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Safety Zone; Saginaw River, Bay City, MI
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 3, 2002 (Volume 67, Number 128)]
[Rules and Regulations]
[Page 44562-44564]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy02-16]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
CGD09-02-039
RIN 2115-AA97
Safety Zone; Saginaw River, Bay City, MI
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Bay City Relay for Life Fireworks on August 10, 2002. This safety
zone is necessary to control vessel traffic within the immediate
location of the fireworks launch site 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 the Saginaw River.
DATES: This temporary final rule is effective from 10:30 p.m. until 11
p.m. on August 10, 2002.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD09-02-039]
and are available for
inspection or copying at U.S. Coast Guard Marine Safety Office Detroit,
110 Mt. Elliott Ave., Detroit, MI 48207, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Brandon Sullivan, U.S. Coast
Guard Marine Safety Office Detroit, at (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
[[Page 44563]]
for not publishing an NPRM. 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. The permit
application was not received in time to publish an NPRM followed by a
final rule before the effective date. 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 a fireworks
display. 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 of the Saginaw River
surrounding the fireworks launch platform bounded by the arc of a
circle with a 300-yard radius with its center in approximate position
43 deg.35'55'' N, 083 deg.53'34'' W. The geographic coordinates are
based upon North American Datum 1983 (NAD 83). 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 this 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, 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 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). The Coast Guard
expects 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant 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 will affect the following entities, some of
which might be small entities: The owners or operators of commercial
vessels intending to transit or anchor in 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: This
safety zone is only in effect from 10:30 p.m. until 11 p.m. the day of
the event and allows vessel traffic to pass outside of the safety zone.
Before the effective period, the Coast Guard will issue maritime
advisories widely available to users of the Saginaw River 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 (Pub. L. 104-121), the Coast Guard wants 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
The Coast Guard has analyzed this rule under Executive Order 13132,
Federalism, and has 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)
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 would 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
[[Page 44564]]
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
The Coast Guard has considered the environmental impact of this
proposed rule and concluded that, under figure 2-1, paragraph (34)(g)
of Commandant Instruction M16475.1D, this rule is categorically
excluded from further environmental documentation. A ``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.
Energy Effects
The Coast Guard has 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. It has not been designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. A new temporary Sec. 165.T09-038 is added to read as follows:
Sec. 165.T09-038 Safety Zone; Saginaw River, Bay City, MI.
(a) Location. The safety zone will encompass all waters of the
Saginaw River surrounding the fireworks launch platform bounded by the
arc of a circle with a 300-yard radius with its center in approximate
position 43 deg.35'55'' N, 083 deg.53'34'' W (NAD 83).
(b) Effective time and date. This section is effective from 10:30
p.m. until 11 p.m. on August 10, 2002.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of 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. The designated on-scene Patrol
Commander may be contacted via VHF Channel 16. Section 165.23 also
contains other applicable requirements.
Dated: June 24, 2002.
P.G. Gerrity,
Commander, Coast Guard, Captain of the Port Detroit.
[FR Doc. 02-16751 Filed 7-2-02; 8:45 am]
BILLING CODE 4910-15-P