[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Rules and Regulations]
[Pages 54380-54382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22357]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0719]
RIN 1625-AA00


Safety Zone; Suttons Bay Labor Day Fireworks, Suttons Bay, Grand 
Traverse Bay, 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 Sault Sainte Marie zone. This zone is intended to 
restrict vessels from certain portions of water areas within Sector 
Sault Sainte Marie Captain of the Port zone, as defined by 33 CFR 3.45-
45. This temporary safety zone is necessary to protect spectators and 
vessels from the hazards associated with fireworks displays.

DATES: This rule is effective from 8 until 11 p.m. on September 3, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are is part of docket USCG-2011-0719 and are available 
online by going to http://www.regulations.gov, inserting USCG-2011-0719 
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 MST3 Kevin Moe, Prevention Department, 
Coast Guard, Sector Sault Sainte Marie, MI, telephone (906) 253-2429, 
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 doing so would be impracticable and 
contrary to the public interest. Notice of this fireworks display was 
not received in sufficient time for the Coast Guard to solicit public 
comments before the start of the event. Thus, waiting 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, waiting for a 30-day notice period to run 
would be impracticable and contrary to the public interest.

Background and Purpose

    On the evening of September 3, 2011, the Suttons Bay Chamber of 
Commerce will conduct a fireworks display to celebrate Labor Day. The 
celebration will take place next to Suttons Bay Marina Park in Suttons 
Bay, MI. The Captain of the Port Sault Sainte Marie has determined that 
the fireworks event poses various hazards to the public, including 
explosive dangers associated with fireworks, and debris falling into 
the water. To minimize these and other hazards, this rule will 
establish a temporary safety zone around the fireworks display.

Discussion of Rule

    To mitigate the risks associated with the Suttons Bay Labor Day 
Fireworks, 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 Suttons Bay, in the 
vicinity of the Municipal Marina, within the arc of a circle with a 
500ft radius from the fireworks launch site located on a barge 
positioned 44[deg]58'39.96'' N, 085[deg]38'33.78'' 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders. 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 created by this rule will be relatively 
small and enforced for relatively short time. Also, the safety zone is 
designed to minimize its impact on navigable waters. Furthermore, the 
safety zone has been designed to allow vessels to transit around it. 
Thus, restrictions on vessel movement within that particular area are 
expected to be minimal. Under certain conditions, moreover, vessels may 
still transit

[[Page 54381]]

through the safety zone when permitted by the Captain of the Port.

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: The owners or 
operators of vessels intending to transit or anchor in a portion of 
Suttons Bay in the vicinity of the Municipal Marina.
    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 this 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 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 
that 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 involves the establishment of a safety zone, and 
therefore, paragraph (34)(g) of figure 2-1 applies. A preliminary 
environmental analysis checklist supporting this preliminary 
determination will be available in the docket where indicated under 
ADDRESSES.

[[Page 54382]]

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.T09-0719 to read as follows:


Sec.  165.T09-0719  Safety Zone; Suttons Bay Labor Day Fireworks, 
Suttons Bay, Grand Traverse Bay, MI.

    (a) Location. The following area is a temporary safety zone: all 
waters of Lake Michigan within a 500-foot radius from the fireworks 
launch site, approximately 325 yards northwest of the Municipal Marina, 
at position 44[deg]58'39.96'' N, 085[deg]38'33.78'' W: [DATUM: NAD 83].
    (b) Effective and Enforcement period. This regulation is effective 
and will be enforced from 8 p.m. until 11 p.m. on September 3, 2011. If 
the September 3 fireworks are cancelled due to inclement weather, then 
this section will be effective and enforced September 4 from 8 p.m. 
until 11 p.m.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Sault 
Sainte Marie to monitor these safety zones, permit entry into these 
safety zones, give legally enforceable orders to persons or vessels 
within these safety zones, or take other actions authorized by the 
Captain of the Port.
    (2) Public vessel means a vessel owned, chartered, or operated by 
the United States or by a State or political subdivision thereof.
    (d) Regulations. (1) The general regulations in 33 CFR 165.23 
apply.
    (2) All persons and vessels must comply with the instructions of 
the Coast Guard Captain of the Port Sault Sainte Marie or a designated 
representative. Upon being hailed by the U.S. Coast Guard by siren, 
radio, flashing light or other means, the operator of a vessel shall 
proceed as directed.
    (3) When the safety zone established by this section is being 
enforced, all vessels must obtain permission from the Captain of the 
Port Sault Sainte Marie or his designated representative to enter, move 
within, or exit that safety zone. Vessels and persons granted 
permission to enter the safety zone shall obey all lawful orders or 
directions of the Captain of the Port or his designated representative. 
While within the safety zone, all vessels shall operate at the minimum 
speed necessary to maintain a safe course.
    (4) The Captain of the Port, Sector Sault Sainte Marie may suspend 
at any time the enforcement of the safety zone established under this 
section.
    (5) The Captain of the Port, Sector Sault Sainte Marie, will notify 
the public of the enforcement and suspension of enforcement of the 
safety zone established by this section via any means that will provide 
as much notice as possible to the public. These means might include 
some or all of those listed in 33 CFR 165.7(a). The primary method of 
notification, however, will be through Broadcast Notice to Mariners and 
local Notice to Mariners.
    (e) Exemption. Public vessels, as defined in paragraph (c) of this 
section, are exempt from the requirements in this section.

    Dated: August 16, 2011.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2011-22357 Filed 8-31-11; 8:45 am]
BILLING CODE 9110-04-P