[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Rules and Regulations]
[Pages 42176-42179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17409]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0313]
RIN 1625-AA00
Safety Zones; Annual Fireworks Events in the Captain of the Port
Detroit Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending its regulations by adding four
permanent safety zones within the Captain of the Port Detroit Zone.
This action is necessary to provide for the safety of life and property
on navigable waters during each event. This action is intended to
restrict vessel traffic in portions of the Captain of the Port Detroit
Zone.
DATES: This final rule is effective on August 17, 2012.
ADDRESSES: Comments and material received from the public, are part of
docket number USCG-2012-0313 and are available for inspection by any
one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Benjamin Nessia, Response Department, Marine Safety
Unit Toledo, Coast Guard; telephone (419) 418-6040, email
[email protected]. If you have questions on viewing material
to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 22, 2012, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones; Annual Fireworks Events in the Captain of
the Port Detroit Zone in the Federal Register (77 FR 30245). We did not
receive any comments in response to the proposed
[[Page 42177]]
rule. No public meeting was requested and none was held.
Basis and Purpose
Currently, 33 CFR 165.941(a) permanently lists fifty-six permanent
safety zones within the Captain of the Port Detroit Zone. Each of these
fifty-six permanent safety zones corresponds to an annually recurring
fireworks display. A recent survey within the Captain of the Port
Detroit Zone revealed four additional recurring events that require, in
the Captain of the Port's opinion, a safety zone because these events
may present dangers to the boating public. The likely combination of
large numbers of inexperienced recreational boaters, congested
waterways, darkness punctuated by bright flashes of light, alcohol use,
and debris falling into the water could easily result in serious
injuries or fatalities. Three of these four additional fireworks
displays occur within a single month each year. The other event, the
Put-In-Bay Chamber of Commerce Fireworks, occurs four times a year;
twice in June and twice in September. Each of these additional
fireworks events typically occurs during the same week of its
respective month, but the exact date and times of each of these events
will be determined each year.
Background
To mitigate the dangers presented by these four recurring fireworks
displays, the Captain of the Port Detroit has determined that
establishing safety zones is necessary. Thus, the Coast Guard is
amending 33 CFR 165.941 by adding four permanent safety zones. These
safety zones will be enforced in the following locations and at the
following times:
The safety zone for the Catawba Island Club Fireworks, Catawba
Island, OH, will encompass all waters of Lake Erie within a 250-yard
radius of the fireworks launch site located at position 41-34'-18.10''
N, 082-51'-18.70'' W (NAD 83). This zone will be enforced one evening
during the last week in May.
The safety zone for the Put-In-Bay Chamber of Commerce Fireworks,
Put-In-Bay, OH, encompasses all the waters of Lake Erie within a 1000-
foot radius of the fireworks launch site located at position 41-39'-
19'' N, 082-48'-57'' W (NAD 83). This zone will be enforced one evening
during the third week in June, one evening during the last week in
June, one evening during the first week in September, and one evening
during the second week in September.
The safety zone for the Bay Point Fireworks Display, Marblehead,
OH, encompasses all the waters of Lake Erie within a 250-yard radius of
the fireworks launch site located at position 41[deg]30'29.23'' N,
082[deg]43'8.45'' W (NAD 83). This zone will be enforced one evening
during the first week in July.
The safety zone for the Marysville Days Fireworks, Marysville, MI,
encompasses all waters of the St. Clair River bounded by the arc of a
circle with a 600-foot radius with its center in approximate position
42[deg]54'25'' N, 082[deg]27'58'' W (NAD 83). This zone will be
enforced one evening during the last week in June.
The Captain of the Port Detroit will use all appropriate means to
notify the public when the safety zones in this ruling will be
enforced. Consistent with 33 CFR 165.7(a), such means of may include,
among other things, publication in the Federal Register, Broadcast
Notice to Mariners, Local Notice to Mariners, or, upon request, by
facsimile (fax). Also, the Captain of the Port will issue a Broadcast
Notice to Mariners notifying the public if enforcement of a safety zone
in this section is cancelled prematurely.
Entry into, transiting, or anchoring within each of these safety
zones during a period of enforcement is prohibited unless authorized by
the Captain of the Port Detroit, or his designated representative. The
Captain of the Port or his designated representative may be contacted
via VHF Channel 16.
Discussion of Comments and Changes
No comments were received and there are no changes to the rule as
proposed by the NPRM published on May 22, 2012.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of 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 (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 relatively short time. Also, each safety zone is designed
to minimize its impact on navigable waters. Furthermore, each safety
zone has been designed to allow vessels to transit unrestricted to
portions of the waterways not affected by the safety zones. Thus,
restrictions on vessel movements within any particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through each safety zone when permitted by the Captain of
the Port. On the whole, the Coast Guard expects insignificant adverse
impact to mariners from the activation of these safety zones.
2. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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
would not have a significant economic impact on a substantial number of
small entities.
This rule would affect the following entities, some of which might
be small entities: The owners and operators of vessels intending to
transit or anchor in the above portions of Lake Erie and the Saint
Clair River during the period that any of the proposed safety zones is
being enforced.
These safety zones will not have a significant economic impact on a
substantial number of small entities for all of the reasons discussed
in the above Regulatory Planning and Review section. If you think that
your business, organization, or governmental jurisdiction qualifies as
a small entity and that this rule would have a significant economic
impact on it, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and how and to what degree this rule would
economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 42178]]
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. If this
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LTJG Benjamin Nessia, Response
Department, Marine Safety Unit Toledo, Coast Guard; telephone (419)
418-6040, email [email protected]. 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 calls for no 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it 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 would 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 would not affect 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 would not create an
environmental risk to health or risk to safety that might
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
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
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
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 made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. This rule involves the establishment
of safety zones and thus, is categorically excluded under paragraph
(34)(g) of the Instruction. An environmental analysis checklist
supporting this determination is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
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: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 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. In Sec. 165.941, add paragraphs (a)(56) through (59) to read as
follows:
Sec. 165.941 Safety Zones; Annual Events in the Captain of the Port
Detroit Zone.
(a) * * *
(56) Catawba Island Club Fireworks; Catawba Island, OH:
(i) Location. All waters of Lake Erie within a 250-yard radius of
the fireworks launch site located at position 41-34'-18.10'' N, 082-
51'-18.70'' W (NAD 83).
(ii) Expected date. This safety zone will be enforced one evening
during the last week in May.
(57) Put-In-Bay Chamber of Commerce Fireworks, Put-In-Bay, OH:
[[Page 42179]]
(i) Location. All waters of Lake Erie within a 1,000-foot radius of
the fireworks launch site located at position 41-39'-19'' N, 082-48'-
57'' W (NAD 83). This area is located in the Put-In-Bay Harbor.
(ii) Expected dates. This safety zone will be enforced one evening
during the third week in June, one evening during the last week in
June, one evening during the first week in September, and one evening
during the second week in September.
(58) Bay Point Fireworks Display, Marblehead, OH:
(i) Location. All waters of Lake Erie within a 250-yard radius of
the fireworks launch site located at position 41-30'-29.23'' N, 082-
43'-8.45'' W (NAD 83).
(ii) Expected date. This safety zone will be enforced one evening
during the first week in July.
(59) Marysville Days Fireworks, Marysville, MI:
(i) Location. All waters of the St. Clair River within a 600 foot
radius of the fireworks launch site located on land at position 42-54'-
25'' N, 082-27'-58'' W (NAD 83).
(ii) Expected date. This safety zone will be enforced one evening
during the last week in June.
Dated: July 6, 2012.
D.V. Smith,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2012-17409 Filed 7-17-12; 8:45 am]
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