83 FR 25568 - Safety Zone; Freedom Festival Fireworks, Lake Erie, Luna Pier, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 107 (June 4, 2018)

Page Range		25568-25570
FR Document		2018-11912

The Coast Guard is establishing a temporary safety zone in the Captain of the Port Detroit Zone on Lake Erie, in the vicinity of Luna Pier, MI. This Zone is intended to restrict vessels from portions of the Lake Eire for the Freedom Festival Fireworks Display. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port Detroit, or his designated representative. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.

Federal Register, Volume 83 Issue 107 (Monday, June 4, 2018)

[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25568-25570]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11912]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0449]
RIN 1625-AA00


Safety Zone; Freedom Festival Fireworks, Lake Erie, Luna Pier, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Captain of the Port Detroit Zone on Lake Erie, in the vicinity of Luna 
Pier, MI. This Zone is intended to restrict vessels from portions of 
the Lake Eire for the Freedom Festival Fireworks Display. Persons and 
vessels are prohibited from entering into, transiting through, or 
anchoring within this safety zone unless authorized by the Captain of 
the Port Detroit, or his designated representative. This temporary 
safety zone is necessary to protect spectators and vessels from the 
hazards associated with fireworks displays.

DATES: This regulation is effective from 9 p.m. until 11 p.m. on June 
30, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-0449. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email MST1 Ryan Erpelding, Waterways 
Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 
418-6037, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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. The event sponsor notified the Coast Guard 
with insufficient time to accommodate the comment period. Thus, 
delaying the effective date of this rule to wait for the comment period 
to run would be impracticable and contrary to the public interest 
because it would prevent the Captain of the Port Detroit from keeping 
the public safe from the hazards associated with a maritime fireworks 
displays.
    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. Waiting for a 30-day effective 
period to run is impracticable and contrary to the public interest for 
the reasons discussed in the preceding paragraph.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazards associated with fireworks displays starting at 10 
p.m. on June 30, 2018 will be a safety concern for anyone within a 300 
yard radius of the launch site. The likely combination of recreational 
vessels, darkness punctuated by bright flashes of light, and fireworks 
debris falling into the water presents risks of collisions which could 
result in serious injuries or fatalities. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone during the fireworks display.

[[Page 25569]]

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 9 
p.m. until 11 p.m. on June 30, 2018. The safety zone will encompass all 
U.S. navigable waters of the Lake Erie within a 300 yard radius of the 
fireworks launch site located at position 41[deg]48'34.826'' N, 
083[deg]26'21.894'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters during the 
fireworks display. Entry into, transiting, or anchoring within the 
safety zone is prohibited unless authorized by the Captain of the Port, 
Sector Detroit or his designated representative. The Captain of the 
Port, Sector Detroit or his designated representative may be contacted 
via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it. As this rule is not a significant regulatory action, 
this rule is exempt from the requirements of Executive Order 13771. See 
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of 
the Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The majority of vessel 
traffic will be able to safely transit around the safety zone, which 
will impact only a portion of the Lake Erie in Luna Pier, MI for a 
short period time. Under certain conditions, moreover, vessels may 
still transit through the safety zone when permitted by the Captain of 
the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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. 
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on small entities. While 
some owners or operators of vessels intending to transit the safety 
zone may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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 (adjusted for 
inflation) 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.

F. 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 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting 120 minutes that will prohibit 
entry within a 300 yard radius from where a fireworks display will be

[[Page 25570]]

conducted. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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

0
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, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0449 to read as follows:


Sec.  165.T09-0449  Safety Zone; Freedom Festival Fireworks, Lake Erie, 
Luna Pier, MI.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of the Lake Erie within a 300 yard radius of the 
fireworks launch site located at position 41[deg]48'34.826'' N, 
83[deg]26'21.894'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (b) Enforcement period. This regulation will be enforced from 9 
p.m. until 11 p.m. on June 30, 2018. The Captain of the Port Detroit, 
or a designated representative may suspend enforcement of the safety 
zone at any time.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  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 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 
representative.
    (3) The ``designated representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant, or petty officer who 
has been designated by the Captain of the Port Detroit to act on his 
behalf. The designated representative of the Captain of the Port 
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The Captain of the Port Detroit or his designated 
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 designated 
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 Detroit or his designated representative.

    Dated: May 23, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-11912 Filed 6-1-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations 25569

IV. Discussion of the Rule Order 13771. See OMB’s Memorandum C. Collection of Information
This rule establishes a safety zone that titled ‘‘Interim Guidance Implementing This rule will not call for a new
will be enforced from 9 p.m. until 11 Section 2 of the Executive Order of collection of information under the
p.m. on June 30, 2018. The safety zone January 30, 2017 titled ‘Reducing Paperwork Reduction Act of 1995 (44
will encompass all U.S. navigable Regulation and Controlling Regulatory U.S.C. 3501–3520).
waters of the Lake Erie within a 300 Costs’ ’’ (February 2, 2017).
This regulatory action determination D. Federalism
yard radius of the fireworks launch site
located at position 41°48′34.826″ N, is based on the size, location, and A rule has implications for federalism
083°26′21.894″ W. All geographic duration of the safety zone. The majority under Executive Order 13132,
coordinates are North American Datum of vessel traffic will be able to safely Federalism, if it has a substantial direct
of 1983 (NAD 83). transit around the safety zone, which effect on the States, on the relationship
The duration of the zone is intended will impact only a portion of the Lake between the national government and
to protect personnel, vessels, and the Erie in Luna Pier, MI for a short period the States, or on the distribution of
marine environment in these navigable time. Under certain conditions, power and responsibilities among the
waters during the fireworks display. moreover, vessels may still transit various levels of government. We have
Entry into, transiting, or anchoring through the safety zone when permitted analyzed this rule under that Order and
within the safety zone is prohibited by the Captain of the Port. have determined that it is consistent
unless authorized by the Captain of the with the fundamental federalism
B. Impact on Small Entities principles and preemption requirements
Port, Sector Detroit or his designated
representative. The Captain of the Port, The Regulatory Flexibility Act of 1980 described in Executive Order 13132.
(RFA), 5 U.S.C. 601–612, as amended, Also, this rule does not have tribal
Sector Detroit or his designated
requires federal agencies to consider the implications under Executive Order
representative may be contacted via
potential impact of regulations on small 13175, Consultation and Coordination
VHF Channel 16.
entities during rulemaking. The Coast with Indian Tribal Governments,
V. Regulatory Analyses Guard certifies under 5 U.S.C. 605(b) because it does not have a substantial
that this rule will not have a significant direct effect on one or more Indian
We developed this rule after
economic impact on a substantial tribes, on the relationship between the
considering numerous statutes and
number of small entities. Under the Federal Government and Indian tribes,
executive orders related to rulemaking.
Regulatory Flexibility Act (5 U.S.C. or on the distribution of power and
Below we summarize our analyses
601–612), we have considered the responsibilities between the Federal
based on a number of these statutes and
impact of this temporary rule on small Government and Indian tribes. If you
Executive orders, and we discuss First
entities. While some owners or believe this rule has implications for
Amendment rights of protestors.
operators of vessels intending to transit federalism or Indian tribes, please
A. Regulatory Planning and Review the safety zone may be small entities, for contact the person listed in the FOR
the reasons stated in section V.A above, FURTHER INFORMATION CONTACT section
Executive Orders 12866 (‘‘Regulatory
this rule will not have a significant above.
Planning and Review’’) and 13563
(‘‘Improving Regulation and Regulatory economic impact on any vessel owner E. Unfunded Mandates Reform Act
Review’’) direct agencies to assess the or operator.
The Unfunded Mandates Reform Act
costs and benefits of available regulatory Under section 213(a) of the Small of 1995 (2 U.S.C. 1531–1538) requires
alternatives and, if regulation is Business Regulatory Enforcement Federal agencies to assess the effects of
necessary, to select regulatory Fairness Act of 1996 (Pub. L. 104–121), their discretionary regulatory actions. In
approaches that maximize net benefits we want to assist small entities in particular, the Act addresses actions
including potential economic, understanding this rule. If the rule that may result in the expenditure by a
environmental, public health and safety would affect your small business, State, local, or tribal government, in the
effects, distributive impacts, and equity. organization, or governmental aggregate, or by the private sector of
Executive Order 13563 emphasizes the jurisdiction and you have questions $100,000,000 (adjusted for inflation) or
importance of quantifying both costs concerning its provisions or options for more in any one year. Though this rule
and benefits, of reducing costs, of compliance, please contact the person will not result in such an expenditure,
harmonizing rules, and of promoting listed in the FOR FURTHER INFORMATION we do discuss the effects of this rule
flexibility. Executive Order 13771 CONTACT section. elsewhere in this preamble.
(‘‘Reducing Regulation and Controlling Small businesses may send comments
Regulatory Costs’’), directs agencies to on the actions of Federal employees F. Environment
reduce regulation and control regulatory who enforce, or otherwise determine We have analyzed this rule under
costs and provides that ‘‘for every one compliance with, Federal regulations to Department of Homeland Security
new regulation issued, at least two prior the Small Business and Agriculture Management Directive 023–01 and
regulations be identified for elimination, Regulatory Enforcement Ombudsman Commandant Instruction M16475.lD,
and that the cost of planned regulations and the Regional Small Business which guide the Coast Guard in
be prudently managed and controlled Regulatory Fairness Boards. The complying with the National
through a budgeting process.’’ Ombudsman evaluates these actions Environmental Policy Act of 1969 (42
The Office of Management and Budget annually and rates each agency’s U.S.C. 4321–4370f), and have
(OMB) has not designated this rule a responsiveness to small business. If you determined that this action is one of a
sradovich on DSK3GMQ082PROD with RULES

significant regulatory action under wish to comment on actions by category of actions that do not
section 3(f) of Executive Order 12866. employees of the Coast Guard, call 1– individually or cumulatively have a
Accordingly, the Office of Management 888–REG–FAIR (1–888–734–3247). The significant effect on the human
and Budget (OMB) has not reviewed it. Coast Guard will not retaliate against environment. This rule involves a safety
As this rule is not a significant small entities that question or complain zone lasting 120 minutes that will
regulatory action, this rule is exempt about this rule or any policy or action prohibit entry within a 300 yard radius
from the requirements of Executive of the Coast Guard. from where a fireworks display will be

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Document Created: 2018-06-02 00:47:52
Document Modified: 2018-06-02 00:47:52

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This regulation is effective from 9 p.m. until 11 p.m. on June 30, 2018.
Contact		If you have questions on this temporary rule, call or email MST1 Ryan Erpelding, Waterways Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 418-6037, email [email protected]
FR Citation		83 FR 25568
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 25568 - Safety Zone; Freedom Festival Fireworks, Lake Erie, Luna Pier, MI

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 107 (June 4, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard