[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Rules and Regulations]
[Pages 37966-37968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15164]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones in 
the Captain of the Port, Sault Sainte Marie zone. These safety zones 
are intended to restrict vessels from certain portions of water areas 
within Sector Sault Sainte Marie Captain of the Port zone. This 
temporary safety zone is necessary to protect spectators and vessels 
from the hazards associated with fireworks displays and aircraft 
involved in the National Cherry Festival.

DATES: These regulations are effective from 12 p.m. on June 28, 2013, 
until 11:30 p.m. on July 6, 2013. The Air Show safety zone will be 
enforced daily from 12 p.m. until 3 p.m. from June 28, 2013, to June 
30, 2013. The Fireworks safety zone will be enforced from 10 p.m. until 
11:30 p.m. on July 6, 2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2013-0189 and are available online 
by going to www.regulations.gov, inserting USCG-2013-0189 in the 
``SEARCH'' 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 MST1 Thomas Link, U.S. Coast Guard Sector 
Sault Sainte Marie, telephone 906-253-2443, email at 
[email protected]. If you have questions on viewing 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. Regulatory History and Information

    On May 1, 2013, the Coast Guard published an NPRM in the Federal 
Register (78 FR 25407) regarding two temporary safety zones for the 
National Cherry Festival fireworks display and air show. At the close 
of the comment period, no comments were received in response to the 
NPRM. Additionally, no public meeting was requested and none was held.
    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. The final details for this event 
were not received by the Coast Guard with sufficient time for a delayed 
effective period to run before the start of the event. Thus, delaying 
this rule to wait for a delayed effective 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 
potential hazards associated with maritime fireworks displays.

B. Basis and Purpose

    From June 28 to 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 will be establishing temporary safety zones pursuant to 
the authority granted in the Ports and Waterways Safety Act (33 U.S.C. 
Sec.  1221 et seq.)

C. Discussion of 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 will be establishing 
two safety zones for the air show and fireworks display over the West 
Arm of Grand Traverse Bay.
    The safety zone for the air show will be established on June 28 
through the 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.
    The air show safety zone will be effective and enforced daily from 
12 p.m. until 3 p.m. on June 28-30, 2013.
    A safety zone will be established on 6 July 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.
    The safety zone for the fireworks 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 safety zones is 
prohibited unless authorized by the Captain of the

[[Page 37967]]

Port, Sault Sainte Marie, or his on-scene representative. All persons 
and vessels authorized to enter the 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 rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on numerous 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, 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.
    The safety zones established by this 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 minimal impact to mariners from the 
enforcement of this rule.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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 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 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.

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 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 the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    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.

4. Collection of Information

    This rule will not call for a 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 rule under that Order and determined 
that this rule 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 will 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 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.

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 does not create an 
environmental risk to health or risk to safety that may 
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

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

13. Technical Standards

    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

[[Page 37968]]

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 determined 
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 it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket USCG-
2013-0246 where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 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; 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 is effective 
and will be enforced from 10 p.m. until 11:30 p.m. on July 6, 2013.
    (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 is effective 
and will be enforced from 12 p.m. until 3 p.m. daily from June 28 to 
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 in accordance with 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) 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, Sault Sainte Marie or his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sault Sainte Marie or his on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty 
officer who has been designated by the Captain of the Port, Sault 
Sainte Marie to act on his behalf. The on-scene representative of the 
Captain of the Port, 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, Sault Sainte Marie, or his 
on-scene representative to obtain permission to do so. The Captain of 
the Port, Sault Sainte Marie or his 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, Sault Sainte Marie or his on-
scene representative.

    Dated: June 14, 2013.
S.C. Teschendorf,
Captain, U.S. Coast Guard, Captain of the Port, Sault Sainte Marie.
[FR Doc. 2013-15164 Filed 6-24-13; 8:45 am]
BILLING CODE 9110-04-P