Safety Zone; Roostertail Fireworks, Detroit River, Detroit, MI, 33181-33184 [E7-11535]
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules
(a) The Office of the Secretary of
Defense (OSD), the Military
Departments, the Chairman of the Joint
Chiefs of Staff, the Combatant
Commands, the Office of the Inspector
General of the Department of Defense,
the Defense Agencies, the DoD Field
Activities, and all other organizational
entities in the Department of Defense
(hereafter referred to collectively as the
‘‘DoD Components’’).
(b) National Security Agency/Central
Security Service records, unless the
records are exempt according to 50
U.S.C. 402.
(c) Defense Intelligence Agency,
National Reconnaissance Office, and
National Geospatial-Intelligence Agency
records, unless the records are exempt
according to 50 U.S.C. 403–5e, 10 U.S.C.
424 and 455, or other applicable law.
§ 295.3
Policy.
rmajette on PROD1PC64 with PROPOSALS
It is DoD policy to:
(a) Promote public trust by making the
maximum amount of information
available to the public, in both hard
copy and electronic formats, on the
operation and activities of the
Department of Defense, consistent with
the DoD responsibility to protect
national security and other sensitive
DoD information.
(b) Allow a requester to obtain records
from the Department of Defense that are
available through other public
information services without invoking
the FOIA.
(c) Make available, according to the
procedures established by 5 U.S.C. 552,
DoD records requested by a member of
the public who explicitly or implicitly
cites the FOIA.
(d) Answer promptly all other
requests for DoD information and
records under established procedures
and practices.
(e) Release DoD records to the public
unless those records are exempt from
disclosure as outlined in 5 U.S.C. 552.
(f) Process requests by individuals for
access to records themselves contained
in a Privacy Act system of records
according to the procedures set forth in
32 CFR part 310 and this part, as
amplified by 32 CFR part 286.
(g) Provide FOIA requesters with
citizen-centered ways to learn about the
FOIA process, about DoD records that
are publicly available, and about the
status of a FOIA request and appropriate
information about the DoD response.
§ 285.4
Responsibilities.
(a) The Director, Administration and
Management (DA&M), shall:
(1) Serve as the DoD Chief FOIA
Officer in accordance with E.O. 13392.
(2) Direct and oversee the DoD FOIA
Program to ensure compliance with the
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policies and procedures that govern
administration of the program.
(3) Designate the FOIA Public
Liaisons for the Department of Defense
in accordance with E.O. 13392. The
FOIA Public Liaison for OSD, the
Chairman of the Joint Chiefs of Staff,
and the Combatant Commands shall be
appointed from the Defense Freedom of
Information Policy Office (DFOIPO).
(4) Prepare and submit to the Attorney
General the DoD Annual Freedom of
Information Act Report as required by 5
U.S.C., and other reports as required by
E.O. 13392.
(5) Serve as the appellate authority for
appeals to the decisions of the
respective Initial Denial Authorities
within OSD, the Chairman of the Joint
Chiefs of Staff, the DoD Field Activities
(listed in 32 CFR part 286), and the
Combatant Commands. The DA&M or
Washington Headquarters Services
(WHS) staff.
(6) Prepare and maintain a DoD
issuance and other discretionary
information to ensure timely and
reasonably uniform implementation of
the FOIA in the Department of Defense.
(b) The Director, WHS, under the
authority, direction, and control of the
DA&M, shall administer the FOIA
Program, inclusive of training, for OSD
and the Chairman of the Joint Chiefs of
Staff.
(c) The General Counsel of the
Department of Defense shall:
(1) Provide uniformity in the legal
interpretation of this part.
(2) Ensure affected OSD legal
advisors, public affairs officers, and
legislative affairs officers are aware of
releases through litigation channels that
may be of significant public, media, or
Congressional interest, or of interest to
senior DoD officials.
(3) Establish procedures to centralize
processing of FOIA litigation documents
when deemed necessary.
(d) The Under Secretary of Defense for
Intelligence shall establish uniform
procedures regarding the
declassification of national security
information made pursuant to requests
invoking the FOIA.
(e) The Heads of the DoD Components
shall:
(1) Internally administer the DoD
FOIA Program; publish any instructions
necessary for the administration of this
part within their Components that are
not prescribed by this part or by other
DA&M issuances in the Federal
Register.
(2) Serve as, or appoint another
Component official as, the FOIA
appellate authority for the Component.
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33181
(3) Establish one or more FOIA
Requester Service Centers as prescribed
by E.O. 13392.
(4) Submit names of personnel to the
DA&M for designation as FOIA Public
Liaisons.
(5) Ensure their respective chains of
command, affected legal advisors,
public affairs officers, and legislative
affairs officers are aware of releases
through the FOIA, inclusive of releases
through litigation channels, that may be
of significant public, media, or
Congressional interest, or of interest to
senior DoD officials.
(6) Conduct training on the provisions
of this part, 5 U.S.C. 552, and 32 CFR
part 286 for officials and employees
who implement the FOIA.
(7) Submit to DFOIPO inputs to the
DoD FOIA Annual Report prescribed in
32 CFR part 286 and E.O. 13392.
(8) Make records specified in 5 U.S.C.
552(a)(2), unless such records are
published and copies are offered for
sale, available for public inspection and
copying in an appropriate facility or
facilities, according to rules published
in the Federal Register. These records
shall be made availale to the public in
both hard copy and electronic formats.
(9) Maintain and make current indices
of all records available for public
inspection and copying, a required by 5
U.S.C. 552(a)(2).
§ 285.5
Information requirement.
The reporting requirements of 32 CFR
part 286 have been assigned Report
Control Symbol D–DA&M(A)1365 in
accordance with DoD 8910.1–M.
Dated: June 11, 2007
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, DoD.
[FR Doc. 07–2950 Filed 6–14–07; 8:45 am]
BILLING CODE 5401–06–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–07–031]
RIN 1625–AA00
Safety Zone; Roostertail Fireworks,
Detroit River, Detroit, MI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes
establishing a temporary safety zone on
the Detroit River, Detroit, Michigan.
This Zone is intended to restrict vessels
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules
from portions of the Detroit River during
the Roostertail Fireworks display. This
temporary safety zone is necessary to
protect spectators and vessels from the
hazards associated with fireworks
displays.
DATES: Comments and related material
must reach the Coast Guard on or before
July 2, 2007.
ADDRESSES: You may mail comments
and related material to U.S. Coast Guard
Sector Detroit, 110 Mt. Elliot Ave.,
Detroit, MI 48207. U.S. Coast Guard
Sector Detroit maintains the public
docket for this rulemaking. Comments
and material received from the public,
as well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at U.S. Coast Guard Sector
Detroit, 110 Mt. Elliot Ave., Detroit, MI
48207 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT
Jeff Ahlgren, Waterways Management,
U.S. Coast Guard Sector Detroit, 110
Mount Elliot Ave., Detroit, MI 48207;
(313) 568–9580.
SUPPLEMENTARY INFORMATION:
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Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD09–07–031),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to U.S. Coast
Guard Sector Detroit at the address
under ADDRESSES explaining why one
would be beneficial. If we determine
that one would aid this rulemaking, we
will hold one at a time and place
announced by a later notice in the
Federal Register.
Background and Purpose
This temporary safety zone is
necessary to ensure the safety of vessels
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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 Detroit 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.
Discussion of Proposed 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 Roostertail
Fireworks display. The fireworks
display will occur between 9 p.m. and
11 p.m. on July 21, 2007.
The safety zone for the July 21, 2007
fireworks will encompass all waters
south and west of the Roostertail
Restaurant on the North shore of the
Detroit River within a 300 foot radius of
the fireworks barge located at 42–
21′16.67″ N; 082–58′20.41″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated onscene representative. Entry into,
transiting, or anchoring within the
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 proposed 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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
This determination is based on the
minimal time that vessels will be
restricted from the zone and the zone is
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an area where the Coast Guard expects
insignificant adverse impact to mariners
from the zones’ activation.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed 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 may
be small entities: The owners or
operators of vessels intending to transit
or anchor in a portion of the Detroit
River between Detroit and Belle Isle
near the Roostertail Restaurant between
9 p.m. and 11 p.m. on July 21, 2007.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
in effect for only 2 hours. Vessel traffic
can pass safely around the safety zone.
In the event that this temporary safety
zone affects shipping, commercial
vessels may request permission from the
Captain of the Port Detroit to transit
through the safety zone. The Coast
Guard will give notice to the public via
a Broadcast Notice to Mariners that the
regulation is in effect.
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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
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 LT Jeff
Ahlgren, Waterways Management, U.S.
Coast Guard Sector Detroit, 110 Mount
Elliot Ave., Detroit, MI 48207; (313)–
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules
568–9580. 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.
Collection of Information
This proposed rule would call 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 governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed 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 proposed rule would not
result in such expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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.
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Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty
rights of Native American Tribes.
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Moreover, the Coast Guard is committed
to working with Tribal Governments to
implement local policies and to mitigate
tribal concerns. We have determined
that this safety zone and fishing rights
protection need not be incompatible.
We have also determined that this
Proposed 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.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this Proposed Rule or options for
compliance are encouraged to contact
the point of contact listed under FOR
FURTHER INFORMATION CONTACT.
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. 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
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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33183
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment. Draft documentation
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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 proposes to
amend 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, 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. Add § 165.T09–031 to read as
follows:
§ 165.T09–031 Safety Zone; Roostertail
Fireworks, Detroit River, Detroit, MI.
(a) Location. The following area is a
temporary safety zone: All waters south
and west of the Roostertail Restaurant
on the North shore of the Detroit River
within a three hundred foot radius of
the fireworks barge located at 42–
21′16.67″ N; 082–58′20.41″ W. (NAD
83).
(b) Effective period. This regulation is
effective from 9 p.m. until 11 p.m. on
July 21, 2007.
(c) Regulations. (1) In accordance with
the general regulations in section 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 on-scene 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 on-scene
representative.
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules
(3) 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 to
act on his behalf. The designated onscene representative of the Captain of
the Port will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Captain of the Port or his
designated on-scene 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 on-scene
representative to obtain permission to
do so. 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 or his
designated on-scene representative.
Dated: May 24, 2007.
P.W. Brennan,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. E7–11535 Filed 6–14–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–06–016]
RIN 1625–AA00
Safety Zone; Marine City Maritime
Festival Fireworks, St. Clair River,
Marine City, MI
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Coast Guard proposes
establishing a temporary safety zone on
the St. Clair River, Marine City,
Michigan. This zone is intended to
restrict vessels from portions of the St.
Clair River during the Marine City
Maritime Festival Fireworks Display.
This temporary safety zone is necessary
to protect spectators and vessels from
the hazards associated with fireworks
displays.
Comments and related material
must reach the Coast Guard on or before
July 16, 2007.
ADDRESSES: You may mail comments
and related material to U.S. Coast Guard
Sector Detroit, 110 Mt. Elliot Ave.,
Detroit, MI 48207. U.S. Coast Guard
Sector Detroit maintains the public
docket for this rulemaking. Comments
and material received from the public,
rmajette on PROD1PC64 with PROPOSALS
DATES:
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Jkt 211001
as well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at U.S. Coast Guard Sector
Detroit, 110 Mt. Elliot Ave., Detroit, MI
48207 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT
Jeff Ahlgren, Waterways Management,
U.S. Coast Guard Sector Detroit, 110 Mt.
Elliot Ave., Detroit, MI 48207; (313)
568–9580.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD09–06–016),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to U.S. Coast
Guard Sector Detroit at the address
under ADDRESSES explaining why one
would be beneficial. If we determine
that one would aid this rulemaking, we
will hold one at a time and place
announced by a later notice in the
Federal Register.
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 Detroit 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
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Fmt 4702
Sfmt 4702
platform will help ensure the safety of
persons and property at these events
and help minimize the associated risks.
Discussion of Proposed 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 Marine City
Maritime Festival Fireworks display.
The fireworks display will occur
between 9:30 p.m. (local) and 11:30 p.m.
(local), September 22, 2007. If this event
does not take place at the scheduled
time and date due to adverse weather,
the fireworks display will occur
between 9:30 p.m. (local) and 11:30
p.m., September 23, 2007.
The safety zone for the fireworks will
encompass all waters of the St. Clair
River enclosed by a line connecting the
following points: 42–42–51.5N/082–29–
13.97W; 42–43–07.55N/082–29–
08.12W; 42–43–04.93N/082–28–
54.11W; 42–42–48.58N/082–29–
00.81W. This safety zone is located in
the St. Clair River, east of the lighthouse
in Marine City, MI, near the center of
the river. All geographic coordinates are
North American Datum of 1983 (NAD
83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated onscene representative. Entry into,
transiting, or anchoring within the
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 on-scene representative may be
contacted via VHF Channel 16.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
This determination is based on the
minimal time that vessels will be
restricted from the zone and the zone is
an area where the Coast Guard expects
insignificant adverse impact to mariners
from the zones’ activation.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
E:\FR\FM\15JNP1.SGM
15JNP1
]]>Agencies
[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Proposed Rules]
[Pages 33181-33184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11535]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-07-031]
RIN 1625-AA00
Safety Zone; Roostertail Fireworks, Detroit River, Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes establishing a temporary safety zone
on the Detroit River, Detroit, Michigan. This Zone is intended to
restrict vessels
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from portions of the Detroit River during the Roostertail Fireworks
display. This temporary safety zone is necessary to protect spectators
and vessels from the hazards associated with fireworks displays.
DATES: Comments and related material must reach the Coast Guard on or
before July 2, 2007.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Sector Detroit, 110 Mt. Elliot Ave., Detroit, MI 48207. U.S.
Coast Guard Sector Detroit maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at U.S. Coast Guard Sector Detroit, 110 Mt. Elliot Ave.,
Detroit, MI 48207 between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Jeff Ahlgren, Waterways Management,
U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave., Detroit, MI
48207; (313) 568-9580.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD09-07-
031), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to U.S. Coast Guard Sector Detroit at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
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 Detroit 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.
Discussion of Proposed 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 Roostertail Fireworks
display. The fireworks display will occur between 9 p.m. and 11 p.m. on
July 21, 2007.
The safety zone for the July 21, 2007 fireworks will encompass all
waters south and west of the Roostertail Restaurant on the North shore
of the Detroit River within a 300 foot radius of the fireworks barge
located at 42-21'16.67'' N; 082-58'20.41'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transiting, or anchoring within the 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 proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is an area where the Coast
Guard expects insignificant adverse impact to mariners from the zones'
activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
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 may be small entities: The owners or operators of vessels
intending to transit or anchor in a portion of the Detroit River
between Detroit and Belle Isle near the Roostertail Restaurant between
9 p.m. and 11 p.m. on July 21, 2007.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only 2 hours. Vessel traffic can pass safely
around the safety zone. In the event that this temporary safety zone
affects shipping, commercial vessels may request permission from the
Captain of the Port Detroit to transit through the safety zone. The
Coast Guard will give notice to the public via a Broadcast Notice to
Mariners that the regulation is in effect.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 LT Jeff Ahlgren, Waterways
Management, U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave.,
Detroit, MI 48207; (313)-
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568-9580. 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.
Collection of Information
This proposed rule would call 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
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed 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 proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that this safety zone and fishing rights
protection need not be incompatible. We have also determined that this
Proposed 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. Nevertheless, Indian
Tribes that have questions concerning the provisions of this Proposed
Rule or options for compliance are encouraged to contact the point of
contact listed under FOR FURTHER INFORMATION CONTACT.
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. 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 procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is not likely to
have a significant effect on the human environment. Draft documentation
supporting this preliminary determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
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 proposes
to amend 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, 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. Add Sec. 165.T09-031 to read as follows:
Sec. 165.T09-031 Safety Zone; Roostertail Fireworks, Detroit River,
Detroit, MI.
(a) Location. The following area is a temporary safety zone: All
waters south and west of the Roostertail Restaurant on the North shore
of the Detroit River within a three hundred foot radius of the
fireworks barge located at 42-21'16.67'' N; 082-58'20.41'' W. (NAD 83).
(b) Effective period. This regulation is effective from 9 p.m.
until 11 p.m. on July 21, 2007.
(c) Regulations. (1) In accordance with the general regulations in
section 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 on-scene 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 on-
scene representative.
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(3) 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 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. The
Captain of the Port or his designated on-scene 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
on-scene representative to obtain permission to do so. 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 or his
designated on-scene representative.
Dated: May 24, 2007.
P.W. Brennan,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E7-11535 Filed 6-14-07; 8:45 am]
BILLING CODE 4910-15-P
