29428 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0483] 

RIN 1625–AA00 

Safety Zone; Target Fireworks, Detroit 

River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Captain of the Port Detroit Zone on 

the Detroit River, Detroit, Michigan. 

This Zone is intended to restrict vessels 

from portions of the Detroit River during 

the Target Fireworks. This temporary 

safety zone is necessary to protect 

spectators and vessels from the hazards 

associated with fireworks displays. 

DATES: This rule is effective from 7 a.m., 

June 20, 2009 until 12:15 a.m., June 26, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0483 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0483 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at the following location: The 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail CDR Joseph 

Snowden, Prevention Department, 

Sector Detroit, Coast Guard; telephone 

(313) 568–9508, e-mail 

Joseph.H.Snowden@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final 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 

permit application was not received in 

time to publish an NPRM followed by 

a final rule before the effective date and 

because immediate action is necessary 

to protect the safety of spectators and 

vessels. 

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. 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 and 

property. The Coast Guard has not 

received any complaints or negative 

comments previously with regard to 

events of this type and duration. 

Background and Purpose 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and spectators from hazards associated 

with a fireworks display. 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. 

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 

risks. 

Discussion of Rule 

A temporary safety zone is necessary 

to ensure the safety of spectators and 

vessels during the setup, loading, and 

launching of the Target Fireworks 

Display. The fireworks display will 

occur between 10 p.m. and 10:45 p.m., 

June 24, 2009. In the event of inclement 

weather, the fireworks display will 

occur between 10 p.m. and 10:45 p.m., 

June 25, 2009. 

Three temporary safety zone areas 

will be in effect at different periods 

throughout the enforcement of this rule. 

The first safety zone area will 

encompass all waters of the Detroit 

River bounded by the arc of a circle 

with a 900-foot radius with its center in 

approximate position 42°19′23′′ N, 

083°04′34′′ W from 7 a.m. to 9 p.m. on 

June 20, 2009, from 6 a.m. to 9 p.m. June 

21, 2009, from 6 a.m. to 9 p.m. June 22, 

2009, from 6 a.m. to 9 p.m. June 23, 

2009 and from 6 a.m. to 5 p.m. on June 

24, 2009, and in the event of inclement 

weather, from 6 a.m. to 5 p.m. on June 

25, 2009. 

The second safety zone area will 

encompass a portion of the Detroit River 

bounded on the South by the 

International Boundary line, on the 

West by 83°03′30′′ W, on the North by 

the City of Detroit shoreline and on the 

East by 083°01′15′′ W from 5 p.m. on 

June 24, 2009 through 12:15 a.m. on 

June 25, 2009, and in the event of 

inclement weather, from 5 p.m. on June 

25 to 12:15 a.m. on June 26, 2009. 

The third safety zone area will restrict 

vessels 65 feet in length or greater from 

navigation or anchorage within a 

portion of the Detroit River bounded on 

the South by the International Boundary 

line, on the West by the Ambassador 

Bridge, on the North by the City of 

Detroit shoreline, and on the East by a 

line near the downstream end of Belle 

Isle starting at the U.S. shoreline at 

position 42°20′17′′ N; 083°00′39′′ W, and 

extending to the International Boundary 

line at position 42°19′53′′ N; 083°00′15′′ 

W from 8 p.m. on June 24, 2009 through 

12:15 a.m. on June 25, 2009, and in the 

event of inclement weather, from 8 p.m. 

on June 25 to 12:15 a.m. on June 26, 

2009. 

In the event of inclement weather, the 

date of the fireworks display will be 

June 25, 2009. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated on 

scene patrol personnel. 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 Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This 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 


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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations 29429 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

This determination is based on the 

minimal time that vessels will be 

restricted from the zone and the zone is 

an area where the Coast Guard expects 

insignificant adverse impact to mariners 

from the zone’s activation. 

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 will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners and operators of 

vessels intending to transit or anchor in 

a portion of the Detroit River near 

Detroit, MI between 7 a.m. on June 20, 

2009 and 12 a.m. on June 25, 2009. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: This rule will 

only be in effect for a few days for one 

event, and throughout most of the 

enforcement period, navigation around 

the safety zone will be available. In the 

event that this temporary safety zone 

affects shipping, commercial vessels 

may request permission from the 

Captain of the Port Detroit to transit 

through the safety zone. The Coast 

Guard will give notice to the public via 

a Broadcast Notice to Mariners that the 

regulation is in effect. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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. 

Collection of Information 

This 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 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 rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will 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 

We have 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 create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

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. 

Energy Effects 

We have analyzed this 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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 


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29430 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations 

environment. This rule is categorically 

excluded, under figure 

2–1, paragraph (34)(g), of the 

Instruction. This rule involves the 

establishment of a safety zone. Based on 

our preliminary determination, there are 

no factors in this case that would limit 

the use of a categorical exclusion under 

section 2.B.2 of the Instruction. 

Therefore, we believe that this rule 

should be categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. Because this event 

establishes a safety zone, paragraph 

(34)(g) of the Instruction applies. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

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 

■ 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. Add new temporary § 165.T09– 

0483 as follows: 

§ 165.T09–0483 Safety Zone; Target 

Fireworks; Detroit River; Detroit, MI. 

(a) Location. The following areas are 

temporary safety zones: 

(1) The first safety zone area will 

encompass all waters of the Detroit 

River bounded by the arc of a circle 

with a 900-foot radius with its center in 

approximate position 42°19′23′′ N, 

083°04′34′′ W (NAD 83). 

(2) The second safety zone area will 

encompass a portion of the Detroit River 

bounded on the South by the 

International Boundary line, on the 

West by 83°03′30′′ W, on the North by 

the City of Detroit shoreline and on the 

East by 083°01′15′′ W (NAD 83). 

(3) The third safety zone will 

encompass a portion of the Detroit River 

bounded on the South by the 

International Boundary line, on the 

West by the Ambassador Bridge, on the 

North by the City of Detroit shoreline, 

and on the East by the downstream end 

of Belle Isle. The Captain of the Port 

Detroit has determined that vessels 

below 65 feet in length may enter this 

zone. 

(b) Effective Period. 

(1) The first safety zone is effective 

from 7 a.m. on June 20, 2009 to 5 p.m. 

on June 25 2009. The first safety zone 

will be enforced from 7 a.m. to 9 p.m. 

on June 20, 2009, from 6 a.m. to 9 p.m. 

June 21, 2009, from 6 a.m. to 9 p.m. June 

22, 2009, from 6 a.m. to 9 p.m. June 23, 

2009 and from 6 a.m. to 5 p.m. on June 

24, 2009. In the event of inclement 

weather, the first safety zone will also 

be enforced from 6 a.m. to 5 p.m. on 

June 25, 2009. 

(2) The second safety zone is effective 

from 5 p.m. on June 24, 2009 through 

12:15 a.m. on June 26, 2009. The second 

safety zone will be enforced from 5 p.m. 

on June 24, 2009 through 12:15 a.m. on 

June 25, 2009. In the event of inclement 

weather, the second safety zone will 

also be enforced from 5 p.m. on June 25, 

2009 to 12:15 a.m. on June 26, 2009. 

(3) The third safety zone is effective 

from 8 p.m. on June 24, 2009 through 

12:15 a.m. on June 26, 2009. The third 

safety zone will be enforced from 8 p.m. 

on June 24, 2009 through 12:15 a.m. on 

June 25, 2009. In the event of inclement 

weather, the third safety zone will also 

be enforced from 8 p.m. on June 25, 

2009 to 12:15 a.m. on June 26, 2009. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Detroit, or his 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 

Detroit or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Detroit 

or his on-scene representative to obtain 

permission to do so. 

(5) 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 or his 

on-scene representative. 

Dated: June 8, 2009. 

F.M. Midgette, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. E9–14549 Filed 6–19–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 1 

Collection of Debts Owed by Reason of 

Participation in a Benefits Program 

CFR Correction 

In Title 38 of the Code of Federal 

Regulations, Parts 0 to 17, revised as of 

July 1, 2008, on page 91, in § 1.911, 

remove paragraphs (b)(1) through (b)(4). 

[FR Doc. E9–14689 Filed 6–19–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XP56 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Closure 

of the 2009 Deepwater Grouper 

Commercial Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for deepwater grouper (misty 

grouper, snowy grouper, yellowedge 

grouper, warsaw grouper, and speckled 

hind) in the exclusive economic zone 

(EEZ) of the Gulf of Mexico. NMFS has 

determined that the deepwater grouper 

quota for the commercial fishery will 

have been reached by June 27, 2009. 

This closure is necessary to protect the 

deepwater grouper resource. 

DATES: Closure is effective 12:01 a.m., 

local time, June 27, 2009, until 12:01 

a.m., local time, on January 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–551– 

5727, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 


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