[Federal Register: June 21, 2004 (Volume 69, Number 118)]
[Rules and Regulations]
[Page 34276-34278]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn04-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-04-024]
RIN 1625-AA00
Safety Zone; Detroit, Detroit River, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Marshall Field's Target fireworks display on June 23, 2004. 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 Detroit River.
DATES: This temporary final rule is effective from 10 p.m. until 10:45
p.m. on June 23, 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 (CGD09-04-024) 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. 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 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 fireworks
displays. 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 risk.
The safety zone will encompass all waters of the Detroit River
within a 300-yard radius of the fireworks launch platform in
approximate position 42[deg]19'35'' N, 083[deg]02'25'' W (off of the
Renaissance Center). 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 this 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
[[Page 34277]]
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) (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 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 is only in effect
from 10 p.m. until 10:45 p.m. the day 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 Detroit 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 will 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 (Public Law 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 this 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
concern 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 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
[[Page 34278]]
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
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
2. A new temporary Sec. 165.T09-024 is added to read as follows:
Sec. 165.T09-024 Safety Zone; Detroit River, Detroit, MI.
(a) Location. The safety zone encompasses all waters of the Detroit
River within a 300-yard radius of the fireworks launch platform in
approximate position 42[deg]19'35'' N, 083[deg]02'25'' W (off of the
Renaissance Center) (NAD 83).
(b) Effective period. This rule is effective from 10 p.m. until
10:45 p.m. (local time) on June 23, 2004.
(c) Regulations. In accordance with the general regulations in
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 9th, 2004.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 04-13978 Filed 6-18-04; 8:45 am]
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