[Federal Register Volume 78, Number 144 (Friday, July 26, 2013)]
[Rules and Regulations]
[Pages 45057-45059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18025]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0661]
RIN 1625-AA00


Safety Zone; Alpena Area HOG Rally Fireworks, Alpena, Michigan

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 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 Coast Guard regulations. This temporary safety zone is necessary to 
protect spectators and vessels from the potential hazards associated 
with fireworks displays.

DATES: This rule is effective from 9:30 p.m. until 11:30 p.m. on July 
27, 2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2013-0661 and are available online 
by going to www.regulations.gov, inserting USCG-2013-0661 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

    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 an NPRM with respect to this rule 
because doing so would be impracticable. The final details for this 
event were not received by the Coast Guard with sufficient time to 
publish an NPRM. Thus, delaying this rule to wait for a comment period 
to run would be impracticable because it would inhibit the Coast 
Guard's ability to protect the public from the potential 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, a 30 day notice period would be impracticable 
and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas: 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, 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    On the evening of July 27, 2013, the Michigan Harley Owners Group 
will conclude a rally in Alpena, Michigan with a fireworks display. 
Fireworks will be launched near the end of Mason Street, South of State 
Avenue, approximately 50 yards west of Thunder Bay in Alpena, Michigan. 
The Captain of the Port, Sault Sainte Marie has determined that the 
fireworks event poses hazards to the public, including collisions among 
spectator craft and debris falling into the water.

C. Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Sault Sainte Marie has determined that this temporary safety zone is 
necessary to ensure the safety of vessels and people during the 
fireworks event. The temporary safety zone will encompass all U.S. 
waters of Lake Huron within an 800-foot radius of the fireworks launch 
site located near the end of Mason Street, South of State Avenue, at 
position 45[deg]02'42'' N, 083[deg]26'48'' W (NAD 83). The safety zone 
will be effective and enforced from 9:30 p.m. to 11:30 p.m. on July 27, 
2013.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Sault Sainte 
Marie or his 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 
his designated representative. The Captain of the Port or his 
designated 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 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. 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 small and enforced for 
only two hours. Under certain conditions, moreover, vessels may still 
transit through the safety zone when permitted by the Captain of the 
Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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

[[Page 45058]]

within the 800-foot radius of the launch site on the evening of July 
27, 2013.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: this 
rule will only be enforced for two hours. Vessels may safely pass 
outside the safety zone during the event. In the event that this 
temporary safety zone affects vessel traffic, vessels may request 
permission from the Captain of the Port Sault Sainte Marie to transit 
through the safety zone. Additionally, the Coast Guard will give notice 
to the public via a Local Notice to Mariners that the regulation is in 
effect.

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. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Technical Standards

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

13. 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 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-
2013-0661 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.T09-0661 to read as follows:


Sec.  165.T09-0661  Safety Zone; Alpena Area HOG Rally Fireworks, 
Alpena, Michigan.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of Lake Huron within an 800-foot radius of the 
fireworks launch site located near the end of Mason Street, South of 
State Avenue in Alpena, Michigan, at position 45[deg]02'42'' N, 
083[deg]26'48'' W (NAD 83).
    (b) Effective and enforcement period. This rule is effective and 
will be enforced from 9:30 p.m. until 11:30 p.m. on July 27, 2013.
    (c) 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

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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 or her 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: July 17, 2013.
S. C. Teschendorf,
Captain, U. S. Coast Guard, Captain of the Port, Sault Sainte Marie.
[FR Doc. 2013-18025 Filed 7-25-13; 8:45 am]
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