[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]
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