
[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Proposed Rules]               
[Page 34283-34285]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy09-35]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2009-0118]
RIN 1625-AA00

 
Safety Zones; Annual Events Requiring Safety Zones in the Captain 
of the Port Sault Sainte Marie Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishment of safety zones for 
annual events in the Captain of the Port Sault Sainte Marie Zone. This 
proposed rule adds events not previously published in Coast Guard 
regulations. These safety zones are necessary to protect spectators, 
participants, and vessels from the hazards associated with fireworks 
displays or other events.

DATES: Comments and related materials must reach the Coast Guard on or 
before August 14, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2009-0118 using 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.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call LCDR Christopher Friese, Prevention Dept. Chief, Sector 
Sault Sainte Marie, 337 Water St, Sault Sainte Marie, MI 49783; 906-
635-3220. If you have questions on viewing or submitting material to 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0118), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand delivery or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2009-0118'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand-delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material receiving during the comment period and may change the rule 
based on your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2009-0118 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

SUPPLEMENTARY INFORMATION: 

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander, Coast Guard Sector Sault 
Sainte Marie at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    We propose these safety zones to control vessel traffic within the 
immediate location of the fireworks launching area during annual 
fireworks displays.
    The Coast Guard proposes to establish 7 permanent Safety Zones in 
the Captain of the Port Sault Sainte Marie zone. These safety zones are 
necessary to protect vessels and people from the hazards associated 
with fireworks displays or other events. Such hazards include 
obstructions to the waterway that may cause marine casualties and the 
explosive danger of fireworks and debris falling into the water that 
may cause death or serious bodily harm.

[[Page 34284]]

Discussion of Proposed Rule

    The proposed rule and associated safety zones are necessary to 
ensure the safety of vessels and people during annual fireworks events 
in the Captain of the Port Sault Sainte Marie area of responsibility 
that may pose a hazard to the public.
    The proposed safety zones will be enforced only immediately before, 
during, and after events that pose hazard to the public, and only upon 
notice by the Captain of the Port.
    The Captain of the Port Sault Sainte Marie will notify the public 
that that the zones in this proposal will be enforced by all 
appropriate means to the affected segments of the public including 
publication in the Federal Register. Such means of notification may 
also include, but are not limited to, Broadcast Notice to Mariners or 
Local Notice to Mariners. The Captain of the Port will issue a 
Broadcast Notice to Mariners notifying the public when enforcement of 
the safety zone established by this section is cancelled.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated representative. Entry 
into, transiting, or anchoring within the safety zone is prohibited 
unless authorized by the Captain of the Port Sault Sainte Marie, or his 
designated representative. The Captain of the Port or his designated 
representative may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this proposed 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.

Regulatory Planning and Review

    This proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. The Coast 
Guard's use of these safety zones will be periodic, of short duration, 
and designed to minimize the impact on navigable waters. These safety 
zones will only be enforced immediately before, during, and after the 
time the events occur. The Coast Guard expects insignificant adverse 
impact to mariners from the activation of these safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners of operators of vessels 
intending to transit or anchor in the areas designated as safety zones 
in subparagraphs (1) through (7) during the dates and times the safety 
zones are being enforced.
    These safety zones would not have a significant economic impact on 
a substantial number of small entities for the following reasons: this 
proposed rule would be in effect for short periods of time, and only 
once per year, per zone. The safety zones have been designed to allow 
traffic to pass safely around the zone whenever possible and vessels 
will be allowed to pass through the zones with the permission of the 
Captain of the Port.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LCDR Christopher 
Friese, Prevention Dept. Chief, Sector Sault Sainte Marie, 337 Water 
St, Sault Sainte Marie, MI 49783; 906-635-3220. The Coast Guard will 
not retaliate against small entities that question or complain about 
this proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed 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, 
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 proposed rule 
under that Order and have 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 proposed rule will not result in such 
expenditure, we nevertheless discuss its effects elsewhere in this 
preamble.

Taking of Private Property

    This proposed 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 proposed 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

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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.

Indian Tribal Governments

    The proposed rule does not have tribal implications under Executive

[[Page 34285]]

Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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

    We have analyzed this proposed 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.

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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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. A preliminary 
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 proposed 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 proposes 
to amend 33 CFR part 165 as follows:

PART 165-REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1

    2. Add section 165.943 to read as follows:


Sec.  165.943  Safety Zones; Annual Events requiring safety zones in 
the Captain of the Port Sault Sainte Marie Zone.

    (a) Safety Zones. The following areas are designated Safety Zones:
    (1) St. Ignace Fireworks, St. Ignace, MI.
    (i) Location. All waters of Lake Huron within a 1000-foot radius 
from the fireworks launch site at the Mill Slip Pier in East Moran Bay, 
with its center in position: 45[deg]52[min]25[sec] N; 
084[deg]43[min]20[sec] W. (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the 
July 4 fireworks are cancelled due to inclement weather, then this 
section will be enforced July 5; 9 p.m. to 11 p.m.
    (2) Mackinac Island Fireworks, Mackinac Island, MI.
    (i) Location. All waters of Lake Huron within a 1000-foot radius 
from the fireworks launch site off of Bindle Point, with its center in 
position 45[deg]50'40'' N; 084[deg]37'05'' W. (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the 
July 4 fireworks are cancelled due to inclement weather, then this 
section will be enforced July 5; 9 p.m. to 11 p.m.
    (3) Cedarville Fireworks, Cedarville, MI.
    (i) Location. All waters of Lake Huron within a 1000-foot radius 
from the fireworks launch site in Cedarville Bay, with its center in 
position 45[deg]59'27'' N; 084[deg]21'46'' W. (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the 
July 4 fireworks are cancelled due to inclement weather, then this 
section will be enforced July 5; 9 p.m. to 11 p.m.
    (4) Sault Sainte Marie Fireworks, Sault Sainte Marie, MI.
    (i) Location. All waters of the St. Marys River within a 1000-foot 
radius from the fireworks launch site at the U.S. Army Corp of 
Engineers Soo Locks North East Pier, in position 46[deg]30'20'' N; 
084[deg]20'32'' W. (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the 
July 4 fireworks are cancelled due to inclement weather, then this 
section will be enforced July 5; 9 p.m. to 11 p.m.
    (5) Marquette Fireworks, Marquette, MI.
    (i) Location. All waters of Lake Superior bounded by the arc of a 
circle with a 1000-foot radius from the fireworks launch site in 
Marquette Harbor's lower breakwater, with its center in position 
46[deg]32'02'' N; 087[deg]22'49'' W. (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the 
July 4 fireworks are cancelled due to inclement weather, then this 
section will be enforced July 5; 9 p.m. to 11 p.m.
    (6) Whitefish Township Fireworks, Paradise, MI.
    (i) Location. All waters of Lake Superior within a 1000-foot radius 
from the fireworks launch site in Whitefish Bay, with its center in 
position 46[deg]36'53'' N; 085[deg]02'24'' W. (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the 
July 4 fireworks are cancelled due to inclement weather, then this 
section will be enforced July 5; 9 p.m. to 11 p.m.
    (7) Munising Fireworks, Munising, MI.
    (i) Location. All waters of Lake Superior within a 1000-foot radius 
from the fireworks launch site at the end of the Munising City Dock, 
with its center in position 46[deg]24'83'' N; 086[deg]39'14'' W. (NAD 
83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the 
July 4 fireworks are cancelled due to inclement weather, then this 
section will be enforced July 5; 9 p.m. to 11 p.m.
    (b) [Reserved]

    Dated: March 4, 2009.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.

    Editorial Note: This document was received in the Office of the 
Federal Register on July 10, 2009.

[FR Doc. E9-16826 Filed 7-14-09; 8:45 am]

BILLING CODE 4910-15-P
