[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Proposed Rules]
[Pages 25407-25410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09993]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0189]
RIN 1625-AA00


Safety Zones; National Cherry Festival Air Show and Fireworks 
Display; West Grand Traverse Bay, Traverse City, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish safety zones in the 
Captain of the Port Sault Sainte Marie Zone. These proposed safety 
zones are intended to restrict vessels from certain portions of water 
areas within Sector Sault Sainte Marie Captain of the Port zone. These 
temporary safety zones are necessary to protect spectators and vessels 
from the hazards associated with fireworks displays and aircraft 
involved in an air show.

DATES: Comments and related materials must be received by the Coast 
Guard on or before May 31, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-

[[Page 25408]]

2013-0189 using 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.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email MST1 Thomas Link, Prevention Department, Coast 
Guard, Sector Sault Sainte Marie, MI, telephone (906) 253-2443, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-0189), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online, it will be considered received by the Coast Guard when 
you successfully transmit the comment. If you fax, hand deliver, or 
mail your comment, it will be considered as having been received by the 
Coast Guard when it is received at the Docket Management Facility. We 
recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2013-0189) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-0189) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

B. Background and Purpose

    From June 28 to June 30, 2013, the National Cherry Festival in 
Traverse City, MI will host an air show over the West Arm of Grand 
Traverse Bay. At the conclusion of the National Cherry Festival on July 
6, 2013, fireworks will be launched in Grand Traverse Bay. The Captain 
of the Port, Sault Sainte Marie has determined that the air show and 
fireworks display pose various potential hazards to the public, 
including premature detonations, dangerous projectiles, and falling or 
burning debris.
    With these potential hazards in mind, the Captain of the Port Sault 
Sainte Marie proposes to establish a temporary safety zone pursuant to 
the authority granted in the Ports and Waterways Safety Act (33 U.S.C. 
1221 et seq.)

C. Discussion of Proposed Rule

    To safeguard against the dangers posed by the National Cherry 
Festival air show and fireworks display, the Captain of the Port, Sault 
Sainte Marie has determined that temporary safety zones are necessary. 
Thus, the Captain of the Port, Sault Sainte Marie proposes to establish 
two safety zones for the air show and fireworks display over the West 
Arm of Grand Traverse Bay.
    The proposed safety zone for the air show will be established on 
June 28, 2013, until June 30, 2013, in a position over West Grand 
Traverse Bay bounded by a line drawn from 44[deg]46'48'' N, 
085[deg]38'18'' W, then southeast to 44[deg]46'30'' N, 085[deg]35'30'' 
W, then southwest to 44[deg]46'00'' N, 085[deg]35'48'' W, then 
northwest to 44[deg]46'18'' N, 085[deg]38'18'' W, then back to the 
point of origin.
    This proposed safety zone will be effective from 12 p.m. on June 
28, 2013, until 3 p.m. on June 30, 2013. This proposed safety zone will 
be enforced daily from 12 p.m. until 3 p.m.
    A proposed safety zone will be established on July 6, 2013, for the 
National Cherry Festival Fireworks display over West Grand Traverse Bay 
within the arc of a circle with a 1000-foot radius from the fireworks 
launch site located on a barge in position 44[deg]46'12'' N, 
085[deg]37'06'' W.
    This proposed safety zone will be effective and enforced from 10 
p.m. to 11:30 p.m. on July 6, 2013.
    Entry into, transiting, or anchoring within the proposed safety 
zones is prohibited unless authorized by the

[[Page 25409]]

Captain of the Port, Sault Sainte Marie, or his on-scene 
representative. All persons and vessels authorized to enter the 
proposed safety zones shall comply with the instructions of the Coast 
Guard Captain of the Port or the designated on-scene representative. 
The Captain of the Port or his on-scene representative may be contacted 
via VHF Channel 16.

D. Regulatory Analyses

    We developed this proposed 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 proposed 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 proposed 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 proposed rule will be 
relatively small and enforced for a relatively short time. Also, the 
safety zones are designed to minimize their impacts on navigable waters 
in that vessels may still transit unrestricted portions of the 
waterways. Under certain conditions, moreover, vessels may still 
transit through the safety zones when permitted by the Captain of the 
Port, Sault Sainte Marie. On the whole, the Coast Guard expects 
insignificant adverse impact to mariners from the enforcement of this 
proposed rule.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule would affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit around West Grand Traverse Bay, Traverse City, 
Michigan, between 12:30 p.m. and 3 p.m. on June 28 to June 30, 2013, 
and from 10 p.m. to 11:30 p.m. on July 6, 2013.
    These proposed safety zones will not have a significant economic 
impact on a substantial number of small entities for the reasons 
discussed in the Regulatory Planning and Review section above.
    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 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact MST1 Thomas Link, Prevention Department, Coast Guard 
Sector Sault Sainte Marie, MI at (906) 253-2443. The Coast Guard will 
not retaliate against small entities that question or complain about 
this proposed rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule would call 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 the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

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

7. Taking of Private Property

    This proposed 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.

8. Civil Justice Reform

    This proposed 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.

9. Protection of Children From Environmental Health Risks

    We have analyzed this proposed 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.

10. Indian Tribal Governments

    This proposed 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.

11. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

12. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this proposed 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

[[Page 25410]]

have made a preliminary determination 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 proposed rule is 
categorically excluded, under figure 2-1, paragraph (34) (g), of the 
Commandant Instruction because it involves the establishment of a 
safety zone. A preliminary 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 proposed 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 proposes 
to amend 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. Add Sec.  165.T09-0189 to read as follows:


Sec.  165.T09-0189  Safety Zone; National Cherry Festival Air Show and 
Fireworks Display, West Grand Traverse Bay, Traverse City, MI.

    (a) National Cherry Festival Fireworks Display; Traverse City, MI:
    (1) Location: All U.S. navigable waters and adjacent shoreline of 
the West Arm of Grand Traverse Bay within the arc of a circle with a 
1000-foot radius from the fireworks launch site located on a barge in 
position 44[deg]46'12'' N, 085[deg]37'06'' W [DATUM: NAD 83].
    (2) Effective and Enforcement Period: This regulation will be 
enforced on July 6, 2013, from 10 p.m. until 11:30 p.m.
    (b) National Cherry Festival Air Show; Traverse City, MI:
    (1) Location: All U.S. navigable waters of the West Arm of Grand 
Traverse Bay bounded by a line drawn from 44[deg]46'48'' N, 
085[deg]38'18'' W, then southeast to 44[deg]46'30'' N, 085[deg]35'30'' 
W, then southwest to 44[deg]46'00'' N, 085[deg]35'48'' W, then 
northwest to 44[deg]46'30'' N, 085[deg]38'30'' W, then back to the 
point of origin [DATUM: NAD 83].
    (2) Effective and Enforcement period. This regulation will be 
enforced from 12 p.m. until 3 p.m. daily from June 28, to June 30, 
2013.
    (i) The Captain of the Port, Sault Sainte Marie may suspend 
enforcement of the safety zones established under this section.
    (ii) the Captain of the Port, Sault Sainte Marie will notify the 
public of the enforcement and suspension of enforcement of the safety 
zones established by this section via any means 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.
    (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 zones are established by this section and are 
being enforced, all vessels must obtain permission from the Captain of 
the Port, Sault Sainte Marie or his or her designated representative to 
enter, move within, or exit that safety zone. Vessels and persons 
granted permission to enter the safety zones shall obey all lawful 
orders or directions of the Captain of the Port or his or her 
designated representative. While within the safety zones, all vessels 
shall operate at the minimum speed necessary to maintain a safe course.
    (e) Exemption. Public vessels, as defined in paragraph (c) of this 
section, are exempt from the requirements in this section.

    Dated: April 4, 2013.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the Port, Sault Sainte Marie.
[FR Doc. 2013-09993 Filed 4-30-13; 8:45 am]
BILLING CODE 9110-04-P