[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Rules and Regulations]
[Pages 32465-32467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14740]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0472]
RIN 1625-AA00


Safety Zone; St. Ignace Fireworks Displays, St. Ignace, MI

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 Lake Huron during 
firework displays in East Moran Bay. This temporary safety zone is 
necessary to protect spectators and vessels from the potential hazards 
associated with the fallout from the aerial displays.

DATES: This rule is effective without actual notice from July 14, 2017 
to 10:00 p.m. on September 10, 2017. For purposes of enforcement, 
actual notice will be used from 10:00 p.m. on June 24, 2017 to July 14, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Sector Sault Sainte Marie Waterways Management Division, 
U.S. Coast Guard; telephone 906-253-2443, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this 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)(3)(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 Coast Guard received the 
safety zone request on March 9, 2017. The Coast Guard did not receive 
the final details of the requested safety zone with sufficient time for 
a comment period to run before the start of the fireworks display. 
Thus, delaying this rule to wait for a notice and 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 the fireworks display.
    We are issuing this final rule, and under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making it 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.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    On every Saturday from June 24th to September 9th, 2017 and on July 
4th 2017, St. Ignace will have fireworks displays at the end of the 
Arnold Transit Mill Slip. The state of Michigan regulates fireworks 
displays. This action is only for the safety zone. The Captain of the 
Port Sault Sainte Marie has determined that the pyrotechnics display 
will pose a significant risk to public safety and property. Such 
hazards include premature and accidental detonations, falling and 
burning debris, and collisions among spectator vessels. The special 
design of water shells requires a safety zone of at least 1,400 feet.

IV. Discussion of the Rule

    This rule is necessary to ensure the safety of vessels during the 
aforementioned displays. The temporary safety zone will encompass all 
U.S. waters of Lake Huron within a 1,400 foot radius from the end of 
Arnold Transit Mill Slip located at 45[deg]52'24.6'' N., 
084[deg]43'18.1'' W. The safety zone will be enforced from 10:00 p.m. 
to 11:30 p.m. on June 24, 2017, from 10:00 p.m. to 11:30 p.m. on July 
4, 2017, from 10:00 p.m. to 11:30 p.m. on July 8, 2017, from 9:45 p.m. 
to 11:15 p.m. on July 15, 2017, from 9:45 p.m. to 11:15 p.m. on July 
22, 2017, from 9:30 p.m. to 11:00 p.m. on July 29, 2017, from 9:30 p.m. 
to 11:00 p.m. on August 5, 2017, from 9:30 p.m. to 11:00 p.m. on August 
12, 2017, from 9:30 p.m. to 11:00 p.m. on August 19, 2017, from 9:30 
p.m. to 11:00 p.m. on August 26, 2017, from 9:30 p.m. to 11:00 p.m. on 
September 2, 2017, from 9:00 p.m. to 10:00 p.m. on September 9, 2017. 
If the fireworks are cancelled on Saturday due to inclement weather, 
then this section will be enforced on the following day. The rule will 
be enforced with actual notice as-needed to mitigate risks associated 
with the display.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Sault Sainte 
Marie, or a designated on-scene representative. The Captain of the Port 
or a designated on-scene representative may be contacted via VHF 
Channel 16 or telephone at 906-635-3233.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on these statutes and E.O.s and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is

[[Page 32466]]

necessary, to select regulatory approaches that maximize net benefits. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.'' This rule has not 
been designated a ``significant regulatory action,'' under Executive 
Order 12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    We conclude that this rule is not a significant regulatory action 
because we anticipate that 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 is 
confined to area encompassing the potential firework fallout area and 
will be enforced only for the duration of the display. Under certain 
conditions, moreover, vessels may still transit through the safety 
zones when permitted by the Captain of the Port.

B. 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 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 the vessels intending to 
transit or anchor in the vicinity of the safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons identified in the 
Regulatory Planning and Review section. Further, the Coast Guard will 
give advance notice to the public via a Broadcast Notice to Mariners so 
the public can plan accordingly.
    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.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 it is consistent with the fundamental federalism principles and 
preemption requirements described in Executive Order 13132. Also, this 
rule does not have tribal implications under E.O. 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. If you believe this rule has implications 
for federalism or Indian tribes, please contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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 (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 establishment of a safety zone and, therefore, is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated in the ADDRESSES section of this preamble. 
However, we seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. 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.

H. 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.

[[Page 32467]]

I. 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.

J. 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.

K. 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.

L. Technical Standards

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirement, 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0472 to read as follows:


Sec.  165.T09-0472   Safety Zone; St. Ignace Fireworks Displays, St. 
Ignace, Michigan.

    (a) Location. The following areas are temporary safety zones: All 
U.S. navigable waters of Lake Huron within a 1,400 foot radius from the 
end of Arnold Transit Mill Slip located at 45[deg]52'24.6'' N., 
084[deg]43'18.1'' W.
    (b) Effective and enforcement period. This rule is effective from 
10:00 p.m. on June 24, 2017 to 10:00 p.m. on September 10, 2017. The 
safety zone will be enforced from 10:00 p.m. to 11:30 p.m. on June 24, 
2017, from 10:00 p.m. to 11:30 p.m. on July 4, 2017, from 10:00 p.m. to 
11:30 p.m. on July 8, 2017, from 9:45 p.m. to 11:15 p.m. on July 15, 
2017, from 9:45 p.m. to 11:15 p.m. on July 22, 2017, from 9:30 p.m. to 
11:00 p.m. on July 29, 2017, from 9:30 p.m. to 11:00 p.m. on August 5, 
2017, from 9:30 p.m. to 11:00 p.m. on August 12, 2017, from 9:30 p.m. 
to 11:00 p.m. on August 19, 2017, from 9:30 p.m. to 11:00 p.m. on 
August 26, 2017, from 9:30 p.m. to 11:00 p.m. on September 2, 2017, 
from 9:00 p.m. to 10:00 p.m. on September 9, 2017. If the fireworks are 
cancelled on Saturday due to inclement weather, then this section will 
be enforced on the following day. The rule will be enforced with actual 
notice as-needed to mitigate risks associated with the display.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within these safety 
zones are 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 or her behalf. The on-scene representative 
of the Captain of the Port, Sault Sainte Marie will be aboard a Coast 
Guard 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 or telephone at 906-635-3233. 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 23, 2017.
M.R. Broz,
Captain, U.S. Coast Guard, Captain of the Port, Sault Sainte Marie.
[FR Doc. 2017-14740 Filed 7-13-17; 8:45 am]
 BILLING CODE 9110-04-P