[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Rules and Regulations]
[Pages 42176-42179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17409]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0313]
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 its regulations by adding four 
permanent safety zones within the Captain of the Port Detroit Zone. 
This action is necessary to provide for the safety of life and property 
on navigable waters during each event. This action is intended to 
restrict vessel traffic in portions of the Captain of the Port Detroit 
Zone.

DATES: This final rule is effective on August 17, 2012.

ADDRESSES: Comments and material received from the public, are part of 
docket number USCG-2012-0313 and are available for inspection by any 
one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Benjamin Nessia, Response Department, Marine Safety 
Unit Toledo, Coast Guard; telephone (419) 418-6040, email 
[email protected]. If you have questions on viewing material 
to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On May 22, 2012, 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 (77 FR 30245). We did not 
receive any comments in response to the proposed

[[Page 42177]]

rule. No public meeting was requested and none was held.

Basis and Purpose

    Currently, 33 CFR 165.941(a) permanently lists fifty-six permanent 
safety zones within the Captain of the Port Detroit Zone. Each of these 
fifty-six permanent safety zones corresponds to an annually recurring 
fireworks display. A recent survey within the Captain of the Port 
Detroit Zone revealed four additional recurring events that require, in 
the Captain of the Port's opinion, a safety zone because these events 
may present dangers to the boating public. The likely combination of 
large numbers of inexperienced recreational boaters, congested 
waterways, darkness punctuated by bright flashes of light, alcohol use, 
and debris falling into the water could easily result in serious 
injuries or fatalities. Three of these four additional fireworks 
displays occur within a single month each year. The other event, the 
Put-In-Bay Chamber of Commerce Fireworks, occurs four times a year; 
twice in June and twice in September. Each of these additional 
fireworks events typically occurs during the same week of its 
respective month, but the exact date and times of each of these events 
will be determined each year.

Background

    To mitigate the dangers presented by these four recurring fireworks 
displays, the Captain of the Port Detroit has determined that 
establishing safety zones is necessary. Thus, the Coast Guard is 
amending 33 CFR 165.941 by adding four permanent safety zones. These 
safety zones will be enforced in the following locations and at the 
following times:
    The safety zone for the Catawba Island Club Fireworks, Catawba 
Island, OH, will encompass all waters of Lake Erie within a 250-yard 
radius of the fireworks launch site located at position 41-34'-18.10'' 
N, 082-51'-18.70'' W (NAD 83). This zone will be enforced one evening 
during the last week in May.
    The safety zone for the Put-In-Bay Chamber of Commerce Fireworks, 
Put-In-Bay, OH, encompasses all the waters of Lake Erie within a 1000-
foot radius of the fireworks launch site located at position 41-39'-
19'' N, 082-48'-57'' W (NAD 83). This zone will be enforced one evening 
during the third week in June, one evening during the last week in 
June, one evening during the first week in September, and one evening 
during the second week in September.
    The safety zone for the Bay Point Fireworks Display, Marblehead, 
OH, encompasses all the waters of Lake Erie within a 250-yard radius of 
the fireworks launch site located at position 41[deg]30'29.23'' N, 
082[deg]43'8.45'' W (NAD 83). This zone will be enforced one evening 
during the first week in July.
    The safety zone for the Marysville Days Fireworks, Marysville, MI, 
encompasses all waters of the St. Clair River bounded by the arc of a 
circle with a 600-foot radius with its center in approximate position 
42[deg]54'25'' N, 082[deg]27'58'' W (NAD 83). This zone will be 
enforced one evening during the last week in June.
    The Captain of the Port Detroit will use all appropriate means to 
notify the public when the safety zones in this ruling will be 
enforced. Consistent with 33 CFR 165.7(a), such means of may include, 
among other things, publication in the Federal Register, Broadcast 
Notice to Mariners, Local Notice to Mariners, or, upon request, by 
facsimile (fax). Also, the Captain of the Port will issue a Broadcast 
Notice to Mariners notifying the public if enforcement of a safety zone 
in this section is cancelled prematurely.
    Entry into, transiting, or anchoring within each of these safety 
zones during a period of enforcement is prohibited unless authorized by 
the Captain of the Port Detroit, or his designated representative. The 
Captain of the Port or his designated representative may be contacted 
via VHF Channel 16.

Discussion of Comments and Changes

    No comments were received and there are no changes to the rule as 
proposed by the NPRM published on May 22, 2012.

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.

1. 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 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 zones established by this rule will be relatively small and 
enforced for relatively short time. Also, each safety zone is designed 
to minimize its impact on navigable waters. Furthermore, each safety 
zone has been designed to allow vessels to transit unrestricted to 
portions of the waterways not affected by the safety zones. Thus, 
restrictions on vessel movements within any particular area are 
expected to be minimal. Under certain conditions, moreover, vessels may 
still transit through each safety zone when permitted by the Captain of 
the Port. On the whole, the Coast Guard expects insignificant adverse 
impact to mariners from the activation of these safety zones.

2. 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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities: The owners and operators of vessels intending to 
transit or anchor in the above portions of Lake Erie and the Saint 
Clair River during the period that any of the proposed safety zones is 
being enforced.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for all of the reasons discussed 
in the above Regulatory Planning and Review section. If you think that 
your business, organization, or governmental jurisdiction qualifies as 
a small entity and that this rule would have a significant economic 
impact on it, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and how and to what degree this rule would 
economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 42178]]

Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. If this 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LTJG Benjamin Nessia, Response 
Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 
418-6040, email [email protected]. 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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This rule would 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.

9. 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.

10. 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. 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.

13. 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.

14. 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 made a 
preliminary determination that 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 involves the establishment 
of safety zones and thus, is categorically excluded under paragraph 
(34)(g) of the Instruction. An environmental analysis checklist 
supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

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. Chapters 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. In Sec.  165.941, add paragraphs (a)(56) through (59) to read as 
follows:


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

    (a) * * *
    (56) Catawba Island Club Fireworks; Catawba Island, OH:
    (i) Location. All waters of Lake Erie within a 250-yard radius of 
the fireworks launch site located at position 41-34'-18.10'' N, 082-
51'-18.70'' W (NAD 83).
    (ii) Expected date. This safety zone will be enforced one evening 
during the last week in May.
    (57) Put-In-Bay Chamber of Commerce Fireworks, Put-In-Bay, OH:

[[Page 42179]]

    (i) Location. All waters of Lake Erie within a 1,000-foot radius of 
the fireworks launch site located at position 41-39'-19'' N, 082-48'-
57'' W (NAD 83). This area is located in the Put-In-Bay Harbor.
    (ii) Expected dates. This safety zone will be enforced one evening 
during the third week in June, one evening during the last week in 
June, one evening during the first week in September, and one evening 
during the second week in September.
    (58) Bay Point Fireworks Display, Marblehead, OH:
    (i) Location. All waters of Lake Erie within a 250-yard radius of 
the fireworks launch site located at position 41-30'-29.23'' N, 082-
43'-8.45'' W (NAD 83).
    (ii) Expected date. This safety zone will be enforced one evening 
during the first week in July.
    (59) Marysville Days Fireworks, Marysville, MI:
    (i) Location. All waters of the St. Clair River within a 600 foot 
radius of the fireworks launch site located on land at position 42-54'-
25'' N, 082-27'-58'' W (NAD 83).
    (ii) Expected date. This safety zone will be enforced one evening 
during the last week in June.

    Dated: July 6, 2012.
D.V. Smith,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2012-17409 Filed 7-17-12; 8:45 am]
BILLING CODE 9110-04-P