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34537
Federal Register
/Vol. 68, No. 111/Tuesday, June 10, 2003/Rules and Regulations
effects of this rule elsewhere in thispreamble.
Taking of Private Property
This rule would not effect a taking of private property or otherwise havetaking implications under ExecutiveOrder 12630, Governmental Actions andInterference with ConstitutionallyProtected Property Rights.
Civil Justice Reform
This rule meets applicable standardsin sections 3(a) and 3(b) (2) of ExecutiveOrder 12988, Civil Justice Reform, tominimize litigation, eliminateambiguity, and reduce burden.
Protection of Children
The Coast Guard has analyzed thisrule under Executive Order 13045,Protection of Children fromEnvironmental Health Risks and SafetyRisks. This rule is not an economicallysignificant rule and does not concern anenvironmental risk to health or risk tosafety that may disproportionately affectchildren.
Environment
We have considered theenvironmental impact of this rule andconcluded that, under figure 2
–
1 of Commandant Instruction M16475.1D,this rule is categorically excluded fromfurther environmental documentation.A written categorical exclusiondetermination is available in the docketfor inspection or copying whereindicated under
ADDRESSES
.
Indian Tribal Governments
This rule does not have tribalimplications under Executive Order13175, Consultation and Coordinationwith Indian Tribal Governments, because it does not have a substantialdirect effect on one or more Indiantribes, on the relationship between theFederal Government and Indian tribes,or on the distribution of power andresponsibilities between the FederalGovernment and Indian tribes.
Energy Effects
We have analyzed this rule underExecutive Order 13211, ActionsConcerning Regulations ThatSignificantly Affect Energy Supply,Distribution, or Use. We havedetermined that it is not a
‘‘
significantenergy action
’’
under that Order becauseit is not a
‘‘
significant regulatory action
’’
 under Executive Order 12866 and is notlikely to have a significant adverse effecton the supply, distribution, or use of energy. It has not been designated by theAdministrator of the Office of Information and Regulatory Affairs as asignificant energy action. Therefore, itdoes not require a Statement of EnergyEffects under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation(water), Reporting and recordkeepingrequirements, Security measures,Waterways.
s
For the reasons discussed in thepreamble, the Coast Guard amends 33CFR part 165 as follows:
PART 165
 —
REGULATED NAVIGATIONAREAS AND LIMITED ACCESS AREAS
s
1. The authority citation for part 165continues 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 DelegationNo. 0170.
s
2. A new temporary
§
165.T09
–
217 isadded to read as follows:
§
165.T09
 –
217Safety Zone; Lake St. Clair,Grosse Pointe Shores, MI.
(a)
Location.
The safety zone willencompass all waters of Lake St. Clairsurrounding the fireworks launchplatform bounded by the arc of a circlewith a 300-yard radius with its center inapproximate position 42
°
26
′
4
″ 
N, 082
°
 52
′
1
″ 
W (approximately 500
′
off shore of 930 Lake Shore Drive, Grosse PointShores, MI ). The geographiccoordinates are based upon NorthAmerican Datum 1983 (NAD 83).(b)
Effective time and date.
Thissection is effective from 8 p.m. (localtime) until 11 p.m. (local time) on June14, 2003. The designated on-scenePatrol Commander may be contacted viaVHF Channel 16.(c)
Regulations.
In accordance withthe general regulations in
§
165.23 of this part, entry into this safety zone isprohibited unless authorized by theCoast Guard Captain of the Port Detroit,or his designated on-scenerepresentative.
Dated: May 27, 2003.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 03
–
14435 Filed 6
–
9
–
03; 8:45 am]
BILLING CODE 4910
 –
15
 –
P
DEPARTMENT OF HOMELANDSECURITYCoast Guard33 CFR PART 165CGD09
 –
03
 –
216
RIN 1625
 –
AA00
Safety Zone; Detroit River, Detroit, MI
AGENCY
:
Coast Guard, DHS.
ACTION
:
Temporary final rule.
SUMMARY
:
The Coast Guard isestablishing a temporary safety zone forthe International Freedom FestivalFireworks display on June 25, 2003.This safety zone is necessary to controlvessel traffic within the immediatelocation of the fireworks launch site andto ensure the safety of life and propertyduring the event. This safety zone isintended to restrict vessel traffic from aportion of the Detroit River.
DATES
:
This temporary final rule iseffective from 5 p.m. until 12 a.m. on June 25, 2003.
ADDRESSES
:
Comments and materialreceived from the public, as well asdocuments indicated in this preamble as being available in the docket, are part of docket [CGD09
–
03
–
216] and areavailable for inspection or copying at:U.S. Coast Guard Marine Safety OfficeDetroit, 110 Mt. Elliott Ave., Detroit, MI48207, between 8 a.m. and 4 p.m.,Monday through Friday, except Federalholidays.
FOR FURTHER INFORMATION CONTACT
:
 LTJG Brandon Sullivan, U.S. CoastGuard Marine Safety Office Detroit, at(313) 568
–
9558.
SUPPLEMENTARY INFORMATION
:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for thisregulation. Under 5 U.S.C. 553(b)(B) andunder 5 U.S.C. 553(d)(3), the CoastGuard finds that good cause exists fornot publishing an NPRM and for makingthis rule effective less than 30 days afterpublication in the
Federal Register.
Thepermit application was not received intime to publish an NPRM followed bya final rule before the effective date.Delaying this rule would be contrary tothe public interest of ensuring the safetyof spectators and vessels during thisevent and immediate action is necessaryto prevent possible loss of life orproperty. The Coast Guard has notreceived any complaints or negativecomments previously with regard to thisevent.
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34538
Federal Register
/Vol. 68, No. 111/Tuesday, June 10, 2003/Rules and Regulations
Background and Purpose
Temporary safety zones are necessaryto ensure the safety of vessels andspectators from the hazards associatedwith fireworks displays. Based onaccidents that have occurred in otherCaptain of the Port zones, and theexplosive hazard of fireworks, theCaptain of the Port Detroit hasdetermined fireworks launches in closeproximity to watercraft pose significantrisks to public safety and property. Thelikely combination of large numbers of recreational vessels, congestedwaterways, darkness punctuated by bright flashes of light, alcohol use, anddebris falling into the water could easilyresult in serious injuries or fatalities.Establishing a safety zone to controlvessel movement around the locationsof the launch platforms will help ensurethe safety of persons and property atthese events and help minimize theassociated risk.The safety zone will encompass theportion of the Detroit River bounded onthe South by the InternationalBoundary, on the West by 83
°
03
′
30
″ 
W,on the North by the City of Detroitshoreline and on the East by 083
°
01
′
W.These geographic coordinates are basedupon North American Datum 1983(NAD 83). The size of this zone wasdetermined using the National FirePrevention Association guidelines andlocal knowledge concerning wind,waves, and currents.All persons and vessels shall complywith the instructions of the Coast GuardCaptain of the Port or his designated on-scene patrol representative. Thedesignated on-scene patrolrepresentative will be the patrolcommander. Entry into, transiting, oranchoring within this safety zone isprohibited unless authorized by theCaptain of the Port Detroit or hisdesignated on-scene representative. TheCaptain of the Port or his designated on-scene representative may be contactedvia VHF Channel 16.
Regulatory Evaluation
This rule is not a
‘‘
significantregulatory action
’’
under section 3(f) of Executive Order 12866 and does notrequire an assessment of potential costsand benefits under section 6(a)(3) of thatOrder. The Office of Management andBudget has not reviewed this rule underthat order. It is not
‘‘
significant
’’
underthe regulatory policies and proceduresof the Department of Transportation(DOT) (44 FR 11040, February 26, 1979).We expect the economic impact of thisrule to be so minimal that a fullRegulatory Evaluation under paragraph10(e) of the regulatory policies andprocedures of DOT is unnecessary.This determination is based on theminimal time that vessels will berestricted from the zone, and thereforeminor if any impacts to Mariners.
Small Entities
Under the Regulatory Flexibility Act(5 U.S.C. 601
–
612), we consideredwhether this rule would have asignificant impact on a substantialnumber of small entities. The term
‘‘
small entities
’’
comprises small businesses, not-for-profit organizationsthat are independently owned andoperated and are not dominant in theirfields, and governmental jurisdictionswith populations of less than 50,000.The Coast Guard certifies under 5U.S.C. 605(b) that this rule would nothave a significant economic impact ona substantial number of small entities.This rule would affect the followingentities, some of which might be smallentities: The owners or operators of commercial vessels intending to transitor anchor in the activated safety zone.This safety zone will not have asignificant economic impact on asubstantial number of small entities forthe following reason: This safety zone isonly in effect from 5 p.m. until 12midnight on the day of the event.If you think that your business,organization, or governmentaljurisdiction qualifies as a small entityand that this rule would have asignificant economic impact on it,please submit a comment (
see
 
ADDRESSES
) explaining why you think itqualifies and how and to what degreethis rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the SmallBusiness Regulatory EnforcementFairness Act of 1996 (Pub. L. 104
–
121),we want to assist small entities inunderstanding this rule so that they can better evaluate its effects and participatein the rulemaking process. If the rulewould affect your small business,organization, or governmentaljurisdiction and you have questionsconcerning its provisions or options forcompliance, please contact MarineSafety Office Detroit (
see
ADDRESSES
.)Small businesses may send commentson the actions of Federal employeeswho enforce, or otherwise determinecompliance with, Federal regulations tothe Small Business and AgricultureRegulatory Enforcement Ombudsmanand the Regional Small BusinessRegulatory Fairness Boards. TheOmbudsman evaluates these actionsannually and rates each agency
’
sresponsiveness to small business. If youwish to comment on actions byemployees of the Coast Guard, call 1
–
888
–
REG
–
FAIR (1
–
888
–
734
–
3247).
Collection of Information
This rule would call for no newcollection of information under thePaperwork Reduction Act of 1995 (44U.S.C. 3501
–
3520).
Federalism
We have analyzed this rule underExecutive Order 13132 and havedetermined that this rule does not haveimplications for federalism under thatOrder.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Actof 1995 (2 U.S.C. 1531
–
1538) requiresFederal agencies to assess the effects of their discretionary regulatory actions. Inparticular, the Act addresses actionsthat may result in the expenditure by aState, local, or tribal government, in theaggregate, or by the private sector of $100,000,000 or more in any one year.Though this rule would not result insuch an expenditure, we do discuss theeffects of this rule elsewhere in thispreamble.
Taking of Private Property
This rule would not effect a taking of private property or otherwise havetaking implications under ExecutiveOrder 12630, Governmental Actions andInterference with ConstitutionallyProtected Property Rights.
Civil Justice Reform
This rule meets applicable standardsin sections 3(a) and 3(b) (2) of ExecutiveOrder 12988, Civil Justice Reform, tominimize litigation, eliminateambiguity, and reduce burden.
Protection of Children
The Coast Guard has analyzed thisrule under Executive Order 13045,Protection of Children fromEnvironmental Health Risks and SafetyRisks. This rule is not an economicallysignificant rule and does not concern anenvironmental risk to health or risk tosafety that may disproportionately affectchildren.
Environment
We have considered theenvironmental impact of this rule andconcluded that, under figure 2
–
1 of Commandant Instruction M16475.1D,this rule is categorically excluded fromfurther environmental documentation.A written categorical exclusiondetermination is available in the docketfor inspection or copying whereindicated under
ADDRESSES
.
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