[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Rules and Regulations]
[Pages 32666-32668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13805]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0126]
RIN 1625-AA00


Safety Zones; Annual Fireworks Events in the Captain of the Port 
Detroit Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending rule 33 CFR 165.941, establishing 
safety zones for annual fireworks events in the Captain of the Port 
Detroit area of responsibility. This rule adds safety zones for 
fireworks events. These safety zones are necessary to protect 
spectators and vessels from the hazards associated with fireworks 
displays.

DATES: This rule is effective June 9, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0126 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0126 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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 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

    On April 14, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zones; Annual Fireworks Events in the Captain of 
the port Detroit Zone in the Federal Register (75 FR 19304). We 
received zero comments on the proposed rule. No public meeting was 
requested and none was held.
    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 operation and immediate action is necessary to 
prevent possible loss of life or property from the dangers that are 
associated with fireworks displays.

Basis and Purpose

    This rule adds additional events not previously published in 33 CFR 
165.941, Safety Zones; Annual Fireworks Events in the Captain of the 
Port Detroit Zone. These additional safety zones are necessary to 
protect vessels and spectators from the hazards associated with 
fireworks displays. Such hazards include obstructions to the waterway 
that may cause marine casualties, the explosive danger of fireworks and 
debris falling into the water that may cause death or serious bodily 
harm.

Discussion of Comments and Changes

    We received zero comments regarding the proposed rule. There are no 
substantive changes to the rule as proposed by the NPRM published on 
April 14, 2010.

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.
    We expect the economic impact of this 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 zones and 
the zones are in areas where the Coast Guard expects insignificant 
adverse impact to mariners from the zones' activation.
    The Coast Guard's use of these safety zones will be periodic, of 
short duration, and designed to minimize the impact on navigable 
waters. These safety zones will only be enforced immediately before, 
during, and after the time the events occur. Furthermore, these safety 
zones have been designed to

[[Page 32667]]

allow vessels to transit unrestricted to portions of the waterways not 
affected by the safety zones.

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 might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in the areas designated as safety zones in 
subparagraphs (50) through (56) during the dates and times the safety 
zones are being enforced.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule would be in effect for short periods of time, and only once per 
year, per zone. The safety zones have been designed to allow traffic to 
pass safely around the zone whenever possible and vessels will be 
allowed to pass through the zones with the permission of the Captain of 
the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). We received zero 
comments regarding the proposed rule.

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. We received zero comments regarding the proposed rule.

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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble. We received zero comments regarding the proposed rule.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights. We received zero comments regarding the proposed rule.

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. We received zero comments 
regarding the proposed rule.

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.
    We received zero comments regarding the proposed rule.

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. We received zero 
comments regarding the proposed rule.

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. We received zero comments regarding the 
proposed rule.

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. We received zero 
comments regarding the proposed rule.

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

[[Page 32668]]

(NEPA) (42 U.S.C. 4321-4370f), and have concluded this action is one of 
a category of actions that 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. This 
rule involves the establishment of safety zones. 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(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. Amend Sec.  165.941 by adding new paragraphs (a)(50) through (a)(56) 
to read as follows:


Sec.  165.941  Safety Zones; Annual Fireworks Events in the Captain of 
the Port Detroit Zone.

    (a) * * *
    (50) Celebrate America Fireworks, Grosse Pointe Farms, MI:
    (i) Location: All waters of Lake St. Clair within a 500-foot radius 
of the fireworks launch site located at position 42[deg]22'58'' N, 
082[deg]53'46'' W. (NAD 83). This area is located southeast of the 
Grosse Point Yacht Club.
    (ii) Expected date: One evening during the third week in June. The 
exact dates and times for this event will be determined annually.
    (51) Target Fireworks, Detroit, MI:
    (i) Location: The following three areas are safety zones:
    (A) 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 position 42[deg]19'23'' N, 083[deg]04'34'' W.
    (B) 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 083[deg]03'30'' W, on the North by the City of Detroit 
shoreline and on the East by 083[deg]01'15'' W.
    (C) 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.
    (ii) Expected date: One evening during the last week in June. The 
exact dates and times for this event will be determined annually.
    (52) Sigma Gamma Association Fireworks, Grosse Pointe Farms, MI:
    (i) Location: All waters of Lake St. Clair, within a 300-yard 
radius of the fireworks launch site located at position 42[deg]27' N, 
082[deg]52' W (NAD 83) This position is located in the vicinity of 
Ford's Cove.
    (ii) Expected date: One evening during the last week in June. The 
exact dates and times for this event will be determined annually.
    (53) Southside Summer Fireworks, Port Huron, MI:
    (i) Location: All waters of St. Clair River within a 300 yard 
radius of position 42[deg]57'55'' N, 082[deg]25'20'' W. This position 
is located on the shore of the St. Clair River in the vicinity of Oak 
and 3rd Street, Port Huron, MI. All geographic coordinates are North 
American Datum of 1983 (NAD 83).
    (ii) Expected date: One evening during the last week in June. The 
exact dates and times for this event will be determined annually.
    (54) Bay City Fireworks Festival, Bay City, MI:
    (i) Location: All waters of the Saginaw River near Bay City, MI, 
from the Veteran's Memorial Bridge, located at position 43[deg]35.8' N; 
083[deg]53.6' W, south approximately 1000 yards to the River Walk Pier, 
located at position 43[deg]35.3' N; 083[deg]53.8' W. All geographic 
coordinates are North American Datum of 1983 (NAD 83).
    (ii) Expected date: Three evenings during the first week in July. 
The exact dates and times for this event will be determined annually.
    (55) Toledo 4th of July Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River within a 300-yard 
radius of the fireworks launch site located at position 41[deg]38'35'' 
N, 083[deg]31'54'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (56) Toledo Labor Day Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River within a 300-yard 
radius of the fireworks launch site located at position 41[deg]38'35'' 
N, 083[deg]31'54'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (ii) Expected Date: One evening during the first week in September. 
The exact dates and times for this event will be determined annually.
* * * * *

    Dated: May 24, 2010.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2010-13805 Filed 6-8-10; 8:45 am]
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