Safety Zone; Roostertail Fireworks, Detroit River, Detroit, MI, 22209-22211 [2025-09137]
Download as PDF
Federal Register / Vol. 90, No. 100 / Tuesday, May 27, 2025 / Rules and Regulations
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
khammond on DSK9W7S144PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting approximately 1 hour that
will prohibit entry within 300 yards of
a fireworks barge. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
VerDate Sep<11>2014
15:42 May 23, 2025
Jkt 265001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
Coast Guard
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
22209
33 CFR Part 165
[Docket Number USCG–2025–0390]
RIN 1625–AA00
■
2. Add § 165.T05–0184 to read as
follows:
Safety Zone; Roostertail Fireworks,
Detroit River, Detroit, MI
§ 165.T05–0184 Safety Zone; Fireworks
Display, Delaware River, Philadelphia, PA.
AGENCY:
(a) Location. All navigable waters
within 300 yards of a barge in the
Delaware River located at approximate
position latitude 40°2′22″ N longitude
074°59′22.67″ W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port (COTP), Sector Delaware Bay
in the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or 215–271–4807. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) No vessel may take on bunkers or
conduct lightering operations within the
safety zone during its enforcement
period.
(4) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This zone
will be enforced from approximately 9
p.m. through 10 p.m. on July 4, 2025, or
a rain date of July 5, 2025.
Dated: May 14, 2025.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Delaware Bay.
[FR Doc. 2025–09192 Filed 5–23–25; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
navigable waters in the Detroit River in
Detroit, MI. The safety zone is necessary
and intended to protect personnel,
vessels, and the marine environment
from potential hazards associated with
the fireworks displays. Entry of vessels
or persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Detroit, or his
designated representative.
DATES: This rule is effective from 9 p.m.
through 11 p.m. on June 28, 2025.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2025–
0390 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email If you have questions on this
rule, call or email Tracy Girard,
Waterways Department, Sector Detroit,
Coast Guard; telephone (313) 568–9564,
email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under the authority in 5
U.S.C. 553(b)(B). This statutory
provision authorizes an agency to issue
a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
E:\FR\FM\27MYR1.SGM
27MYR1
22210
Federal Register / Vol. 90, No. 100 / Tuesday, May 27, 2025 / Rules and Regulations
with respect to this rule because the
event sponsor did not notify the Coast
Guard with sufficient time to publish an
NPRM and immediate action is
necessary to protect personnel, vessels,
and the marine environment in the
Detroit River. It is impracticable and
contrary to the public interest to publish
a NPRM because we must establish this
safety zone by June 28, 2025.
Also, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
delaying the effective date of this rule
would be impracticable because
immediate action is needed to respond
to the potential safety hazards
associated with a fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Detroit (COTP) has
determined that potential hazards
associated with fireworks displays will
be a safety concern for anyone within a
200-yard radius of the launch site. The
likely combination of recreational
vessels, darkness punctuated by bright
flashes of light, and fireworks debris
falling into the water presents risks of
collisions which could result in serious
injuries or fatalities. This rule is
necessary to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
during the fireworks display.
IV. Discussion of the Rule
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This rule establishes a safety zone
from 9 p.m. through 11 p.m. on June 28,
2025. The safety zone will encompass
all U.S. navigable waters of the Detroit
River within a 200-yard radius of the
fireworks launch site located near the
public launch site, in Detroit, MI. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters during the fireworks display.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Detroit or his designated
representative. The Captain of the Port
Detroit or his designated representative
may be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders.
VerDate Sep<11>2014
15:42 May 23, 2025
Jkt 265001
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866.
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, location, and
duration of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone which would
impact a small, designated area of the
Detroit River 2 hours during the evening
when vessel traffic is normally low.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM Marine Channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule will
affect your small business, organization,
or governmental jurisdiction and you
have questions concerning its
provisions or options for compliance,
please call or email the person listed in
the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
E:\FR\FM\27MYR1.SGM
27MYR1
Federal Register / Vol. 90, No. 100 / Tuesday, May 27, 2025 / Rules and Regulations
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting only 2 hours that will
prohibit entry within 200-yard radius of
where the fireworks display will be
conducted. It is categorically excluded
from further review under paragraph
L60(a)60 of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
RIN 0920–AA86
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T09–0390 to read as
follows:
■
khammond on DSK9W7S144PROD with RULES
World Trade Center (WTC) Health
Program; Expanded Eligibility for
Pentagon and Shanksville,
Pennsylvania Responders
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Final rule.
AGENCY:
§ 165.T09–0390 Safety Zone; Roostertail
Fireworks, Detroit River; Detroit, MI.
(a) Location. The following area is a
temporary safety zone: all U.S.
navigable waters of the Detroit River
within a within a 200-yard radius of the
fireworks launch site located at position
42°41′15.75″ N, 082°58′22.94″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Enforcement Period. This
regulation will be enforced from 9 p.m.
through 11 p.m. on June 28, 2025. The
Captain of the Port (COTP) Detroit, or a
designated representative may suspend
enforcement of the safety zone at any
time.
(c) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the COTP
Detroit in the enforcement of the safety
zone.
Jkt 265001
42 CFR Part 88
[Docket No. CDC–2024–0067; NIOSH–353]
1. The authority citation for part 165
continues to read as follows:
■
15:42 May 23, 2025
Dated: May 15, 2025.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2025–09137 Filed 5–23–25; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into, transiting, or anchoring
within this safety zone is prohibited
unless authorized by the Captain of the
Port Detroit or his designated
representative.
(2) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his designated representative to
obtain permission to do so. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Detroit or his
designated representative. The COTP
Detroit or his designated representative
may be contacted via VHF Channel 16.
On September 11, 2024, CDC
published in the Federal Register an
interim final rule with request for
comment to update existing regulations
governing the WTC Health Program to
align with statutory changes. The
interim final rule expanded eligibility
criteria for enrollment of new Pentagon
and Shanksville responders, capped at
500 new members, and made various
conforming amendments to the WTC
Health Program regulations. In this final
rule, CDC responds to public comment
and finalizes the revisions to the
regulation.
SUMMARY:
DATES:
This rule is effective on May 27,
2025.
FOR FURTHER INFORMATION CONTACT:
Rachel Weiss, Public Health Analyst,
National Institute for Occupational
Safety and Health, 1090 Tusculum
Avenue, MS: C–46, Cincinnati, OH
45226; telephone: (404) 498–2500 (this
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
22211
is not a toll-free number); email:
NIOSHregs@cdc.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested parties were invited to
participate in this rulemaking by
submitting written views, opinions,
recommendations, and data on the
interim final rule published on
September 11, 2024 (89 FR 73592). Two
comments were submitted to the
rulemaking docket during the 30-day
comment period, both from interested
individuals who are not members of the
WTC Health Program. The two
comments are summarized in Section
III.
II. Background
Title I of the James Zadroga 9/11
Health and Compensation Act of 2010
(Zadroga Act), as amended, revised the
Public Health Service Act (PHS Act) to
establish the WTC Health Program
(Program), which is administered by the
National Institute for Occupational
Safety and Health (NIOSH), within CDC.
The WTC Health Program provides
medical monitoring and treatment to
eligible responders to the September 11,
2001, terrorist attacks in New York City,
at the Pentagon, and in Shanksville,
Pennsylvania, and to eligible survivors
of the New York City attacks. In this
rulemaking, the Administrator of the
WTC Health Program and the Secretary
of HHS finalize revisions of the
implementing regulation for the
Program to align with the statutory
changes to the PHS Act.
A. WTC Health Program Statutory
Authority
Title I of the Zadroga Act 1 (Pub. L.
111–347, as amended by Pub. L. 114–
113, Pub. L. 116–59, Pub. L. 117–328,
and Pub. L. 118–31) added Title XXXIII
to the PHS Act, codified at 42 U.S.C.
300mm–300mm–64, establishing the
WTC Health Program within HHS. All
references to the Administrator in this
document mean the Director of NIOSH,
within CDC, or his or her designee.
B. Regulatory Background
Following the enactment of the
Zadroga Act, the HHS Secretary
promulgated 42 CFR part 88 to establish
implementing regulations for the WTC
Health Program within NIOSH. The
Zadroga Act prescribed eligibility
criteria for Pentagon and Shanksville,
Pennsylvania responders and required
the Administrator to establish the dates
1 Those portions of the Zadroga Act found in
titles II and III of Public Law 111–347 do not
pertain to the WTC Health Program and are codified
elsewhere.
E:\FR\FM\27MYR1.SGM
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Agencies
[Federal Register Volume 90, Number 100 (Tuesday, May 27, 2025)]
[Rules and Regulations]
[Pages 22209-22211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09137]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0390]
RIN 1625-AA00
Safety Zone; Roostertail Fireworks, Detroit River, Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in the Detroit River in Detroit, MI. The safety zone
is necessary and intended to protect personnel, vessels, and the marine
environment from potential hazards associated with the fireworks
displays. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Detroit, or
his designated representative.
DATES: This rule is effective from 9 p.m. through 11 p.m. on June 28,
2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0390 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email If you have questions on this rule, call or email Tracy
Girard, Waterways Department, Sector Detroit, Coast Guard; telephone
(313) 568-9564, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM)
[[Page 22210]]
with respect to this rule because the event sponsor did not notify the
Coast Guard with sufficient time to publish an NPRM and immediate
action is necessary to protect personnel, vessels, and the marine
environment in the Detroit River. It is impracticable and contrary to
the public interest to publish a NPRM because we must establish this
safety zone by June 28, 2025.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable because immediate action is needed to respond to the
potential safety hazards associated with a fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Detroit (COTP) has determined that
potential hazards associated with fireworks displays will be a safety
concern for anyone within a 200-yard radius of the launch site. The
likely combination of recreational vessels, darkness punctuated by
bright flashes of light, and fireworks debris falling into the water
presents risks of collisions which could result in serious injuries or
fatalities. This rule is necessary to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. through 11 p.m. on
June 28, 2025. The safety zone will encompass all U.S. navigable waters
of the Detroit River within a 200-yard radius of the fireworks launch
site located near the public launch site, in Detroit, MI. The duration
of the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters during the fireworks display.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated representative. The Captain of the Port Detroit or his
designated representative may be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which would impact a small,
designated area of the Detroit River 2 hours during the evening when
vessel traffic is normally low. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM Marine Channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National
[[Page 22211]]
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting only 2 hours that
will prohibit entry within 200-yard radius of where the fireworks
display will be conducted. It is categorically excluded from further
review under paragraph L60(a)60 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0390 to read as follows:
Sec. 165.T09-0390 Safety Zone; Roostertail Fireworks, Detroit River;
Detroit, MI.
(a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of the Detroit River within a within a 200-yard
radius of the fireworks launch site located at position
42[deg]41'15.75'' N, 082[deg]58'22.94'' W. All geographic coordinates
are North American Datum of 1983 (NAD 83).
(b) Enforcement Period. This regulation will be enforced from 9
p.m. through 11 p.m. on June 28, 2025. The Captain of the Port (COTP)
Detroit, or a designated representative may suspend enforcement of the
safety zone at any time.
(c) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the COTP
Detroit in the enforcement of the safety zone.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Detroit
or his designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his designated
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port Detroit or his
designated representative. The COTP Detroit or his designated
representative may be contacted via VHF Channel 16.
Dated: May 15, 2025.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2025-09137 Filed 5-23-25; 8:45 am]
BILLING CODE 9110-04-P