
[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Proposed Rules]
[Pages 27877-27880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11234]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0165]
RIN 1625-AA00


Safety Zone; McAloon Wedding Fireworks, Catawba Island Club, 
Catawba Island, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a safety zone for a 
fireworks display located in the Captain of the Port Detroit Zone. This 
action is necessary to provide for the safety of life and property on 
navigable waters during this event. This action is intended to restrict 
vessel traffic in a portion of the Captain of the Port Detroit Zone.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 12, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0165 using any 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.

[[Page 27878]]

    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 email LTJG Benjamin Nessia, Response Department, Marine 
Safety Unit Toledo, Coast Guard; telephone (419)418-6040, email 
Benjamin.B.Nessia@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-0165), 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 at www.regulations.gov, or by fax, mail or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when the comment is 
successfully transmitted. If you fax, hand deliver, or mail your 
comment, it will be considered as having been received by the Coast 
Guard when the comment is received at the Docket Management Facility. 
We recommend that you include your name and a mailing address, an email 
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, 
type the docket number (USCG-2013-0165) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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.

2. 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, 
type the docket number (USCG-2013-0165) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. 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.

3. 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).

4. 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.

B. Background and Purpose

    On August 23, 2013, a fireworks display is planned on Lake Erie in 
the vicinity of Catawba Island, OH. This fireworks display will be 
launched in conjunction with a wedding. The Captain of the Port Detroit 
has determined that this fireworks display pose a significant risk to 
public safety and property on the water. Such hazards include premature 
detonations, dangerous projectiles, and falling or burning debris. 
Also, the likely combination of recreational boaters, 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.
    With these hazards in mind, the Captain of the Port Detroit 
proposes to establish a temporary safety zone pursuant to the authority 
granted in the Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.).

C. Discussion of Proposed Rule

    To address the hazards mentioned in the preceding paragraph, the 
Coast Guard proposes to establish a temporary safety zone in the 
vicinity of the aforementioned fireworks display. This proposed safety 
zone will include all U.S. navigable waters of Lake Erie within a 250-
yard radius of the fireworks launch site, which is located at position 
41-34'-18.10'' N, 082-51'-18.70'' W (NAD 83).
    This proposed safety zone will be enforced from 9:30 p.m. until 
10:15 p.m. on August 23, 2013. The Captain of the Port Detroit may 
suspend enforcement of the safety zone at any time. In the event that 
enforcement is ended early, the Captain of the Port Detroit will notify 
the public via Broadcast Notice to Mariners.
    Entry into, transiting, or anchoring within the proposed safety 
zone while it is being enforced is prohibited without the authority of 
the Captain of the Port Detroit or his on-scene representative. The 
Captain of the Port or his on-scene representative may be contacted via 
VHF Channel 16.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes or executive orders.

1. 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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS). We conclude that this proposed rule is not a 
significant regulatory action because we anticipate that it will have 
minimal impact on the economy, will

[[Page 27879]]

not interfere with other agencies, will not adversely alter the budget 
of any grant or loan recipients, and will not raise any novel legal or 
policy issues.
    The safety zone established by this proposed rule will be 
relatively small and enforced for a relatively short time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
Thus, restrictions on vessel movement are expected to be minimal. Under 
certain conditions, moreover, vessels may still transit through the 
proposed safety zone when permitted by the Captain of the Port. On the 
whole, the Coast Guard expects insignificant adverse impact to mariners 
from this proposed safety zone.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule would affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit or anchor in the above portion of Lake Erie 
between 9:30 p.m. until 10:15 p.m. on August 23, 2013. This safety zone 
will not have a significant economic impact on a substantial number of 
small entities for the reasons discussed in the Regulatory Planning and 
Review section above.
    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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. 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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. 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 an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

7. 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.

9. 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.

9. Protection of Children From Environmental Health Risks

    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.

10. Indian Tribal Governments

    This proposed 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.

11. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

12. Technical Standards

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

13. 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 that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule is 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Commandant Instruction because it involves the establishment of a 
safety zone. 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 record 
keeping 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 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.


[[Page 27880]]


0
2. Add Sec.  165.T09-0165 to read as follows:


Sec.  165.T09-0165  Safety Zone; McAloon Wedding Fireworks, Catawba 
Island Club, Catawba Island, OH.

    (a) Location. All the waters of Lake Erie within a 250-yard radius 
of the fireworks launch site located at position 41-34'-18.10'' N, 082-
51'-18.70'' W (NAD 83).
    (b) Effective and Enforcement Period. The safety zone will be 
effective and enforced from 9:30 p.m. until 10:15 p.m. on August 23, 
2013. The Captain of the Port Detroit may suspend enforcement of the 
safety zone at any time. In the event that the enforcement is ended 
early, the Captain of the Port Detroit will notify the public via 
Broadcast 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 the safety zone 
is prohibited unless authorized by the Captain of the Port Detroit, or 
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on scene representative may be contact via VHF Channel 
16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his on-scene 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zone must comply with all 
directions given to them by the Captain of the Port or his on-scene 
representative.

    Dated: April 29, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port, Detroit.
[FR Doc. 2013-11234 Filed 5-10-13; 8:45 am]
BILLING CODE 9110-04-P


