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Safety Zone; Lake Michigan: Michigan City Independence Day Fireworks, Dunes Acres, Michigan City, IN
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 3, 2006 (Volume 71, Number 127)]
[Rules and Regulations]
[Page 37827-37829]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy06-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-072]
RIN 1625-AA00
Safety Zone; Lake Michigan: Michigan City Independence Day
Fireworks, Dunes Acres, Michigan City, IN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
Lake Michigan near Dunes Acres, Michigan City, IN, for the Michigan
City Independence Day Fireworks on July 1, 2006. This safety zone is
needed to protect participants and spectators from the hazards
associated with fireworks displays. Entry into this zone is prohibited
unless authorized by the Captain of the Port or his designated on scene
representative.
DATES: This rule is effective from 9 p.m. (local) on July 1, 2006
through 11 p.m. (local) on July 1, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD09-06-072]
and are available for
inspection or copying at U.S. Coast Guard Sector Lake Michigan, 2420
South Lincoln Memorial Drive, Milwaukee, WI 53207 between 7 a.m. and
3:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Brad Hinken,
Sector Lake Michigan, (414) 747-7154.
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. The permit application was not
submitted in time to allow for publication of an NPRM followed by a
temporary final rule before the effective date.
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 from the date
of publication in the Federal Register. Any delay of the effective date
of this rule would be contrary to the public interest by exposing the
public to the known dangers associated with fireworks displays.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a fireworks
display. Based on accidents that have occurred in other Captain of the
Port zones, and the explosive hazards of fireworks, the Captain of the
Port Lake Michigan has determined fireworks launches in close proximity
to watercraft pose significant risk to public safety and property. The
likely combination of large numbers of recreation 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 risks. This safety zone is necessary to ensure the
safety of the public and boating traffic in the Dunes Acres area during
this event. This safety zone is intended to restrict vessel traffic
from a portion of Lake Michigan. The size of the zone was determined by
fireworks shell size and previous experiences in the Captain of the
Port Lake Michigan zone and local knowledge about wind, waves, and
currents in this particular area.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading and launching of a
fireworks display in conjunction with the Michigan City Independence
Day fireworks display. The fireworks display will occur between 9 p.m.
(local) and 11 p.m. (local) on July 1, 2006. The safety zone will
encompass all waters of Lake Michigan from within a 500-foot radius of
the fireworks launching site located in approximate position 41[deg]-
39.24[min]N and 086[deg]-04.98[min]W.
All persons and vessels shall comply with the instructions of the
Captain of the Port Lake Michigan or his designated on scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Lake
Michigan or his designated on scene representative. The Captain of the
Port Lake Michigan 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 it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland Security.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This determination is based upon the size and location of the
safety zone within the waterway. Vessels will only be restricted from
the safety zone for a short period of time. Vessels may transit through
the safety zone with permission from the Captain of the Port Lake
Michigan or his designated on scene representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 or operators of vessels intending to transit
or anchor near Dunes Acres, Michigan City, IN, within the safety zone.
[[Page 37828]]
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 two hours. Vessel traffic may enter or
transit through the safety zone with the permission of the Captain of
the Port Lake Michigan or his designated on scene representative.
Before the effective period, we will issue maritime advisories and
ensure they are widely available to users of Lake Michigan.
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. 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 Coast Guard Sector Lake Michigan
(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 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
government 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 would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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 concern 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 procedure; and related management
system 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 Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, 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
that 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, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. This event establishes a safety zone therefore paragraph
(34)(g) of the Instruction applies.
A final ``Environmental Analysis Check List'' and a final
``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, and 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; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. A new temporary Sec. 165.T09-072 is added to read as follows:
[[Page 37829]]
Sec. 165.T09-072 Safety Zone; Michigan City Independence Day
Fireworks, Dunes Acres, Michigan City, Indiana.
(a) Location. The following area is a safety zone: all water of
Lake Michigan within a 500-foot radius of the fireworks launching site
located in approximate position 41[deg]-39.24' N and 086[deg]-04.98' W.
(b) Effective period. This rule is effective from 9 p.m. (local) on
July 1, 2006 through 11 p.m. (local) on July 1, 2006.
(c) Regulations. In accordance with the general regulations in 33
CFR 165.23 of this part, entry into this zone is subject to the
following requirements:
(1) This safety zone is closed to all marine traffic, except as may
be permitted by the Captain of the Port or his duly appointed
representative.
(2) The ``designated 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 Lake Michigan to act on
his behalf. The designated on scene representative of the Captain of
the Port will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel.
(3) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port or his representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone shall comply with all directions given to
them by the Captain of the Port or his designated on scene representative.
(4) The Captain of the Port may be contacted by telephone via the
Sector Lake Michigan Operations Center at (414) 747-7182. Vessels
assisting in the enforcement of the safety zone may be contacted on
VHF-FM channel 16. Vessel operators may determine the restrictions in
effect for the safety zone by coming alongside a vessel patrolling the
perimeter of the safety zone.
(5) Coast Guard Sector Lake Michigan will issue a Marine Safety
Information Broadcast Notice to Mariners to notify the maritime
community of the safety zone and restriction imposed.
Dated: June 22, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. E6-10330 Filed 6-30-06; 8:45 am]
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