
[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Rules and Regulations]
[Pages 37953-37956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15707]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0476]
RIN 1625-AA00


Safety Zone; Summer Fireworks Displays in the Captain of the Port 
Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
on waterways in the Captain of the Port Lake Michigan Zone. These 
safety zones are intended to restrict vessels from a portion of the 
waterways due to fireworks displays. The temporary safety zones 
established by this rule are necessary to protect the surrounding 
public and vessels from the hazards associated with the fireworks 
displays.

DATES: This rule is effective from July 5, 2014, until 11 p.m. August 
2, 2014. This rule will be enforced on July 5, 2014, and August 2, 
2014, at times specified in Sec.  165.T09-0476.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0476. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click

[[Page 37954]]

``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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard 
Sector Lake Michigan, at 414-747-7148 or Joseph.P.McCollum@uscg.mil. If 
you have questions on viewing the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 with 
respect to this rule because doing so would be impracticable and 
contrary to the public interest. The final details for the three 
displays within this rule were not known to the Coast Guard until there 
was insufficient time remaining before the displays to publish an NPRM. 
Thus, delaying the effective date of this rule to wait for a comment 
period to run would be both impracticable and contrary to the public 
interest because it would inhibit the Coast Guard's ability to protect 
vessels from the hazards associated with three fireworks displays, 
which are discussed further below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register for the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas under 33 
U.S.C. 1231, 33 CFR 1.05-1, and Department of Homeland Security 
Delegation No. 0170.1.
    On July 5, 2014, between 9:30 p.m. and 10:45 p.m. the Coast Guard 
anticipates that fireworks will be fired from a barge on Spring Lake in 
the vicinity of Jerusalem Bayou as part of a private party wedding 
ceremony near Spring Lake, Michigan. A second fireworks display is 
anticipated on July 5, 2014. Between 10 p.m. and 11:30 p.m. on that 
day, the Coast Guard anticipates that fireworks will be fired as part 
of the ``Salute the Troops'' Festival on Muskegon Lake in Muskegon, 
Michigan. Lastly, on August 2, 2014 between 9 p.m. and 11 p.m., the 
Coast Guard anticipates that a fireworks display will be fired from a 
barge on the waters of Sturgeon Bay as part of the ``Venetian Night'' 
event in Sturgeon Bay, Wisconsin. The Captain of the Port, Lake 
Michigan, has determined that these fireworks displays will pose a 
significant risk to public safety and property. Hazards presented by 
these displays include falling and/or flaming debris, and collisions 
among transiting or spectator vessels.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port, 
Lake Michigan, has determined that 3 temporary safety zones are 
necessary to ensure the safety of persons and vessels during the 
aforementioned fireworks displays on and around Lake Michigan. As such, 
the following safety zones will be established for the listed events:

1. Private Party Fireworks; Spring Lake, MI

    The safety zone will encompass all waters of Spring Lake in Spring 
Lake, Michigan, in the vicinity of Jerusalem Bayou, within the arc of a 
circle with a 500-foot radius from the fireworks launch site located on 
a barge in approximate position 43[deg]06'39'' N, 086[deg]10'56'' W. 
(NAD 83). This zone will be enforced from 9:30 p.m. until 10:45 p.m. on 
July 5, 2014.

2. Salute the Troops Fireworks; Muskegon, MI

    The safety zone will encompass all waters of Muskegon Lake, in the 
vicinity of Lafarge Corporation, within the arc of a circle with a 
1000-foot radius from a fireworks launch site in approximate position 
43[deg]14'00'' N, 086[deg]15'50'' W. (NAD 83). This zone will be 
enforced from 10 p.m. until 11:30 p.m. on July 5, 2014.

 3. Venetian Night Fireworks; Sturgeon Bay, WI

    The safety zone will encompass all waters of Sturgeon Bay, in the 
vicinity of Sturgeon Bay Yacht Harbor, within the arc of a circle with 
a 800-foot radius from the fireworks launch site located on a barge in 
approximate position 44[deg]49'41'' N, 087[deg]22'20'' W. (NAD 83). 
This zone will be enforced from 9 p.m. until 11 p.m. on August 2, 2014.
    Entry into, transiting, or anchoring within these safety zones is 
prohibited unless authorized by the Captain of the Port, Lake Michigan, 
or her designated on-scene representative. The Captain of the Port or 
her designated on-scene representative may be contacted via VHF Channel 
16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this rule is 
not a significant regulatory action because we anticipate that it will 
have minimal impact on the economy, will 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 zones created by this rule will be relatively small and enforced 
for only a short time on the indicated day. Under certain conditions, 
moreover, vessels may still transit through the safety zones when 
permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will

[[Page 37955]]

not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
might be small entities: the owners or operators of vessels intending 
to transit or anchor in the affected portion of the waters to which 
each safety zone applies during the time in which each safety zone is 
enforced.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of these zones, we would issue local Broadcast Notice to 
Mariners so vessel owners and operators can plan accordingly.

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 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 
section above.
    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.

4. Collection of Information

    This rule will not call for a 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 rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the For Further 
Information Contact section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

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

13. Technical Standards

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

14. 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 determined 
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 rule involves the establishment of safety zones and 
therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are 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 
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 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. 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.


0
2. Add Sec.  165.T09-0476 to read as follows:


Sec.  165.T09-0476  Safety Zone; Summer Fireworks Displays in the 
Captain of the Port Lake Michigan Zone.

    (a) Safety Zones. The following are designated as safety zones:
    (1) Private Party Fireworks; Spring Lake, MI. All waters of Spring 
Lake in Spring Lake, Michigan, in the vicinity of Jerusalem Bayou, 
within the arc of a

[[Page 37956]]

circle with a 500-foot radius from the fireworks launch site located on 
a barge in approximate position 43[deg]06'39'' N, 086[deg]10'56'' W. 
(NAD 83); 9:30 p.m. until 10:45 p.m. on July 5, 2014.
    (2) Salute the Troops Fireworks; Muskegon, MI. All waters of 
Muskegon Lake, in the vicinity of Lafarge Corporation, within the arc 
of a circle with a 1000-foot radius from a fireworks launch site 
located in approximate position 43[deg]14'00'' N, 086[deg]15'50'' W. 
(NAD 83); 10 p.m. until 11:30 p.m. on July 5, 2014.
    (3) Venetian Night Fireworks; Sturgeon Bay, WI. All waters of 
Sturgeon Bay, in the vicinity of Sturgeon Bay Yacht Harbor, within the 
arc of a circle with a 800-foot radius from the fireworks launch site 
located on a barge in approximate position 44[deg]49'41'' N, 
087[deg]22'20'' W. (NAD 83); 9 p.m. until 11 p.m. on August 2, 2014.
    (b) Effective and enforcement period. This section is effective 
from July 5, 2014 until 11 p.m. on August 2, 2014. This section will be 
enforced at the times specified in paragraph (a) of this section.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within these safety 
zones is prohibited unless authorized by the Captain of the Port, Lake 
Michigan or his or her designated on-scene representative.
    (2) These safety zones are closed to all vessel traffic, except as 
may be permitted by the Captain of the Port, Lake Michigan or his or 
her designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Lake Michigan is any Coast Guard commissioned, warrant or petty officer 
who has been designated by the Captain of the Port, Lake Michigan, to 
act on his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zones must contact the Captain of the Port, Lake Michigan, or his or 
her on-scene representative to obtain permission to do so. The Captain 
of the Port, Lake Michigan, or his or her on-scene representative may 
be contacted via VHF Channel 16.

    Dated: June 18, 2014.
A.B. Cocanaour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-15707 Filed 7-2-14; 8:45 am]
BILLING CODE 9110-04-P


