[Federal Register Volume 66, Number 109 (Wednesday, June 6, 2001)]
[Rules and Regulations]
[Pages 30319-30321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14231]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-042]
RIN 2115-AA97


Safety Zone: Grosse Pointe Farms, Lake St. Clair, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Celebrate America Fundraiser fireworks display on June 14th, 2001. 
This safety zone is necessary to control vessel traffic within the 
immediate location of the fireworks launch platform and to ensure the 
safety of life and property during the event. This safety zone is 
intended to restrict vessel traffic from a portion of Lake St. Clair.

DATES: This temporary final rule is effective from 9 p.m. until 11 p.m. 
on June 14th and 15th, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD09-01-042] and are available for inspection or 
copying at: U.S. Coast Guard Marine Safety Office Detroit, 110 Mt. 
Elliott St., Detroit, MI 48207, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: ENS Brandon Sullivan, U. S. Coast 
Guard Marine Safety Office Detroit, 110 Mt. Elliott St., Detroit, MI 
48207. The telephone number is (313) 568-9558.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, and under 5 U.S.C. 553(d)(3), 
we find that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. The permit 
application was not received in time to publish an NPRM followed by a 
final rule before the date of the event. Delaying this rule would be 
contrary to the public interest of ensuring the safety of spectators 
and vessels during this event and immediate action is necessary to 
prevent possible loss of life or property. The Coast Guard has not 
received any complaints or negative comments previously with regard to 
this event.

Background and Purpose

    A temporary safety zone is necessary to ensure the safety of 
vessels and spectators from the hazards associated with fireworks 
displays. Based on recent accidents that have occurred in other Captain 
of the Port zones, and the explosive hazard of fireworks, the Captain 
of the Port Detroit has determined fireworks launches in close 
proximity to watercraft pose significant risks to public safety and 
property. The likely combination of large numbers of recreational 
vessels, 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. Establishing a safety zone to 
control vessel movement around the location of the launch platform will 
help ensure the safety of persons and property at these events and help 
minimize the associated risk.
    The safety zone will encompass all waters within 300-yards of a 
fireworks barge located approximately 500 feet offshore of 950 Lake 
Shore Rd., Grosse Pointe Farms in Lake St. Clair. The size of this zone 
was determined using the National Fire Prevention Association 
guidelines and local knowledge concerning wind, waves, and currents.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on scene patrol 
representative. 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. The Captain of the Port or 
his designated on scene representative may be contacted via VHF Channel 
16.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 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 this rule under that 
order. It is not ``significant'' under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040, 
February 26, 1979). We expect the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zone and therefore

[[Page 30320]]

minor, if any, adverse impacts to mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities. The owners or operators of commercial vessels 
intending to transit, or anchor in, a portion of the activated safety 
zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
safety zone is only in effect from 9 p.m. until 11 p.m. on the day of 
the event. During the event vessel traffic can safely pass outside the 
proposed safety zone. In addition, traffic may be authorized to pass 
through the safety zone under Coast Guard escort with the permission of 
the Captain of the Port Detroit or his designated on scene 
representative. Before the effective period, we will issue maritime 
advisories widely available to users of Lake St. Clair by the Ninth 
Coast Guard District Local Notice to Mariners and Marine Information 
Broadcasts. Facsimile broadcasts may also be made.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects and participate in the rulemaking process. 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 Marine Safety Office Detroit 
(see ADDRESSES).
    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).

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a state, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

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.

Protection of Children

    The Coast Guard has 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 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. A written categorical exclusion 
determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

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.

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

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T09-917 is added to read as follows:


Sec. 165.T09-917  Safety Zone: Grosse Pointe Farms, Lake St. Clair, MI.

    (a) Location. The safety zone will encompass all waters within a 
300-yard radius of the fireworks barge located approximately 500 yards 
offshore from 950 Lake Shore Rd., Grosse Pointe Farms, MI in Lake St. 
Clair.
    (b) Effective Time and Date. This section is effective from 9 p.m. 
(local time) until 11 p.m. (local time) on June 14th, 2001. In the 
event the fireworks display is cancelled due to inclement weather, this 
section is effective during these same times on June 15th, 2001. The 
Coast Guard Captain of the Port Detroit and the designated Patrol 
Commander have the authority to terminate this event at any time. The 
designated on-scene Patrol Commander may be contacted via VHF Channel 
16.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of

[[Page 30321]]

this part, entry into this safety zone is prohibited unless authorized 
by the Coast Guard Captain of the Port Detroit, or his designated on-
scene representative.

    Dated: May 29, 2001.
S.P. Garrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 01-14231 Filed 6-5-01; 8:45 am]
BILLING CODE 4910-15-P