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Safety Zone; Lake Huron, Harrisville, MI
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 7, 2003 (Volume 68, Number 129)]
[Rules and Regulations]
[Page 40168-40169]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy03-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-228]
RIN 1625-AA00
Safety Zone; Lake Huron, Harrisville, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Harrisville Fireworks on July 5, 2003. 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 Lake Huron.
DATES: This temporary final rule is effective from 8 p.m. until 11 p.m.
on July 5, 2003.
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 [CGD09-03-228]
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: Lieutenant Junior Grade Brandon
Sullivan, U. S. Coast Guard Marine Safety Office Detroit, 110 Mt.
Elliott Ave. 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. 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
Temporary safety zones are necessary to ensure the safety of
vessels and spectators from the hazards associated with fireworks
displays. Based on 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 safety zones to control vessel
movement around the locations of the launch platforms 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 surrounding the fireworks
launch platform bounded by the arc of a circle with a 300-yard radius
with its center in approximate position 44[deg]39'70'' N,
083[deg]17'20'' W (off of the DNR boat launch). 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 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 minor if any impacts to
Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 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 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 8 p.m. until 11 p.m. on the day of
the event and allows vessel traffic to pass outside of the safety zone.
Before the effective period, we will issue maritime advisories widely
available to users of Lake Huron 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), 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
[[Page 40169]]
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)
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 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 of Commandant Instruction
M16475.1D, 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.
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. 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 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, 160.5; Department of Homeland Security Delegation
No. 0170.
? 2. A new temporary Sec. 165.T09-228 is added to read as follows:
Sec. 165.T09-228 Safety Zone; Lake Huron, Harrisville, MI.
(a) Location. The safety zone will encompass all waters of Lake
Huron surrounding the fireworks launch platform bounded by the arc of a
circle with a 300-yard radius with its center in approximate position
44[deg]39'70'' N, 083[deg]17'20'' W (off of the DNR boat launch). The
geographic coordinates are based upon North American Datum 1983 (NAD
83).
(b) Effective time and date. This section is effective from 8 p.m.
(local time) until 11 p.m. (local time) on July 5, 2003.
(c) Regulations. In accordance with the general regulations in
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.
Dated: June 20, 2003.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port, Detroit.
[FR Doc. 03-16970 Filed 7-3-03; 8:45 am]
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