[Federal Register: July 7, 2003 (Volume 68, Number 129)]
[Rules and Regulations]
[Page 40169-40171]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy03-15]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
CGD09-03-229
RIN 1625-AA00
Safety Zone; Saginaw River, Bay City, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Bay City Fireworks Festival in Bay City, MI. This safety zone is
necessary to control vessel traffic within the immediate location of
the fireworks launch site and to ensure the safety of life and property
during the event. This safety zone is intended to restrict vessel
traffic from a portion of the Saginaw River.
DATES: This temporary final rule is effective from 7 p.m. on July 3
until 11 p.m. on July 5, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD09-03-229] and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office Detroit, 110 Mt.
Elliott Ave., Detroit, MI 48207, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Brandon
[[Page 40170]]
Sullivan, U.S. Coast Guard Marine Safety Office Detroit, at telephone
number (313) 568-9558.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM, and 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 permit application was not received in time to publish an NPRM
followed by a final rule before the necessary effective date. Delaying
this rule would be contrary to the public interest of ensuring the
safety of spectators and vessels during this event and immediate action
is necessary to prevent possible loss of life or property. The Coast
Guard has not received any complaints or negative comments previously
with regard to this event.
Background and Purpose
A temporary safety zone is necessary to ensure the safety of
vessels and spectators from the hazards associated with a fireworks
display. Based on accidents that have occurred in other Captain of the
Port zones, and the explosive hazard of fireworks, the Captain of the
Port Detroit has determined fireworks launches in close proximity to
watercraft pose significant risks to public safety and property. The
likely combination of large numbers of recreational vessels, 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. Establishing a safety zone to control vessel
movement around the locations of the launch platforms will help ensure
the safety of persons and property at these events and help minimize
the associated risks.
The safety zone will encompass all waters of the Saginaw River
surrounding two fireworks launch platforms bounded by the arc of a
circle with a 300-yard radius with each center in approximate positions
43[deg]35'55'' N, 083[deg]53'40'' W (off Veterans Park) and
43[deg]35'55'' N, 083[deg]53'30 W'' (off Wenonah Park). The geographic
coordinates are based upon North American Datum 1983 (NAD 83). The size
of this zone was determined using the National Fire Prevention
Association guidelines and local knowledge concerning wind, waves, and
currents.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene patrol
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Detroit
or his designated on-scene representative. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
Regulatory Evaluation
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 this rule under that Order. It is not ``significant'' under
the regulatory policies and procedures of the Department of
Transportation (DOT) (44 FR 11040, February 26, 1979). The Coast Guard
expects the economic impact of this rule to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. This determination is based on
the minimal time that vessels will be restricted from the safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant 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 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 commercial vessels
intending to transit or anchor in the activated safety zone.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone is only in effect from 7 p.m. until 11 p.m. on the days of
the event and allows vessel traffic to pass outside of the safety zone.
Before the effective period, the Coast Guard will issue maritime
advisories widely available to users of the Saginaw River by the Ninth
Coast Guard District Local Notice to Mariners and Marine Information
Broadcasts. Facsimile broadcasts may also be made.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist
small entities in understanding this rule so that they can better
evaluate its effects and participate in the rulemaking process. If the
rule will affect your small business, organization, or governmental
jurisdiction, and you have questions concerning its provisions or
options for compliance, please contact Marine Safety Office Detroit
(see ADDRESSES.)
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).
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).
Federalism
The Coast Guard has analyzed this rule under Executive Order 13132,
Federalism, and has determined that this rule does not have
implications for federalism under that Order.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
[[Page 40171]]
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
Protection of Children
The Coast Guard has 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.
Environment
The Coast Guard has considered the environmental impact of this
rule and concluded that, under figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1D, this rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
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.
Energy Effects
The Coast Guard has 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
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(g),
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation
No. 0170.
0
2. A new temporary Sec. 165.T09-229 is added to read as follows:
Sec. 165.T09-229 Safety Zone; Saginaw River, Bay City, MI.
(a) Location. The safety zone encompasses all waters of the Saginaw
River surrounding two fireworks launch platforms bounded by the arc of
a circle with a 300-yard radius with each center in approximate
position 43[deg]35'55'' N, 083[deg]53'40'' W (off Veteran's Park) and
43[deg]35'55'' N, 083[deg]53'30'' W (off Wenonah Park)(NAD 83).
(b) Enforcement Periods. This section is effective from 7 p.m. on
July 3 until 11 p.m. on July 5, 2003. This section will be enforced
from 7 p.m. until 11 p.m. on July 3; during this same time on July 4;
and again during this time on July 5, 2003.
(c) Regulations. In accordance with the general regulations in
section 165.23 of this part, entry into this safety zone is prohibited
unless authorized by the Coast Guard Captain of the Port Detroit, or
his designated on-scene representative. The designated on-scene Patrol
Commander may be contacted via VHF Channel 16. Section 165.23 also
contains other general requirements.
Dated: June 20, 2003.
P.G. Gerrity,
Commander, Coast Guard, Captain of the Port, Detroit.
[FR Doc. 03-16971 Filed 7-3-03; 8:45 am]
BILLING CODE 4910-15-P