Safety Zone; Roostertail Fireworks, Detroit River, Detroit, MI, 33181-33184 [E7-11535]

Download as PDF 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 VerDate Aug<31>2005 15:14 Jun 14, 2007 Jkt 211001 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. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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 E:\FR\FM\15JNP1.SGM 15JNP1 33182 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: rmajette on PROD1PC64 with PROPOSALS 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 VerDate Aug<31>2005 15:14 Jun 14, 2007 Jkt 211001 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 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 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)– E:\FR\FM\15JNP1.SGM 15JNP1 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. rmajette on PROD1PC64 with PROPOSALS 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. VerDate Aug<31>2005 15:14 Jun 14, 2007 Jkt 211001 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. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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. E:\FR\FM\15JNP1.SGM 15JNP1 33184 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: VerDate Aug<31>2005 15:14 Jun 14, 2007 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 PO 00000 Frm 00019 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

[[Page 33182]]

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)-

[[Page 33183]]

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.

[[Page 33184]]

    (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