detroit River, Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Captain of the Port Detroit Zone on the Detroit River, Detroit, 
Michigan. This Zone is intended to restrict vessels from portions of 
the Detroit River during the Target Fireworks. This temporary safety 
zone is necessary to protect spectators and vessels from the hazards 
associated with fireworks displays.

DATES: This rule is effective from 7 a.m., June 20, 2009 until 12:15 
a.m., June 26, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0483 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2009-0483 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. They are also available for inspection or copying 
at the following location: The Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail CDR Joseph Snowden, Prevention 
Department, Sector Detroit, Coast Guard; telephone (313) 568-9508, e-
mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the permit application was not 
received in time to publish an NPRM followed by a final rule before the 
effective date and because immediate action is necessary to protect the 
safety of spectators and vessels.
    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. 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 and property. The Coast Guard has not 
received any complaints or negative comments previously with regard to 
events of this type and duration.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and spectators from hazards associated with a fireworks 
display. Such hazards include obstructions to the waterway that may 
cause marine casualties and the explosive danger of fireworks and 
debris falling into the water that may cause death or serious bodily 
harm. 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 Rule

    A temporary safety zone is necessary to ensure the safety of 
spectators and vessels during the setup, loading, and launching of the 
Target Fireworks Display. The fireworks display will occur between 10 
p.m. and 10:45 p.m., June 24, 2009. In the event of inclement weather, 
the fireworks display will occur between 10 p.m. and 10:45 p.m., June 
25, 2009.
    Three temporary safety zone areas will be in effect at different 
periods throughout the enforcement of this rule. The first safety zone 
area will encompass all waters of the Detroit River bounded by the arc 
of a circle with a 900-foot radius with its center in approximate 
position 42[deg]19'23'' N, 083[deg]04'34'' W from 7 a.m. to 9 p.m. on 
June 20, 2009, from 6 a.m. to 9 p.m. June 21, 2009, from 6 a.m. to 9 
p.m. June 22, 2009, from 6 a.m. to 9 p.m. June 23, 2009 and from 6 a.m. 
to 5 p.m. on June 24, 2009, and in the event of inclement weather, from 
6 a.m. to 5 p.m. on June 25, 2009.
    The second safety zone area will encompass a portion of the Detroit 
River bounded on the South by the International Boundary line, on the 
West by 83[deg]03'30'' W, on the North by the City of Detroit shoreline 
and on the East by 083[deg]01'15'' W from 5 p.m. on June 24, 2009 
through 12:15 a.m. on June 25, 2009, and in the event of inclement 
weather, from 5 p.m. on June 25 to 12:15 a.m. on June 26, 2009.
    The third safety zone area will restrict vessels 65 feet in length 
or greater from navigation or anchorage within a portion of the Detroit 
River bounded on the South by the International Boundary line, on the 
West by the Ambassador Bridge, on the North by the City of Detroit 
shoreline, and on the East by a line near the downstream end of Belle 
Isle starting at the U.S. shoreline at position 42[deg]20'17'' N; 
083[deg]00'39'' W, and extending to the International Boundary line at 
position 42[deg]19'53'' N; 083[deg]00'15'' W from 8 p.m. on June 24, 
2009 through 12:15 a.m. on June 25, 2009, and in the event of inclement 
weather, from 8 p.m. on June 25 to 12:15 a.m. on June 26, 2009.
    In the event of inclement weather, the date of the fireworks 
display will be June 25, 2009. 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 patrol 
personnel. 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 Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 it under that

[[Page 29429]]

Order. It is not ``significant'' under the regulatory policies and 
procedures of the Department of Homeland Security (DHS).
    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 zone's 
activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 and operators of vessels intending to 
transit or anchor in a portion of the Detroit River near Detroit, MI 
between 7 a.m. on June 20, 2009 and 12 a.m. on June 25, 2009.
    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 a few days for one event, and 
throughout most of the enforcement period, navigation around the safety 
zone will be available. 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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). 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 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 
governments 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 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

    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.

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 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 standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human

[[Page 29430]]

environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This rule involves the 
establishment of a safety zone. Based on our preliminary determination, 
there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, we believe that this rule should be categorically excluded, 
under figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. Because this event establishes a safety 
zone, paragraph (34)(g) of the Instruction applies. An environmental 
analysis checklist 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, 3306, 
3703; 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.


0
2. Add new temporary Sec.  165.T09-0483 as follows:


Sec.  165.T09-0483  Safety Zone; Target Fireworks; Detroit River; 
Detroit, MI.

    (a) Location. The following areas are temporary safety zones:
    (1) The first safety zone area will encompass all waters of the 
Detroit River bounded by the arc of a circle with a 900-foot radius 
with its center in approximate position 42[deg]19'23'' N, 
083[deg]04'34'' W (NAD 83).
    (2) The second safety zone area will encompass a portion of the 
Detroit River bounded on the South by the International Boundary line, 
on the West by 83[deg]03'30'' W, on the North by the City of Detroit 
shoreline and on the East by 083[deg]01'15'' W (NAD 83).
    (3) The third safety zone will encompass a portion of the Detroit 
River bounded on the South by the International Boundary line, on the 
West by the Ambassador Bridge, on the North by the City of Detroit 
shoreline, and on the East by the downstream end of Belle Isle. The 
Captain of the Port Detroit has determined that vessels below 65 feet 
in length may enter this zone.
    (b) Effective Period.
    (1) The first safety zone is effective from 7 a.m. on June 20, 2009 
to 5 p.m. on June 25 2009. The first safety zone will be enforced from 
7 a.m. to 9 p.m. on June 20, 2009, from 6 a.m. to 9 p.m. June 21, 2009, 
from 6 a.m. to 9 p.m. June 22, 2009, from 6 a.m. to 9 p.m. June 23, 
2009 and from 6 a.m. to 5 p.m. on June 24, 2009. In the event of 
inclement weather, the first safety zone will also be enforced from 6 
a.m. to 5 p.m. on June 25, 2009.
    (2) The second safety zone is effective from 5 p.m. on June 24, 
2009 through 12:15 a.m. on June 26, 2009. The second safety zone will 
be enforced from 5 p.m. on June 24, 2009 through 12:15 a.m. on June 25, 
2009. In the event of inclement weather, the second safety zone will 
also be enforced from 5 p.m. on June 25, 2009 to 12:15 a.m. on June 26, 
2009.
    (3) The third safety zone is effective from 8 p.m. on June 24, 2009 
through 12:15 a.m. on June 26, 2009. The third safety zone will be 
enforced from 8 p.m. on June 24, 2009 through 12:15 a.m. on June 25, 
2009. In the event of inclement weather, the third safety zone will 
also be enforced from 8 p.m. on June 25, 2009 to 12:15 a.m. on June 26, 
2009.
    (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 ``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 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 on-scene 
representative to obtain permission to do so.
    (5) 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 on-scene representative.

    Dated: June 8, 2009.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E9-14549 Filed 6-19-09; 8:45 am]
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