[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Rules and Regulations]
[Pages 28219-28221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12805]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0290]
RIN 1625-AA00


Safety Zone; Creative Day Technologies Mackinac Island Fireworks, 
Mackinac Island, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Straits of Mackinac near Mackinac Island, MI. The temporary safety zone 
is needed to protect vessels and spectators from the hazards associated 
with a fireworks show during the Creative Day Technologies Mackinac 
Island Fireworks. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Sault Sainte Marie or a designated representative.

DATES: This rule is effective from 9:30 p.m. to 10:30 p.m., June 26, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0290 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST2 Onnalee A. Blackledge, Waterways Management, Coast 
Guard Sector Sault Sainte Marie, U.S. Coast Guard; telephone 906-253-
2443, email sssmprevention@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard is issuing this temporary 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 doing so would be 
impracticable. The Coast Guard did not receive the final details of the 
requested safety zone with sufficient time for a comment period to run 
before the start of the fireworks display. Thus, delaying this rule to 
wait for a notice and comment period to run would be impracticable 
because it would inhibit the Coast Guard's ability to protect the 
public from the potential hazards associated with the fireworks 
display.
    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. For the same reasons discussed in 
the preceding paragraph, a 30 day notice period would be impracticable.

III. Legal Authority and Need for Rule

    The legal basis for this final rulemaking is found at 46 U.S.C 
70034; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland 
Security Delegation No. 0170.1.
    On June 26th 2019 from 9:30 p.m. through 10:30 p.m., Mackinac 
Island will have a fireworks display at position 45[deg]50'48.44'' N, 
084[deg]37'40.06'' W. The maximum sized shell to be used is six inches 
and requires a temporary safety zone of at least 420 feet. The State of 
Michigan regulates fireworks displays. This action is only for the 
temporary safety zone.
    The Captain of the Port Sault Sainte Marie has determined that 
potential hazard associated with fireworks from 9:30 p.m. to 10:30 p.m. 
on June 26, 2019 will be a safety concern to anyone within a 420-foot 
radius of the launch site. Such hazards include premature and 
accidental detonations, falling and burning debris, and collisions 
among spectator vessels. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
temporary safety zone while the fireworks are being displayed.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 9:30 p.m. 
through 10:30 p.m. on June 26, 2019. This rule is necessary to protect 
the safety of spectators and vessels during the aforementioned display. 
The temporary safety zone will encompass all U.S. waters of Lake Huron 
within a 420 feet radius from 45[deg]50'48.44'' N, 084[deg]37'40.06'' 
W. The rule will be enforced to mitigate risks associated with the 
display.
    The duration of the zone is intended to protect the safety of life 
and property in these navigable waters during the scheduled fireworks 
display. No vessel or person will be permitted to enter the temporary 
safety zone without obtaining permission from the Captain of the Port 
or a designated representative. The Captain of the Port or a designated 
representative may be contacted via VHF Channel 16 or at 906-635-3237.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.

[[Page 28220]]

    This regulatory action determination is based on the size, 
location, duration, and time-of-day for this temporary safety zone. 
Vessel traffic will be able to safely transit around this safety zone 
which will impact small designated area of Lake Huron near Mackinac 
Island for 1 hour. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone and the 
rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    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.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Environmental Planning COMDTINST 5090.1 
(series), which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and 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 a temporary safety zone lasting one 
hour that will prohibit entry into a designated area. Normally such 
actions are categorically excluded from further review under paragraph 
L60(a) in Table 3-1 of U.S. Coast Guard Environmental Planning 
Implementing Procedures 5090.1. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. 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.

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 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0290 to read as follows:


Sec.  165.T09-0290  Safety Zone; Creative Day Technologies Mackinac 
Island Fireworks, Mackinac Island, MI.

    (a) Location. The temporary safety zone will encompass all U.S. 
navigable waters of Lake Huron within a 420 foot radius of 
45[deg]50'48.44'' N, 084[deg]37'40.06'' W.
    (b) Effective and enforcement period. This regulation is effective 
and will be enforced on June 26, 2019 from 9:30 p.m. through 10:30 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this 
temporary safety zone is prohibited unless authorized by the Captain of 
the Port Sault Sainte Marie or an on-scene representative.
    (2) This temporary safety zone is closed to all vessel traffic, 
except as may be permitted by the Captain of the Port Sault Sainte 
Marie or an on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty 
officer who has been designated by the Captain

[[Page 28221]]

of the Port Sault Sainte Marie to act on his or her behalf. The on-
scene representative of the Captain of the Port Sault Sainte Marie will 
be aboard a Coast Guard vessel.
    (4) Vessel Operators desiring to enter or operate within the 
temporary safety zone shall contact the Captain of the Port Sault 
Sainte Marie, or an on-scene representative to obtain permission to do 
so. The Captain of the Port Sault Sainte Marie or his on-scene 
representative may be contacted via VHF Channel 16 or at (906) 635-
3237. Vessel operators given permission to enter or operate in the 
temporary safety zone must comply with all directions given to them by 
the Captain of the Port, Sault Sainte Marie or his on-scene 
representative.

    Dated: June 11, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-12805 Filed 6-17-19; 8:45 am]
BILLING CODE 9110-04-P


