[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Pages 38020-38023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16246]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0516]
RIN 1625-AA00


Safety Zone; Bay Point Fireworks, Bay Point Marina; Marblehead, 
OH

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 Lake Erie, Marblehead, Ohio. This 
Zone is intended to restrict vessels from portions of Lake Erie for the 
Bay Point Fireworks. This temporary safety zone is necessary to protect 
spectators and vessels from the hazards associated with fireworks 
displays.

DATES: This regulation is effective from 10 p.m. on July 2, 2011 
through 10:20 p.m. July 3, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0516 and are available online 
by going to http://www.regulations.gov, inserting

[[Page 38021]]

USCG-2011-0516 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 BM1 Tracy Girard, Response Department, 
Marine Safety Unit Toledo, Coast Guard; telephone (419) 418-6036, 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 waiting for a comment period to run 
would be impracticable and contrary to the public interest because it 
would prevent the Captain of the Port Detroit from protecting 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

    The Bay Point fireworks displays will occur between 10 p.m. and 
10:20 p.m. on July 2, 2011. In the case of inclement weather on July 2, 
2011, the fireworks display will occur between 10 p.m. until 10:20 p.m. 
on July 3, 2011, weather permitting. The Captain of the Port Detroit 
has determined that the Bay Point fireworks display will present 
hazards to spectators within the vicinity of the launch site. Such 
hazards include obstructions to the waterway, the explosive danger of 
fireworks, and debris falling into the water.

Discussion of Rule

    Because of the aforesaid hazards, the Captain of the Port, Sector 
Detroit has determined that a temporary safety zone is necessary to 
ensure the safety of spectators and vessels during the setup, loading, 
and launching of the Bay Point Fireworks display. Accordingly, the 
safety zone will encompass all U.S. navigable waters of Lake Erie 
within a 140-yard radius of the fireworks launch site, located at 
position 41[deg]30'29.23'' N, 082[deg]43'8.45'' 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, Sector Detroit or the designated 
representative. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port, Sector 
Detroit or his designated representative. The Captain of the Port, 
Sector Detroit or his designated 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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS). 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.

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 Lake Erie, Bay Point Marina; 
Marblehead, OH between 10 p.m. and 10:20 p.m. on July 2, 2011 or, in 
the case of inclement weather on July 2, 2011, from 10 p.m. until 10:20 
p.m. on July 3, 2011.
    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 twenty minutes total and commercial 
vessels can request permission 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

[[Page 38022]]

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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This rule will not affect 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 Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 023-01, 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. This rule involves the establishment of a safety 
zone and is therefore categorically excluded under paragraph 34(g) of 
the Instruction. 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.

    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, 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 Sec.  165.T09-0516 to read as follows:


Sec.  165.T09-0516  Safety Zone; Bay Point Fireworks, Bay Point Marina; 
Marblehead, OH.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of Lake Erie, Bay Point Marina, Marblehead, OH 
within a 140-yard radius of the fireworks launch site located at 
position 41[deg]30'29.23'' N, 082[deg]43'8.45'' W.
    (b) Effective and enforcement period. This regulation is effective 
from 10 p.m. on July 2, 2011 through 10:20 p.m. July 3, 2011. The 
safety zone will be enforced from 10 p.m. until to 10:20 p.m. on July 
2, 2011. In the case of inclement weather on July 2, 2011, this 
regulation may also be enforced from 10 p.m. until 10:20 p.m. on July 
3, 2011, weather permitting.
    (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 Detroit or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Detroit or his 
designated representative.
    (3) The ``designated representative'' of the Captain of the Port, 
Sector Detroit is any Coast Guard commissioned, warrant, or petty 
officer who has been designated by the Captain of the Port, Sector 
Detroit to act on his behalf. The designated representative of the 
Captain of the Port, Sector Detroit will be aboard either a Coast Guard 
or Coast Guard Auxiliary vessel. The Captain of the Port, Sector 
Detroit or his designated 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, Sector Detroit or his 
designated 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, 
Sector Detroit or his designated representative.


[[Page 38023]]


    Dated: June 16, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port, Sector Detroit.
[FR Doc. 2011-16246 Filed 6-28-11; 8:45 am]
BILLING CODE 9110-04-P