
[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Proposed Rules]               
[Page 19304-19307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap10-27]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0126]
RIN 1625-AA00

 
Safety Zones; Annual Fireworks Events in the Captain of the Port 
Detroit 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 Detroit 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.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 14, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0126 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: 202-493-2251.
     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.
     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 or e-mail Lieutenant Commander Matt Merriman, Waterways 
Management Division, U.S. Coast Guard

[[Page 19305]]

Sector Detroit, 110 Mount Elliot Ave., Detroit, MI 48207; (313) 568-
9508, e-mail Matthew.W.Merriman@uscg.mil. 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-2010-0126, 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 deliver, 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert USCG-2010-0126, in the ``Keyword'' box. 
Click ``Search'' 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 received during the comment period and may change 
the rule based on your comments.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert USCG-2010-0126, and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' 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.

Privacy Act

    Anyone can search the electronic form of 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).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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

    This proposed rule will add additional events not previously 
published in the regulations found in 33 CFR 165.941, Safety Zones; 
Annual Fireworks Events in the Captain of the Port Detroit Zone. These 
safety zones are necessary to protect vessels and people from the 
hazards associated with fireworks displays. 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.

Discussion of Proposed Rule

    The proposed rule and associated safety zones are necessary to 
ensure the safety of vessels and people during annual firework events 
in the Captain of the Port Detroit area of responsibility.
    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 Detroit will notify the public that that 
the zones in this proposal are or will be enforced by all appropriate 
means to the affected segments of the public including publication in 
the Federal Register as practicable, in accordance with 33 CFR 
165.7(a). 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 Detroit, or his designated 
representative. The Captain of the Port or his designated 
representative may be contacted via VHF Channel 16.
    The Coast Guard expects the final rule will be effective less than 
30 days after publication in the Federal Register because delaying the 
effective date would be contrary to the public interest due to the need 
to protect the public from the dangers associated with fireworks 
displays.

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

[[Page 19306]]

immediately before, during, and after the time the events occur. 
Furthermore, these safety zones have been designed to allow vessels to 
transit unrestricted to portions of the waterways not affected by the 
safety zones. 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 or operators of vessels 
intending to transit or anchor in the areas designated as safety zones 
in subparagraphs (50) through (56) 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 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), 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 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Commander Matt 
Merriman, Waterways Management Division, U.S. Coast Guard Sector 
Detroit, 110 Mount Elliot Ave., Detroit, MI 48207; (313) 568-9508.
    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 would call 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not affect 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 rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under 
Executive 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. We 
invite your comments on how this proposed rule might impact Tribal 
governments, even if that impact may not constitute a ``Tribal 
implication'' under the Order.

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

[[Page 19307]]

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 that 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. This proposed 
rule involves establishing safety zones around fireworks displays and 
is therefore expected to be categorically excluded, under section 
2.B.2. Figure 2-1, paragraph 34(g), of the Instruction. Comments on 
this section will be considered before we make the final decision on 
whether this proposed rule should be categorically excluded from 
further environmental review. 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; 50 
U.S.C. 191, 195; 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.

    2. Amend Sec.  165.941 by adding new paragraphs (a)(50) through 
(a)(56) to read as follows:


Sec.  165.941  Safety Zones; Annual Fireworks Events in the Captain of 
the Port Detroit Zone.

    (a) * * *
    (50) Celebrate America Fireworks, Grosse Pointe Farms, MI:
    (i) Location: All waters of Lake St. Clair within a 500-foot radius 
of the fireworks launch site located at position 42[deg]22'58'' N, 
082[deg]53'46'' W. (NAD 83). This area is located southeast of the 
Grosse Point Yacht Club.
    (ii) Expected date: One evening during the third week in June. The 
exact dates and times for this event will be determined annually.
    (51) Target Fireworks, Detroit, MI:
    (i) Location: The following three areas are safety zones:
    (A) The first safety zone area will encompass all waters of the 
Detroit River bounded by the arc of a circle with a 900-foot radius 
with its center in position 42[deg]19'23'' N, 083[deg]04'34'' W.
    (B) The second safety zone area will encompass a portion of the 
Detroit River bounded on the South by the International Boundary line, 
on the West by 83[deg]03'30'' W, on the North by the City of Detroit 
shoreline and on the East by 083[deg]01'15'' W.
    (C) The third safety zone will encompass a portion of the Detroit 
River bounded on the South by the International Boundary line, on the 
West by the Ambassador Bridge, on the North by the City of Detroit 
shoreline, and on the East by the downstream end of Belle Isle. The 
Captain of the Port Detroit has determined that vessels below 65 feet 
in length may enter this zone.
    (ii) Expected date: One evening during the last week in June. The 
exact dates and times for this event will be determined annually.
    (52) Sigma Gamma Association Fireworks, Grosse Pointe Farms, MI:
    (i) Location: All waters of Lake St. Clair, within a 300-yard 
radius of the fireworks launch site located at position 42[deg]27' N, 
082[deg]52' W (NAD 83) This position is located in the vicinity of 
Ford's Cove.
    (ii) Expected date: One evening during the last week in June. The 
exact dates and times for this event will be determined annually.
    (53) Southside Summer Fireworks, Port Huron, MI:
    (i) Location: All waters of St. Clair River within a 300 yard 
radius of position 42[deg]57'55'' N, 082[deg]25'20'' W. This position 
is located on the shore of the St. Clair River in the vicinity of Oak 
and 3rd Street, Port Huron, MI. All geographic coordinates are North 
American Datum of 1983 (NAD 83).
    (ii) Expected date: One evening during the last week in June. The 
exact dates and times for this event will be determined annually.
    (54) Bay City Fireworks Festival, Bay City, MI:
    (i) Location: All waters of the Saginaw River near Bay City, MI, 
from the Veteran's Memorial Bridge, located at position 43[deg]35.8' N; 
083[deg]53.6' W, south approximately 1000 yards to the River Walk Pier, 
located at position 43[deg]35.3' N; 083[deg]53.8' W. All geographic 
coordinates are North American Datum of 1983 (NAD 83).
    (ii) Expected date: Three evenings during the first week in July. 
The exact dates and times for this event will be determined annually.
    (55) Toledo 4th of July Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River within a 300-yard 
radius of the fireworks launch site located at position 41[deg]38'35'' 
N, 083[deg]31'54'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (56) Toledo Labor Day Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River within a 300-yard 
radius of the fireworks launch site located at position 41[deg]38'35'' 
N, 083[deg]31'54'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (ii) Expected Date: One evening during the first week in September. 
The exact dates and times for this event will be determined annually.
* * * * *

    Dated: March 31, 2010.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2010-8477 Filed 4-13-10; 8:45 am]
BILLING CODE 9110-04-P

