[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27895-27897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11807]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0325]
RIN 1625-A008


Safety Zone; 2011 Memorial Day Tribute Fireworks, Lake 
Charlevoix, Boyne City, 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 Charlevoix near Boyne City, Michigan. This zone is intended to 
restrict vessels from a portion of Lake Charlevoix due to a fireworks 
display. This temporary safety zone is necessary to protect the 
surrounding public and vessels from the hazards associated with a 
fireworks display.

DATES: This rule is effective from 10 p.m. until 10:45 p.m. on May 28, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0325 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0325 in the 
``Keyword'' box, and then clicking ``Search.'' 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 or e-mail MST1 Aaron Woof, U.S. Coast Guard, 
Sector Sault Sainte Marie, telephone 906-253-2423, e-mail at 
[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 doing so would be impracticable and 
contrary to the public interest. Delaying this rule to wait for a 
notice and comment period to run would be impracticable and contrary to 
the public interest because it would inhibit the Coast Guard's ability 
to protect the public from the hazards associated with maritime 
fireworks displays.
    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. For the same reasons discussed in 
the preceding paragraph, a 30 day notice period would be impracticable 
and contrary to the public interest.

Background and Purpose

    On May 28, 2011 fireworks will be launched from a point on Lake 
Charlevoix to commemorate Memorial Day. The Captain of the Port, Sector 
Sault Sainte Marie, has determined that the Memorial Day Tribute 
Fireworks Display will pose significant risks to the public. The likely 
congested waterways in the vicinity of a fireworks display could easily 
result in serious injuries or fatalities.

Discussion of Rule

    To mitigate the risks associated with the Memorial Day Tribute 
Fireworks Display, the Captain of the Port, Sector Sault Sainte Marie 
will enforce a temporary safety zone in the vicinity of the launch 
site. This safety zone will encompass all waters of Lake Charlevoix, in 
the vicinity of Sommerset Pointe, within the arc of a circle with an 
800ft radius from the fireworks launch site located on a barge 
positioned 45[deg]13'04'' N, 085[deg]03'41'' W [DATUM: NAD 83].
    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 or her on-scene representative. The Captain of the 
Port, Sector Sault Sainte Marie, or his or her 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 Order. We conclude that this rule is not a 
significant regulatory action because we anticipate that it will have 
minimal impact on the economy, will not interfere with other agencies, 
will not adversely alter the budget of any grant or loan recipients, 
and will not raise any novel legal or policy issues. The safety zone 
will be relatively small and will exist for only a minimal time. Under 
certain conditions, moreover, vessels may still transit through the 
safety zone when permitted by proper authority.

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

[[Page 27896]]

entities: The owners or operators of vessels intending to transit or 
anchor in a portion of Lake Charlevoix between 10 p.m. and 10:45 p.m. 
on May 28, 2010.
    This safety zone will not have significant economic impact on a 
substantial number of small entities for the following reasons: this 
rule will only be enforced for a short period of time. Vessels may 
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, Sector 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 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 (adjusted for 
inflation) 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 cause 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 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 because it involves the establishment of a safety zone.
    A final 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.

    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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191; 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 Sec.  165.T09-0325 to read as follows:

[[Page 27897]]

Sec.  165.T09-0325  Safety Zone; 2011 Memorial Day Tribute Fireworks, 
Lake Charlevoix, Boyne City, Michigan.

    (a) Location. The safety zone will encompass all U.S. navigable 
waters of Lake Charlevoix, in the vicinity of Sommerset Pointe, within 
the arc of a circle with a 800-foot radius from a fireworks launch site 
located on a barge at position 45[deg]13'04'' N, 085[deg]03'41'' W 
[DATUM: NAD 83].
    (b) Effective and enforcement period. This rule is effective and 
will be enforced from 10:00 p.m. until 10:45 p.m. on May 28, 2011.
    (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, Sector 
Sault Sainte Marie, or his or her on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Sault Sainte Marie, or 
his or her on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Sault Sainte Marie, is any Coast Guard commissioned, warrant or 
petty officer who has been designated by the Captain of the Port, 
Sector Sault Sainte Marie, to act on his or her behalf. The on-scene 
representative of the Captain of the Port, Sector Sault Sainte Marie, 
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter the or operate within the 
safety zone shall contact the Captain of the Port, Sector Sault Sainte 
Marie, or his or her on-scene representative to obtain permission to do 
so. The Captain of the Port, Sector Sault Sainte Marie, or his or her 
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, 
Sector Sault Sainte Marie, or his or her on-scene representative.

    Dated: May 2, 2011.
J.C. Mcguiness.
Captain, U.S. Coast Guard Captain of the Port Sault Sainte Marie.
[FR Doc. 2011-11807 Filed 5-12-11; 8:45 am]
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