[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Rules and Regulations]
[Pages 33094-33096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13518]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0200]
RIN 1625-AA00


Safety Zone; International Bridge 50th Anniversary Celebration 
Fireworks, St. Mary's River, U.S. Army Corps of Engineers Locks, Sault 
Sainte Marie, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
specified waters of Captain of the Port Sault Sainte Marie zone. This 
safety 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 10 p.m. until 12 a.m. on June 28, 
2012.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket USCG-2012-0200 and are available online by going to 
http://www.regulations.gov, inserting USCG-2012-0200 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 email MST3 Kevin Moe, U.S. Coast Guard, Sector 
Sault Sainte Marie, telephone 906-253-2429, email 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

    On April 12, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; International Bridge 50th Anniversary 
Celebration Fireworks, St Mary's River, U.S. Army Corps of Engineers 
Locks, Sault Sainte Marie, MI; in the Federal Register (77 FR 21893). 
We received 1 public submission commenting on the proposed rule. No 
public meeting was requested, and none was held.

Basis and Purpose

    On the evening of 28 June 2012, The International Bridge 
Administration will be celebrating the International Bridge 50th 
Anniversary. As part of that celebration, fireworks will be launched 
from the northeast pier of the U.S. Army Corp of Engineers Soo Locks. 
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.

Discussion of Comments and Changes

    The Coast Guard received 1 public submission from an anonymous 
source commenting on the benefits of promoting safety in firework 
displays, but not commenting on the specifics of this rule.

Discussion of Rule

    This rule and its associated safety zone are necessary to ensure 
the safety of vessels and people during the aforementioned fireworks 
event. The temporary safety zone will encompass all waters within a 
750-foot radius around the eastern portion of the U.S. Army Corps of 
Engineers Soo Locks North East Pier, centered on position:

[[Page 33095]]

46[deg]30'19.66'' N, 084[deg]20'31.61'' W [DATUM: NAD 83].
    In accordance with 33 CFR 165.7(a), the Captain of the Port Sault 
Sainte Marie will use all appropriate means to notify the affected 
segments of the public when the safety zone will be enforced.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Sault Sainte 
Marie or his or her designated representative. All persons and vessels 
permitted to enter the safety zone established by this rule shall 
comply with the instructions of the Coast Guard Captain of the Port or 
the designated representative. The Captain of the Port or his or her 
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, 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.
    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. 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 entities: The owners or operators of vessels intending to 
transit or anchor in the vicinity of U.S. Army Corps of Engineers Soo 
Locks North East Pier between 10 p.m. and 12 a.m. on June 28, 2012.
    This temporary 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), 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.

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. On April 12, 2012, we published a notice of proposed 
rulemaking (NPRM) entitled Safety Zone; International Bridge 50th 
Anniversary Celebration Fireworks, St. Mary's River, U.S. Army Corps of 
Engineers Locks, Sault Sainte Marie, MI; in the Federal Register (76 FR 
22064). We received 1 public submission commenting on 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 an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble. On April 12, 2012, we published a notice of proposed 
rulemaking (NPRM) entitled Safety Zone; International Bridge 50th 
Anniversary Celebration Fireworks, St. Mary's River, U.S. Army Corps of 
Engineers Locks, Sault Sainte Marie, MI; in the Federal Register (76 FR 
22064). We received 1 public submission commenting on 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. On April 12, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; International Bridge 50th Anniversary 
Celebration Fireworks, St. Mary's River, U.S. Army Corps of Engineers 
Locks, Sault Sainte Marie, MI; in the Federal Register (76 FR 22064). 
We received 1 public submission commenting on 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. On April 12, 2012, we published 
a notice of proposed rulemaking (NPRM) entitled Safety Zone; 
International Bridge 50th Anniversary Celebration Fireworks, St. Mary's 
River, U.S. Army Corps of Engineers Locks, Sault Sainte Marie, MI; in 
the Federal Register (76 FR 22064). We received 1 public submission 
commenting on 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. On April 12, 2012, we published a 
notice of proposed rulemaking (NPRM) entitled Safety Zone; 
International Bridge 50th

[[Page 33096]]

Anniversary Celebration Fireworks, St. Mary's River, U.S. Army Corps of 
Engineers Locks, Sault Sainte Marie, MI; in the Federal Register (76 FR 
22064). We received 1 public submission commenting on 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. On April 12, 2012, we 
published a notice of proposed rulemaking (NPRM) entitled Safety Zone; 
International Bridge 50th Anniversary Celebration Fireworks, St. Mary's 
River, U.S. Army Corps of Engineers Locks, Sault Sainte Marie, MI; in 
the Federal Register (76 FR 22064). We received 1 public submission 
commenting on 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. On April 12, 2012, we published a notice 
of proposed rulemaking (NPRM) entitled Safety Zone; International 
Bridge 50th Anniversary Celebration Fireworks, St. Mary's River, U.S. 
Army Corps of Engineers Locks, Sault Sainte Marie, MI; in the Federal 
Register (76 FR 22064). We received 1 public submission commenting on 
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. On April 12, 2012, 
we published a notice of proposed rulemaking (NPRM) entitled Safety 
Zone; International Bridge 50th Anniversary Celebration Fireworks, St. 
Mary's River, U.S. Army Corps of Engineers Locks, Sault Sainte Marie, 
MI; in the Federal Register (76 FR 22064). We received 1 public 
submission commenting on 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 (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.T09-0200 to read as follows:


Sec.  165.T09-0200  Safety Zone International Bridge 50th Anniversary 
Celebration Fireworks, St. Mary's River, U.S. Army Corps of Engineers 
Locks, Sault Sainte Marie, MI.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of the St. Mary's River within a 750-foot radius 
around the eastern portion of the U.S. Army Corp of Engineers Soo Locks 
North East Pier, centered on position: 46[deg]30'19.66'' N, 
084[deg]20'31.61'' W [DATUM: NAD 83].
    (b) Effective and enforcement period. This rule is effective and 
will be enforced from 10 p.m. until 12 a.m. on June 28, 2012.
    (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, 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 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 21, 2012.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2012-13518 Filed 6-4-12; 8:45 am]
BILLING CODE 9110-04-P