
[Federal Register: June 22, 2010 (Volume 75, Number 119)]
[Rules and Regulations]               
[Page 35294-35296]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn10-3]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0512]
RIN 1625-AA00

 
Safety Zone; Marquette 4th of July Fireworks, Marquette Harbor, 
Lake Superior, Marquette, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Marquette Harbor, Lake Superior, Marquette, MI. This zone is intended 
to restrict vessels from a portion of Marquette Harbor during the 
Marquette 4th of July Fireworks display. This temporary safety zone is 
necessary to protect spectators and vessels from the hazards associated 
with a firework display.

DATES: This rule is effective from 9 p.m. on July 4, 2010, until 11 
p.m. on July 5, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0512 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0512 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail BMC Gregory Ford, Marine Event 
Coordinator, U.S. Coast Guard Sector Sault Sainte Marie; telephone: 
906-635-3222, e-mail: Gregory.C.Ford@uscg.mil. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is contrary to the public interest 
to delay the effective date of this rule. Delaying the effective date 
by first publishing an NPRM would be contrary to the safety zone's 
intended objective since immediate action is needed to protect person's 
and vessels against the hazards associated with fireworks displays on 
navigable waters. Such hazards include premature detonations, dangerous 
detonations, dangerous projectiles and falling or burning debris. 
Additionally, the zone should have negligible impact on vessel transits 
due to the fact that vessels will be limited from the area for only two 
hours on the day of the zone enforcement. Accordingly, 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. 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.

Basis and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and spectators from hazards associated with a fireworks 
display. Based on the explosive hazards of fireworks, the Captain of 
the Port Sault Sainte Marie has determined that fireworks launches 
proximate to watercraft, piers and shore areas presents a significant 
risk to public safety and property. The likely combination of large 
numbers of recreation vessels, congested waterways, darkness punctuated 
by bright flashes of light, alcohol use, and debris falling into the 
water presents a significant risk of serious injuries or fatalities. 
Establishing a safety zone to control vessel movement around the 
location of the launch platform will help ensure the safety of persons 
and property at this event and help minimize the associated risks.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of 
spectators and vessels during the setup and launching of fireworks in 
conjunction with the Marquette 4th of July fireworks display. The 
fireworks display is planned to occur between 9:45 p.m. and 10:15 p.m. 
on July 4, 2010. If the fireworks event is postponed for any reason, 
the fireworks display would occur between 9:45 p.m. and 10:15 p.m. on 
July 5, 2010.
    The safety zone will be enforced from 9 p.m. to 11 p.m. on July 4, 
2010. If the event is postponed for any reason, the zone will be 
enforced from 9 p.m. to 11 p.m. on July 5, 2010.
    The safety zone for the fireworks will encompass all waters of 
Marquette Harbor within a 1,000-foot radius of the

[[Page 35295]]

fireworks launch site, centered approximately 1,250 feet south of the 
Mattson Park Bulkhead Dock and 450 feet east of Ripley Rock, at 
position 46[deg]32'21.7'' N, 087[deg]23'07.60'' W [DATUM: NAD 83].
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
representative. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port Sector 
Sault Sainte Marie, or his on-scene representative. The Captain of the 
Port or his on-scene representative may be contacted via VHF Channel 
16.

Regulatory Analyses

    We developed this 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 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.
    This determination is based on the minimal time that vessels will 
be restricted from the zone and the zone is an area where the Coast 
Guard expects insignificant adverse impact to mariners from the zone's 
enforcement.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 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 may be 
small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of Marquette Harbor, Lake Superior, 
Marquette, Michigan between 9 p.m. and 11 p.m. on July 4, 2010.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will be in effect for two hours for one event. Vessel traffic can 
safely pass outside the safety zone during the event. In the event that 
this temporary safety zone affects shipping, commercial vessels may 
request permission from the Captain of the Port Sault Sainte Marie to 
transit through the safety zone. The Coast Guard will give notice to 
the public via a Broadcast to Mariners that the regulation is in 
effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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, 
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 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 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 cause 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

    We have 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.

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

    We have 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. 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

[[Page 35296]]

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 standards.

Environment

    We have analyzed this 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule establishes a safety zone. An environmental 
analysis checklist and a categorical exclusion determination are 
available in the docket where indicated under ADDRESSES.

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, 3306, 
3703; 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.


0
2. Add Sec.  165.T09-0512 to read as follows:


Sec.  165.T09-0512  Safety Zone; Marquette 4th of July Fireworks, 
Marquette Harbor, Lake Superior, Marquette, MI.

    (a) Location. The following area is a temporary safety zone: All 
waters of Marquette Harbor within a 1,000-foot radius of the fireworks 
launch site, centered approximately 1,250 feet south of the Mattson 
Park Bulkhead Dock and 450 feet east of Ripley Rock, at position 
46[deg]32[min]21.7[sec] N, 087[deg]23[min]07.60[sec] W. [DATUM: NAD 
83].
    (b) Enforcement Period. This regulation will be enforced on July 4, 
2010, from 9 p.m. until 11 p.m., with a rain date of July 5, 2010, from 
9 p.m. until 11 p.m.
    (1) The Captain of the Port, Sector Sault Sainte Marie may suspend 
at any time the enforcement of the safety zone established under this 
section.
    (2) The Captain of the Port, Sector Sault Sainte Marie, will notify 
the public of the commencement and suspension of enforcement of the 
safety zone established by this section via any means that will provide 
as much notice as possible to the public. These means might include 
some or all of those listed in 33 CFR 165.7(a). The primary method of 
notification, however, will be through Broadcast Notice to Mariners and 
local Notice to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within an enforced safety zone established by this section is 
prohibited unless authorized by the Captain of the Port, Sector Sault 
Sainte Marie, or his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Sault Sainte Marie, or 
his on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Sault Sainte Marie, is any Coast Guard commissioned, warrant or 
petty officer who has been designated by the Captain of the Port, 
Sector Sault Sainte Marie, to act on his behalf. The on-scene 
representative of the Captain of the Port, Sector Sault Sainte Marie, 
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within an 
enforced safety zone shall contact the Captain of the Port, Sector 
Sault Sainte Marie, or his on-scene representative to obtain permission 
to do so. The Captain of the Port, Sector Sault Sainte Marie, or his 
on-scene representative may be contacted via VHF Channel 16.

    Dated: June 9, 2010.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2010-15007 Filed 6-21-10; 8:45 am]
BILLING CODE 9110-04-P

