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[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Rules and Regulations]
[Pages 96902-96904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28557]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-1050]
RIN 1625-AA00

Safety Zone; Sandusky Tree Lighting, Sandusky Bay, Sandusky, OH

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 Sandusky Bay in vicinity of the Jackson Street Pier 
in Sandusky, OH. The safety zone is necessary and intended to protect 
personnel, vessels, and the marine environment from potential hazards 
associated with firework displays created by the City of Sandusky. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Detroit, or 
his designated representative.

DATES: This rule is effective from 5:30 p.m. through 6:30 p.m. on 
December 14, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-1050 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email MST1 Thomas Harp, Waterways Management Division, Marine 
Safety Unit Toledo, Coast Guard; telephone 419-418-6040, email 
[email protected].

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 under the authority 
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because the event sponsor 
notified the Coast Guard with insufficient time to publish an NPRM and 
immediate action is necessary to protect personnel, vessels, and the 
marine environment on the Sandusky Bay in Sandusky, OH. It is also 
impracticable and contrary to the public to publish a NPRM because we 
must establish this safety zone by December 14, 2024.
    Also, 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, 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 firework display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP Detroit has determined that potential hazards 
associated with a firework display will be a safety concern for anyone 
within a 560-foot radius of the launch site. The likely combination of 
recreational vessels, darkness punctuated by bright flashes of light, 
and firework debris falling into the water presents risks of collisions 
which could result in serious injuries or fatalities. This rule is 
necessary to protect personnel, vessels, and the marine environment in 
the navigable waters within the safety zone during the firework 
display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5:30 p.m. through 6:30 
p.m. on December 14, 2024. The safety zone will encompass all U.S. 
Navigable waters of Sandusky Bay within a 560-foot radius of the 
firework display launch site located at 41[deg]27'32.27'' N, 
82[deg]42'52.15'' W, on the Jackson Street Pier in Sandusky, OH. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters during the firework 
display. Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP Detroit or his representative. 
The COTP Detroit or his designated representative may be contacted via 
VHF Channel 16 or call 313-568-9560.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094

[[Page 96903]]

(Modernizing Regulatory Review). Accordingly, this rule has not been 
reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic will be able 
to safely transit around this safety zone which would impact a small, 
designated area of Sandusky Bay for one hour during the evening when 
vessel traffic is normally low. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners (BNM) via VHF-FM Marine Channel 16 about 
the zone, and the rule would allow 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 
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.

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, Rev. 1, associated implementing instructions, 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 approximately one hour that will prohibit entry 
within a 560-foot radius where the firework display will be conducted. 
It is categorically excluded from further review under paragraph L60(a) 
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. 
A Record of Environmental Consideration supporting this determination 
is available in the docket. For instructions on locating the docket, 
see the ADDRESSES section of this preamble.

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:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T09-1050 to read as follows.

Sec.  165.T09-1050   Sandusky Tree Lighting, Sandusky Bay, Sandusky, OH

    (a) Location. The following area is a temporary safety zone: all 
U.S. Navigable waters of Sandusky Bay within a 560-foot radius of the 
firework launch site located at position 41[deg]27'32.27'' N, 
82[deg]42'52.15'' W, on the Jackson Street Pier in Sandusky, OH. All 
geographic coordinates are North American Datum of 1983 (NAD 83).
    (b) Enforcement period. This regulation will be enforced from 5:30 
p.m. through 6:30 p.m. on December 14, 2024. The COTP Detroit, or a 
designated representative may suspend enforcement of the safety zone at 
any time.
    (c) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer

[[Page 96904]]

designated by or assisting the Captain of the Port Detroit (COTP) in 
the enforcement of the safety zone.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within the safety 
zone described in paragraph (a) of this section is prohibited unless 
authorized by the COTP Detroit or his designated representative.
    (2) Vessel operators desiring to enter or operate within the safety 
zone shall contact the COTP Detroit or his designated 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 COTP Detroit or his designated representative. The COTP 
Detroit or his designated representative may be contacted via VHF 
Channel 16.

    Dated: November 27, 2024.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Sector Detroit.
[FR Doc. 2024-28557 Filed 12-5-24; 8:45 am]
BILLING CODE 9110-04-P
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