[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51405-51407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21053]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0804]
RIN 1625-AA00


Safety Zone; Grand Haven Fireworks, Lake Michigan, Grand Haven, 
MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Lake Michigan and the Grand River in Grand Haven, 
MI. The safety zone is needed to protect personnel, vessels, and the 
marine environment from potential hazards created by a fireworks 
display. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Lake Michigan 
(COTP).

DATES: This rule is effective from 7:30 p.m. on September 30, 2019, 
through 9:30 p.m. on October 1, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0804 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 Chief Petty Officer Kyle Weitzell, U.S. Coast Guard; 
telephone 414-747-7148, email Kyle.W.Weitzell@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    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 the COTP received notice of the 
fireworks display on September 4, 2019 and final details on September 
12, 2019. Delaying the effective date of this rule to wait for a 
comment period to run would be impracticable and contrary to the public 
interest by inhibiting the Coast Guard's ability to protect the public, 
mariners, spectators, and vessels on September 30, 2019.
    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 reasons discussed in the 
preceding paragraph, delaying the effective date of this rule would be 
impracticable because immediate action is needed to respond to the 
potential safety hazards associated with a fireworks display scheduled 
for September 30, 2019, with a backup date established for October 1, 
2019.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP has determined that 
potential hazards associated with a fireworks display scheduled for 
September 30, 2019, with a backup date established for October 1, 2019, 
will be a safety concern for anyone within a 300 foot radius of the 
fireworks launch site that is in close proximity to Lake Michigan and 
the Grand River in Grand Haven, MI. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone immediately before, during, and following the 
fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 7:30 
p.m. through 9:30 p.m. on September 30, 2019, with a rain date of 7:30 
p.m. through 9:30 p.m. on October 1, 2019. The safety zone will cover 
all navigable waters of Lake Michigan and the Grand River within 300 
feet of the fireworks launch site at coordinates 43[deg]03.240' N, 
086[deg]15.360' W.
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters from falling 
embers and fireworks debris associated with the fireworks display. 
Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP or a designated on-scene 
representative. The COTP or a designated on-scene representative may be 
contacted via VHF Channel 16.

[[Page 51406]]

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.
    This regulatory action determination is based on the 
characteristics of the safety zone. The safety zone created by this 
rule will be relatively small and is designed to minimize its impact on 
navigable waters. This rule will prohibit entry into certain navigable 
waters of Lake Michigan and the Grand River, Grand Haven, MI not to 
exceed two hours in duration. Thus, restrictions on vessel movement 
within that particular area are expected to be minimal. Under certain 
conditions, moreover, vessels may still transit through the safety zone 
when permitted by the COTP.

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 
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 
call or email 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 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section above.

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 
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 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 a safety zone lasting not more than 2 
hours that will prohibit entry within 300 feet of a fireworks launch 
site along Lake Michigan and the Grand River in Grand Haven, MI. It is 
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 will be available in the docket where indicated 
under ADDRESSES once it has been completed.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 
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:


[[Page 51407]]


    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.T09-0804 to read as follows:


Sec.  165.T09-0804   Safety Zone; Grand Haven Fireworks, Lake Michigan, 
Grand Haven, MI.

    (a) Location. All navigable waters of Lake Michigan and the Grand 
River in Grand Haven, MI within 300 feet of a fireworks launch site at 
coordinates 43[deg]03.240' N, 086[deg]15.360' W.
    (b) Enforcement period. The regulated area described in paragraph 
(a) will be enforced from 7:30 p.m. through 9:30 p.m. on September 30, 
2019 with a rain date of 7:30 p.m. through 9:30 p.m. on October 1, 
2019.
    (c) Regulations. (1) In accordance with the general regulations in 
section Sec.  165.23, entry into, transiting, or anchoring within this 
safety zone is prohibited unless authorized by the Captain of the Port 
Lake Michigan or a 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 Lake Michigan or a 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 
zone must contact the Captain of the Port Lake Michigan or an on-scene 
representative to obtain permission to do so. The Captain of the Port 
Lake Michigan or an on-scene representative may be contacted via VHF 
Channel 16. 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 Lake Michigan or an on-scene representative.

    Dated: September 23, 2019.
L.M. Lusk,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Lake 
Michigan.
[FR Doc. 2019-21053 Filed 9-27-19; 8:45 am]
 BILLING CODE 9110-04-P


