[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33124-33126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13344]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0354]
RIN 1625-AA00


Safety Zone; Ford Fireworks, Lake St. Clair, Harrison Twp, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones for 
navigable waters in Detroit River and Lake St. Clair, MI. The safety 
zones are necessary to protect spectators and vessels from potential 
hazards associated with the Ford Fireworks Display. Entry of vessels or 
persons into the zones is prohibited unless specifically authorized by 
the Captain of the Port Detroit or their representative.

DATES: This rule is effective from 8 a.m. on June 24, 2021 through 
11:59 p.m. on June 28, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0354 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 Ms. Tracy Girard, U.S. Coast Guard; (313) 475-7475, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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 temporary 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 a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so is impracticable since this 
safety zone must be established by June 24, 2021 and the Coast Guard 
did not receive notice of the event with sufficient time to undergo 
notice and comment before that date. Thus, delaying the effective date 
of this rule to wait for a comment period to run would be contrary to 
the public interest and impracticable by inhibiting the Coast Guard's 
ability to protect spectators and vessels from the hazards associated 
with a fireworks display with a potential blast zone.
    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. Delaying the effective date of 
this rule would be contrary to the rule's objectives in ensuring that 
the potential safety hazards associated with the Ford Fireworks display 
are effectively mitigated, and life and property on the navigable 
waters in the vicinity are protected.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit 
(COTP) has determined that potential hazards associated with the Ford 
Fireworks display starting June 24, 2021, will be a safety concern 
during the loading, transit, and execution of the Ford Fireworks. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
work is being completed.

IV. Discussion of the Rule

    This rule establishes three safety zones from 8 a.m. on June 24, 
2021 through 11:59 p.m. June 28, 2021. In the case of inclement weather 
on June 28, 2021, all three safety zones will be enforced the 
subsequent day. The first of the three safety zones is established to 
encompass all U.S. navigable waters of the Detroit River within a 
1,300-foot radius of fireworks loading site at 42[deg]17.418' N, 
083[deg]06.897' W (WGS 84). This first safety zone will be enforced 
from 8 a.m. on June 24, 2021 through 8 a.m. on June 28, 2021. The 
second safety zone is a 1,300-foot radius surrounding each barge while 
transiting in U.S. waters of the Detroit River from the loading site to 
the fireworks launch site on Lake St. Clair in the vicinity of the 
beach at the Lake St. Clair Metro Park. The second safety zone will be 
enforced from 8 a.m. through 7 p.m. on June 28, 2021. A third safety 
zone is established to encompass all U.S. navigable waters of Lake St. 
Clair within a 1,300-foot radius at the fireworks launch site in the 
vicinity of the beach at Lake St. Clair Metro Park. The third safety 
zone will be enforced from 7 p.m. through 11:59 p.m. on June 28, 2021. 
The duration of these safety zones is intended to protect personel, 
vessels, and the marine environment in these navigable waters while 
fireworks are being prepared, ignited, and after the display in the 
event of unexploded fireworks. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.

[[Page 33125]]

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, 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 necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
not will be able to safely transit around these safety zones in certain 
places which will impact a small designated area of the Detroit River 
and Lake St. Clair River for various times thoughout the duration of 
the 4 days. Moreover, the Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone, and the rule 
would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
call or email 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 have 
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 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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 a 
safety zone in various locations and times thoughout a 4 day period 
that will prohibit entry within 1300 yards radius of fireworks barges. 
It is categorically excluded from further review under paragraph 
L[60(a)] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-
01, Rev. 1. A Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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: 46 U.S.C. 70034, 70051; 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.T09-0354 to read as follows:


Sec.  165.T09-0354  Safety Zones; Ford Fireworks, Lake St. Clair, 
Harrison Twp, MI.

    (a) Location. The first of three safety zones is established to 
encompass all U.S. navigable waters of the Detroit

[[Page 33126]]

River within a 1,000-foot radius of fireworks loading site at 
42[deg]17.418' N, 083[deg]06.897' W (WGS 84). The second safety zone is 
a 1,300 foot radius surrounding each barge while transiting in U.S. 
waters of the Detroit River from the loading site to the fireworks 
launch site on Lake St. Clair in the vicinity of the beach at the Lake 
St. Clair Metro Park. A third safety zone is established to encompass 
all U.S. navigable waters of Lake St. Clair within a 1,300-foot radius 
at the fireworks launch site in the vicinity of the beach at Lake St. 
Clair Metro Park.
    (b) Enforcement period. The first safety zone described in 
paragraph (a) of this section will be enforced from 8 a.m. on June 24, 
2021 through 8 a.m. on June 28, 2021. The second safety zone described 
in paragraph (a) of this section will be enforced from 8 a.m. through 7 
p.m. on June 28, 2021. The third safety zone described in paragraph (a) 
of this section will be enforced from 7 p.m. through 11:59 p.m. on June 
28, 2021. In the case of inclement weather on June 28, 2021, all three 
safety zones will be enforced the subsequest day. The Captain of the 
Port Detroit will announce specific enforcement periods for these 
safety zones by Broadcast Notice to Mariners (BNM).
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within these safety 
zones is prohibited unless authorized by the Captain of the Port 
Detroit or a designated on-scene representative.
    (2) The safety zones are closed to all vessel traffic, except as 
may be permitted by the COTP Detroit or a designated on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant or petty officer or a 
federal, state, or local law enforcement officer designated by the 
Captain of the Port Detroit to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zones must contact the Captain of the Port Detroit or an on-scene 
representative to obtain permission to do so. The Captain of the Port 
Detroit or an 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 Detroit or an on-scene representative.

    Dated: June 14, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2021-13344 Filed 6-23-21; 8:45 am]
BILLING CODE 9110-04-P