[Federal Register: June 21, 2004 (Volume 69, Number 118)]
[Rules and Regulations]
[Page 34278-34280]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn04-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-04-025]
RIN 1625-AA00
Safety Zone; Saginaw River, Bay City, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones for
the Bay City Fireworks Festival in Bay City, MI. These safety zones are
necessary to control vessel traffic within the immediate location of
the fireworks launch sites and to ensure the safety of life and
property during the event. These safety zones are intended to restrict
vessel traffic from a portion of the Saginaw River.
DATES: This temporary final rule is effective from 10:05 p.m. on July
1, 2004, until 10:55 p.m. on July 4, 2004.
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 [CGD09-04-025] 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: ENS Cynthia Lowry, U.S. Coast Guard
Marine Safety Office Detroit, (313) 568-9580.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard 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
Temporary safety zones are 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 safety zones to control vessel
movement around the launch platforms will help ensure the safety of
persons and property at the events and help minimize the associated
risks.
The safety zones will encompass all waters of the Saginaw River
within a 300-yard radius of the fireworks barges, the first in
approximate position 43[deg]35'55'' N, 083[deg]53'40'' W (off Veterans
Park) and the second in approximate position 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 these zones
were 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 Homeland
Security (DHS). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory
[[Page 34279]]
Evaluation under paragraph 10(e) of the regulatory policies and
procedures of DHS 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 for the following reasons: This safety zone will only be
enforced from 10:05 p.m. until 10:55 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), small entities may be assisted
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 or if 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
A rule has implications for federalism under Executive Order 13132
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. The Coast Guard analyzed this rule under that Order
and has determined that it does not have implications for federalism.
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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
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 analyzed this rule under Commandant Instruction
M16475.1D, which guides their compliance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and has
concluded that there are no factors in this rule that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g) of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket 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.
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.
Energy Effects
The Coast Guard has analyzed this rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use, and has 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
[[Page 34280]]
Statement of Energy Effects under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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
A new temporary Sec. 165.T09-025 is added to read as follows:
Sec. 165.T09-025 Safety Zone; Saginaw River, Bay City, MI.
(a) Location. The following are safety zones:
(1) All waters of the Saginaw River within a 300-yard radius of the
fireworks launch platform in approximate position 43[deg]35;'55'' N,
083Sec. 53'40'' W (off Veteran's Park)
(2) All waters of the Saginaw River within a 300-yard radius of the
fireworks launch platform in approximate position 43[deg]35'55'' N,
083[deg]53'30'' W (off Wenonah Park) (NAD 83).
(b) Effective period. This regulation is effective from 10:05 p.m.
on July 1, 2004 until 10:55 p.m. on July 4, 2004.
(c) Enforcement period. The safety zones in this section will be
enforced from 10:05 p.m. until 10:55 p.m., each day of the effective
period.
(d) Regulations. In accordance with the general regulations in
Sec. 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.
Dated: June 9, 2004.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 04-13977 Filed 6-18-04; 8:45 am]
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