[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Rules and Regulations]
[Pages 37966-37968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15164]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0189]
RIN 1625-AA00
Safety Zone; National Cherry Festival Air Show and Fireworks
Display, West Grand Traverse Bay, Traverse City, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones in
the Captain of the Port, Sault Sainte Marie zone. These safety zones
are intended to restrict vessels from certain portions of water areas
within Sector Sault Sainte Marie Captain of the Port zone. This
temporary safety zone is necessary to protect spectators and vessels
from the hazards associated with fireworks displays and aircraft
involved in the National Cherry Festival.
DATES: These regulations are effective from 12 p.m. on June 28, 2013,
until 11:30 p.m. on July 6, 2013. The Air Show safety zone will be
enforced daily from 12 p.m. until 3 p.m. from June 28, 2013, to June
30, 2013. The Fireworks safety zone will be enforced from 10 p.m. until
11:30 p.m. on July 6, 2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0189 and are available online
by going to www.regulations.gov, inserting USCG-2013-0189 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
On May 1, 2013, the Coast Guard published an NPRM in the Federal
Register (78 FR 25407) regarding two temporary safety zones for the
National Cherry Festival fireworks display and air show. At the close
of the comment period, no comments were received in response to the
NPRM. Additionally, no public meeting was requested and none was held.
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. The final details for this event
were not received by the Coast Guard with sufficient time for a delayed
effective period to run before the start of the event. Thus, delaying
this rule to wait for a delayed effective period to run would be
impracticable and contrary to the public interest because it would
inhibit the Coast Guard's ability to protect the public from the
potential hazards associated with maritime fireworks displays.
B. Basis and Purpose
From June 28 to 30, 2013, the National Cherry Festival in Traverse
City, MI will host an air show over the West Arm of Grand Traverse Bay.
At the conclusion of the National Cherry Festival on July 6, 2013,
fireworks will be launched in Grand Traverse Bay. The Captain of the
Port, Sault Sainte Marie has determined that the air show and fireworks
display pose various potential hazards to the public, including
premature detonations, dangerous projectiles, and falling or burning
debris.
With these potential hazards in mind, the Captain of the Port Sault
Sainte Marie will be establishing temporary safety zones pursuant to
the authority granted in the Ports and Waterways Safety Act (33 U.S.C.
Sec. 1221 et seq.)
C. Discussion of Rule
To safeguard against the dangers posed by the National Cherry
Festival air show and fireworks display, the Captain of the Port, Sault
Sainte Marie has determined that temporary safety zones are necessary.
Thus, the Captain of the Port, Sault Sainte Marie will be establishing
two safety zones for the air show and fireworks display over the West
Arm of Grand Traverse Bay.
The safety zone for the air show will be established on June 28
through the 30, 2013, in a position over West Grand Traverse Bay
bounded by a line drawn from 44[deg]46'48'' N, 085[deg]38'18'' W, then
southeast to 44[deg]46'30'' N, 085[deg]35'30'' W, then southwest to
44[deg]46'00'' N, 085[deg]35'48'' W, then northwest to 44[deg]46'18''
N, 085[deg]38'18'' W, then back to the point of origin.
The air show safety zone will be effective and enforced daily from
12 p.m. until 3 p.m. on June 28-30, 2013.
A safety zone will be established on 6 July for the National Cherry
Festival Fireworks display over West Grand Traverse Bay within the arc
of a circle with a 1000-foot radius from the fireworks launch site
located on a barge in position 44[deg]46'12'' N, 085[deg]37'06'' W.
The safety zone for the fireworks will be effective and enforced
from 10 p.m. to 11:30 p.m. on July 6, 2013.
Entry into, transiting, or anchoring within the safety zones is
prohibited unless authorized by the Captain of the
[[Page 37967]]
Port, Sault Sainte Marie, or his on-scene representative. All persons
and vessels authorized to enter the safety zones shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene representative. The Captain of the Port or his on-scene
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 numerous 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, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. 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 a relatively short time. Also, the safety zones are
designed to minimize their impacts on navigable waters in that vessels
may still transit unrestricted portions of the waterways. Under certain
conditions, moreover, vessels may still transit through the safety
zones when permitted by the Captain of the Port, Sault Sainte Marie. On
the whole, the Coast Guard expects minimal impact to mariners from the
enforcement of this rule.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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 would affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
around West Grand Traverse Bay, Traverse City, Michigan, between 12:30
p.m. and 3 p.m. on June 28 to June 30, 2013, and from 10 p.m. to 11:30
p.m. on July 6, 2013.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the reasons discussed in the
Regulatory Planning and Review section above.
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. 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 will 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 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.
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 does not create an
environmental risk to health or risk to safety that may
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
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
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
[[Page 37968]]
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-
2013-0246 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.T09-0189 to read as follows:
Sec. 165.T09-0189 Safety Zone; National Cherry Festival Air Show and
Fireworks Display, West Grand Traverse Bay, Traverse City, MI.
(a) National Cherry Festival Fireworks Display; Traverse City, MI.
(1) Location. All U.S. navigable waters and adjacent shoreline of the
West Arm of Grand Traverse Bay within the arc of a circle with a 1000-
foot radius from the fireworks launch site located on a barge in
position 44[deg]46'12'' N, 085[deg]37'06'' W [DATUM: NAD 83].
(2) Effective and enforcement period. This regulation is effective
and will be enforced from 10 p.m. until 11:30 p.m. on July 6, 2013.
(b) National Cherry Festival Air Show; Traverse City, MI. (1)
Location. All U.S. navigable waters of the West Arm of Grand Traverse
Bay bounded by a line drawn from 44[deg]46'48'' N, 085[deg]38'18'' W,
then southeast to 44[deg]46'30'' N, 085[deg]35'30'' W, then southwest
to 44[deg]46'00'' N, 085[deg]35'48'' W, then northwest to
44[deg]46'30'' N, 085[deg]38'30'' W, then back to the point of origin
[DATUM: NAD 83].
(2) Effective and enforcement period. This regulation is effective
and will be enforced from 12 p.m. until 3 p.m. daily from June 28 to
30, 2013.
(i) The Captain of the Port, Sault Sainte Marie may suspend
enforcement of the safety zones established under this section.
(ii) The Captain of the Port, Sault Sainte Marie will notify the
public of the enforcement and suspension of enforcement of the safety
zones established by this section in accordance with 33 CFR 165.7(a).
The primary method of notification, however, will be through Broadcast
Notice to Mariners and Local Notice to Mariners.
(c) Definitions. The following definitions apply to this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port, Sault
Sainte Marie to monitor these safety zones, permit entry into these
safety zones, give legally enforceable orders to persons or vessels
within these safety zones, or take other actions authorized by the
Captain of the Port.
(2) Public vessel means a vessel owned, chartered, or operated by
the United States or by a State or political subdivision thereof.
(d) 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, 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 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: June 14, 2013.
S.C. Teschendorf,
Captain, U.S. Coast Guard, Captain of the Port, Sault Sainte Marie.
[FR Doc. 2013-15164 Filed 6-24-13; 8:45 am]
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