[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Proposed Rules]
[Pages 26823-26826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12985]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0342]
RIN 1625-AA00


Safety Zones; Annual Events Requiring Safety Zones in the Captain 
of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend 33 CFR Part 165 to amend the 
rules that restrict vessels from portions of water areas during events 
that pose a hazard to public safety. The safety zones proposed in this 
rulemaking are necessary to protect spectators, participants, and 
vessels from the hazards associated with fireworks displays, air shows, 
and other events.

DATES: Comments and related materials must reach the Coast Guard on or 
before July 6, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2009-0342 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand Delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call BM2 Adam Kraft, Prevention Department, Coast Guard Sector 
Lake Michigan, Milwaukee, WI at (414) 747-7154. If you have questions 
on viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0342), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2009-0342'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2009-0342 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. 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.,

[[Page 26824]]

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. We have an agreement with the Department of 
Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    This rule proposes the amendment of regulations in Sec.  165.929, 
Annual Events requiring safety zones in the Captain of the Port Lake 
Michigan zone. This rule proposes the removal of three events that do 
not require establishment of a safety zone; revising the location of 
three safety zones, revising the enforcement date and time of two 
safety zones; and the addition of three recurring safety zones. These 
safety zones are necessary to protect vessels and people from the 
hazards associated with fireworks displays. Such hazards include 
obstructions to the waterway that may cause marine casualties and the 
explosive danger of fireworks and debris falling into the water that 
may cause death or serious bodily harm.

Discussion of Proposed Rule

    The proposed rule and associated safety zones are necessary to 
ensure the safety of vessels and people during events in the Captain of 
the Port Lake Michigan area of responsibility that may pose a hazard to 
the public. The proposed safety zones will be enforced only immediately 
before and during events that pose a hazard to the public. If the event 
concludes prior to the scheduled termination time, the Coast Guard will 
cease enforcement of the safety zone and will announce that fact via 
Broadcast Notice to Mariners or Local Notice to Mariners.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 it under that Order.
    The Coast Guard's use of these safety zones will be periodic in 
nature, of short duration, and designed to minimize the impact on 
navigable waters. These safety zones will only be enforced immediately 
before and during the time the events are occurring. Furthermore, these 
safety zones have been designed to allow vessels to transit 
unrestricted to portions of the waterways not affected by the safety 
zones. The Coast Guard expects insignificant adverse impact to mariners 
from the activation of these safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners and operators of vessels 
intending to transit or anchor in the areas designated as safety zones 
during the dates and times the safety zones are being enforced. These 
safety zones would not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
safety zones in this proposed rule would be in effect for short periods 
of time and only once per year. The safety zones have been designed to 
allow traffic to pass safely around the zone whenever possible and 
vessels will be allowed to pass through the zones with the permission 
of the Captain of the Port.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 BM2 Adam Kraft, Prevention 
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 
747-7154. 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.

Collection of Information

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

Federalism

    A rule has implications for Federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for Federalism.

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 or more in any 
one year. Though this proposed rule will not result in such an 
expenditure, we do discuss the effects of this proposed rule elsewhere 
in this preamble.

Taking of Private Property

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

[[Page 26825]]

Civil Justice Reform

    This proposed 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

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that these safety zones and fishing rights 
protection need not be incompatible. We have also determined that this 
Proposed 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. Nevertheless, Indian 
Tribes that have questions concerning the provisions of this Proposed 
Rule or options for compliance are encouraged to contact the point of 
contact listed under FOR FURTHER INFORMATION CONTACT.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 023-
01, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. A preliminary 
environmental analysis check list supporting this preliminary 
determination is 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 proposed 
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 proposes 
to amend 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. 1226, 1231; 46 U.S.C. Chapter 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.

    2. In Sec.  165.929 make the following amendments:
    a. In paragraph (a)(4), revise paragraph (ii).
    b. In paragraph (a)(11), revise paragraph (i).
    c. In paragraph (a)(15), revise paragraph (ii).
    d. In paragraph (a)(26), revise paragraph (i).
    e. In paragraph (a), revise paragraph (33).
    f. In paragraph (a), remove and reserve paragraph (37).
    g. In paragraph (a), revise paragraph (38).
    h. In paragraph (a)(49), revise paragraph (i).
    i. In paragraph (a), add paragraph (67).
    The amendments read as follows:


Sec.  165.929  Safety Zones; Annual events requiring safety zones in 
the Captain of the Port Lake Michigan zone.

    (a) * * *
    (4) * * *
    (ii) Enforcement date and time. The second Saturday of May; 8 a.m. 
to 5 p.m.
* * * * *
    (11) * * *
    (i) Location. All waters of the Grand River within the arc of a 
circle with a 500-foot radius from the fireworks launch site located on 
a barge in position 43[deg]04'24'' N, 086[deg]12'17'' W (NAD 83).
* * * * *
    (15) * * *
    (i) * * *
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m., July 4; 
9 p.m. to 11 p.m., and July 5; 9 p.m. to 11 p.m.
* * * * *
    (26) * * *
    (i) Location. All waters of Muskegon Lake within the arc of a 
circle with a 1,000-foot radius from a fireworks launch site located on 
a barge in position 43[deg]14'13'' N, 086[deg]15'54'' W (NAD 83).
* * * * *
    (33) New Buffalo Independence Day Fireworks; New Buffalo, IN.
    (i) Location. All waters of Lake Michigan and New Buffalo Harbor 
within the arc of a circle with a 1,000-foot radius from the fireworks 
launch site located in position 41[deg]48'09'' N, 086[deg]44'49'' W 
(NAD 83).
    (ii) Enforcement date and time. The first Friday after July 4; 9 
p.m. to 11 p.m.
* * * * *
    (37) [Reserved]
    (38) Gills Rock July 4th Fireworks; Gills Rock, WI.
    (i) Location. All waters of Green Bay, in the vicinity of Hedgehog 
Harbor, within the arc of a circle with a 800-foot radius from the 
fireworks launch site located on a in position 45[deg]17'20'' N, 
087[deg]01'32'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the 
July 4 fireworks

[[Page 26826]]

are cancelled due to inclement weather, then this section will be 
enforced July 5; 9 p.m. to 11 p.m.
* * * * *
    (49) * * *
    (i) Location. All waters of Muskegon Lake within the arc of a 
circle with a 1,000-foot radius from a fireworks barge located in 
position 43[deg]14'13'' N, 086[deg]15'54'' W (NAD 83).
* * * * *
    (67) Sister Bay Marina Fest Fireworks; Sister Bay, WI.
    (i) Location. All waters of Green Bay, in the vicinity of Sister 
Bay, within the arc of a circle with a 800-foot radius from the 
fireworks launch site located on a boat in position 45[deg]11'30'' N, 
087[deg]07'20'' W (NAD 83).
    (ii) Enforcement date and time. The Saturday prior to Labor Day; 9 
p.m. to 11 p.m.
* * * * *

    Dated: May 7, 2009.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E9-12985 Filed 6-3-09; 8:45 am]
BILLING CODE 4910-15-P