[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Rules and Regulations]
[Pages 35803-35805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17245]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0649]
RIN 1625-AA00


Safety Zone; Friends of Fireworks Celebration, Lake Huron, St. 
Ignace, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Huron, St. Ignace, MI. This zone is intended to restrict vessels 
from a portion of Lake Huron during the Friends of Fireworks 
Celebration fireworks displays taking place July 11 through September 
5, 2009. This temporary safety zone is necessary to protect spectators 
and vessels from the hazards associated with fireworks displays.

DATES: This rule is effective from 9 p.m. on July 11, 2009, until 11 
p.m. on September 5, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0649 and are available online 
at http://www.regulations.gov selecting the Advanced Docket Search 
option on the right side of the screen, inserting USCG-2009-0649 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 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 LCDR Christopher Friese, Prevention Dept. Chief, 
U.S. Coast Guard Sector Sault Sainte Marie, 906-635-3220 or email 
[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 an agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 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 a NPRM followed by a final rule before the 
effective date and immediate action is necessary to prevent possible 
loss of life and property that is potentially associated with this 
fireworks display.
    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 or property.

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 the explosive hazards of fireworks, the Captain of 
the Port Sault Sainte Marie has determined that fireworks launches 
proximate 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 Rule

    A temporary safety zone is necessary to ensure the safety of 
spectators and vessels during the setup, loading, and launching of 
fireworks displays in conjunction with the Friends of Fireworks 
Celebration fireworks displays. The fireworks displays will occur 
between 9 p.m. and 11 p.m. on July 11, July 18, July 25, August 1, 
August 8, August 15, August 22, August 29, and September 5, 2009. If a 
fireworks display is cancelled due to inclement weather, then the 
fireworks display will occur between 9 p.m. and 11 p.m. on the 
following day (July 12, July 19, July 26, August 2, August 9, August 
16, August 23, August 30, or September 6, 2009).
    The safety zone for the fireworks will encompass all waters of Lake 
Huron within a 1,000-foot radius from the fireworks launch site in East 
Moran Bay, with its center in position: 45[deg]52'43'' N, 
084[deg]43'69'' W. 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 Sector 
Sault Sainte Marie or his on-scene representative. The Captain of the 
Port or his on-scene representative may be contacted via VHF Channel 
16.

[[Page 35804]]

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 Order.
    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 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 Lake Huron off St. Ignace, Michigan 
between 9 p.m. and 11 p.m. on July 11, July 18, July 25, August 1, 
August 8, August 15, August 22, August 29, and September 5, 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 be in effect for only two hours for each event. Vessel 
traffic can safely pass outside the safety zone during the event. In 
the event that this temporary safety zone affects shipping, commercial 
vessels may request permission from the Captain of the Port Sault 
Sainte Marie to transit through the safety zone. The Coast Guard will 
give notice to the public via a Broadcast 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 offered to assist small 
entities in understanding the rule so that they could 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 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 would not result in such 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 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.

[[Page 35805]]

    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 environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction, because it involves the establishment of a 
temporary safety zone.
    A final 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. Chapters 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.T09-0649 as follows:


Sec.  165.T09-0649  Safety Zone; Friends of Fireworks Celebration, Lake 
Huron, St. Ignace, MI.

    (a) Location. The following area is a temporary safety zone: all 
waters of Lake Huron within a 1,000-foot radius from the Fireworks 
launch site in East Moran Bay, with its center in position: 
45[deg]52[min]43[sec] N, 84[deg]43[min]69[sec] W. (NAD 83).
    (b) Effective period. This rule is effective from 9 p.m. on July 
11, 2009 until 11 p.m. on September 5, 2009. This rule will be enforced 
from 9 p.m. to 11 p.m. on July 11, July 18, July 25, August 1, August 
8, August 15, August 22, August 29, and September 5, 2009. If a 
fireworks are cancelled due to inclement weather, then this rule will 
be enforced from 9 p.m. to 11 p.m. on the following day (July 12, July 
19, July 26, August 2, August 9, August 16, August 23, August 30, or 
September 6, 2009).
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port Sault Sainte Marie or on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Sault Sainte Marie or his 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.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Sault Sainte Marie or his 
on-scene representative to obtain permission to do so. The Captain of 
the Port or his on-scene representative may be contacted via VHF 
Channel 16. 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 Sault Sainte Marie or his on-scene representative.

    Dated: July 8, 2009.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. E9-17245 Filed 7-20-09; 8:45 am]
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