80 FR 29946 - Safety Zone; Detroit Belle Isle Grand Prix, Detroit River; Detroit, MI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 100 (May 26, 2015)
Coast Guard
Federal Register Volume 80, Issue 100 (May 26, 2015)
| Page Range | 29946-29948 | |
| FR Document | 2015-12554 |
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)] [Rules and Regulations] [Pages 29946-29948] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12554] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0389] RIN 1625-AA00 Safety Zone; Detroit Belle Isle Grand Prix, Detroit River; Detroit, MI AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone encompassing a portion of the Detroit River in Detroit, Michigan. This safety zone is necessary to protect Belle Isle Grand Prix participants, spectators and vessels from the hazards associated with a high speed automobile race in close proximity to a navigable waterway. This safety zone will establish restrictions upon, and control movement of, vessels in a portion of the Detroit River. During the enforcement period, no person or vessel may enter the regulated area without permission of the Captain of the Port. DATES: This temporary final rule is effective and will be enforced from 8 a.m. on May 29, 2015 until 8 p.m. on May 31, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket USCG-2015-0389. To view documents mentioned in this preamble as being available in the docket, go to www.regulations.gov, type the docket number in the ``SEARCH'' box, and click ``Search.'' You may visit the Docket Management Facility, Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or email PO1 Todd Manow, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-9580, email [email protected]. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NAD 83 North American Datum of 1983 A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because waiting for a notice and comment period to run would be impracticable, unnecessary, and contrary to the public interest. The final details of this event were not known to the Coast Guard with sufficient time for the Coast Guard to solicit public comments before the start of the event. Thus, delaying this temporary rule to wait for a notice and comment period to run would be impracticable and contrary to the public interest because it would inhibit the Coast Guard's ability to protect waterways users from the hazards associated with a high speed automobile [[Page 29947]] race in close proximity to a navigable waterway. 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 (FR). For the same reasons discussed in the preceding paragraph, waiting for a 30-day notice period to run would be impracticable and contrary to the public interest. B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define regulatory safety zones. On the morning of May 29, 2015, a series of high speed automobile races will begin and continue for three days until the evening of May 31, 2015. Participants in the Detroit Belle Isle Grand Prix will race on portions of the roadway in the Belle Isle Park that are very near to the waterfront, making these areas vulnerable in the event of a collision. The Captain of the Port Detroit has determined that the likely combination of recreation vessels, commercial vessels, and large numbers of spectators in close proximity to the automobile races pose extra and unusual hazards to public safety and property. Thus, the Captain of the Port Detroit has determined that establishing a Safety Zone around the location of the racecourse will help minimize risks to safety of life and property during this event. C. Discussion of Rule In light of the aforementioned hazards, the Captain of the Port Detroit has determined that a temporary safety zone is necessary to prevent vessels from entering, transiting, or anchoring in the vicinity of the event. The safety zone will encompass a 50 yard wide zone around the western side of Belle Isle in U.S. Waters, of the Detroit River. The area will start on the west side of the Belle Isle Bridge at position 42[deg]20.4' N.; 082[deg]59.8' W. to 50 yards offshore; and will end 50 yards offshore south of the Dossin Museum parking lot, and extending to Belle Isle straight north to position 42[deg]20.1' N.; 082[deg]59.0' W. (all coordinates are NAD 83). This safety zone is necessary in order to ensure the protection of Participants of the Detroit Belle Isle Grand Prix and waterways users transiting the area. This safety zone will be enforced from 8 a.m. until 8 p.m. each day on May 29, 30, and 31, 2015. 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. Vessel operators desiring to transit through this safety zone must contact the Coast Guard Patrol Commander to obtain permission to do so. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 14 of these statutes or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. It is not ``significant'' under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for relatively short duration, and it is designed to minimize the impact on navigation. Under certain conditions, vessels may still transit through the safety zone when permitted by the Captain of the Port. Moreover, this safety zone is outside the navigable channel. Overall, the Coast Guard expects minimal impact to vessel movement from the enforcement of this safety zone. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The 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. This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in a portion of the Detroit River from 8 a.m. until 8 p.m. on May 29, 30, and 31, 2015. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This safety zone is outside of the navigable shipping channel and will not obstruct the regular flow of commercial traffic. Vessels may be allowed to pass through the safety zone with the permission of the Captain of the Port or his designated on-scene representative. The Captain of the Port can be reached via VHF channel 16. The Coast Guard will give notice to the public via a Broadcast to Mariners that the regulation is in effect, allowing vessel owners and operators to plan accordingly. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we want to assist small entities in understanding this rule to that they can better evaluate its effects on them. If this rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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 entities that question or complain about this rule or any policy or action of the Coast Guard. [[Page 29948]] 4. 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). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received withou1111t jeopardizing the safety or security of people, places or vessels. 7. 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This 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. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. 11. Indian Tribal Governments 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. 12. Energy Effects This action is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone and, therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are 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 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 amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C 1231; 46 U.S.C. Chapters 701, 3306, 3703; 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. 0 2. Add Sec. 165.T09-0389 to read as follows: Sec. 165.T09-0389 Safety Zone; Detroit Belle Isle Grand Prix, Detroit River, Detroit, MI. (a) Safety zone. A safety zone is established to include all waters of the Detroit River within a 50-yard wide zone around the western side of Belle Isle in U.S. Waters, of the Detroit River. The area will start on the west side of the Belle Isle Bridge at position 42[deg]20.4' N.; 082[deg]59.8' W. to 50 yards offshore; and will end 50 yards offshore south of the Dossin Museum parking lot, and extending to Belle Isle straight north to position 42[deg]20.1' N.; 082[deg]59.0' W. All geographic coordinates are North American Datum of 1983. (b) Effective and enforcement period. This regulation will be enforced from 8 a.m. until 8 p.m. each day on May 29, 30, and 31, 2015. (c) Regulations. (1) In accordance with the general regulations in section 165.23, entry into, transiting or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port, Detroit, MI, or his designated representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Detroit, MI, or his designated on-scene representative. (3) The 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 on- scene representative will be aboard either a Coast Guard or Coast Guard auxiliary vessel. The Captain of the Port representative may be contacted via VHF channel 16 or at 313-568-9464. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Detroit, MI or his on-scene representative to request 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, MI or his on-scene representative. Dated: April 11, 2015. S.B. Lemasters, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2015-12554 Filed 5-22-15; 8:45 am] BILLING CODE 9110-04-P
![29946 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
8. Taking of Private Property Under figure 2–1, paragraph (32)(e), of DATES: This temporary final rule is
This rule will not cause a taking of the Instruction, an environmental effective and will be enforced from 8
private property or otherwise have analysis checklist and a categorical a.m. on May 29, 2015 until 8 p.m. on
taking implications under Executive exclusion determination are not May 31, 2015.
Order 12630, Governmental Actions and required for this rule. ADDRESSES: Documents mentioned in
Interference with Constitutionally List of Subjects in 33 CFR Part 117 this preamble are part of docket USCG–
Protected Property Rights. Bridges 2015–0389. To view documents
mentioned in this preamble as being
9. Civil Justice Reform For the reasons discussed in the available in the docket, go to
This rule meets applicable standards preamble, the Coast Guard amends 33 www.regulations.gov, type the docket
in sections 3(a) and 3(b)(2) of Executive CFR part 117 as follows: number in the ‘‘SEARCH’’ box, and
Order 12988, Civil Justice Reform, to click ‘‘Search.’’ You may visit the
minimize litigation, eliminate PART 117—DRAWBRIDGE
Docket Management Facility,
ambiguity, and reduce burden. OPERATION REGULATIONS
Department of Transportation, West
10. Protection of Children ■ 1. The authority citation for part 117 Building Ground Floor, Room W12–140,
continues to read as follows: 1200 New Jersey Avenue SE.,
We have analyzed this rule under Washington, DC 20590, between 9 a.m.
Executive Order 13045, Protection of Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and 5 p.m., Monday through Friday,
Children from Environmental Health and Department of Homeland Security
Delegation No. 0170.1.
except Federal holidays.
Risks and Safety Risks. This rule is not
FOR FURTHER INFORMATION CONTACT: If
an economically significant rule and ■ 2. Effective 7 a.m. on May 26, 2015 to you have questions on this temporary
does not create an environmental risk to 7 p.m. on February 28, 2016, suspend rule, call or email PO1 Todd Manow,
health or risk to safety that might § 117.269 and add § 117.T269 to read as Prevention Department, Sector Detroit,
disproportionately affect children. follows: Coast Guard; telephone 313–568–9580,
11. Indian Tribal Governments § 117.T269 Biscayne Bay.
email Todd.M.Manow@uscg.mil. If you
This rule does not have tribal have questions on viewing the docket,
The Venetian Causeway Bridge (East) call Ms. Cheryl Collins, Program
implications under Executive Order shall remain closed to navigation.
13175, Consultation and Coordination Manager, Docket Operations, telephone
Dated: May 7, 2015. 202–366–9826 or 1–800–647–5527.
with Indian Tribal Governments,
because it does not have a substantial Melissa Bert, SUPPLEMENTARY INFORMATION:
direct effect on one or more Indian Captain, U.S. Coast Guard, Commander,
Seventh Coast Guard District, Acting. Table of Acronyms
tribes, on the relationship between the
Federal Government and Indian tribes, [FR Doc. 2015–12552 Filed 5–22–15; 8:45 am] DHS Department of Homeland Security
or on the distribution of power and BILLING CODE 9110–04–P FR Federal Register
NAD 83 North American Datum of 1983
responsibilities between the Federal
Government and Indian tribes. A. Regulatory History and Information
DEPARTMENT OF HOMELAND
12. Energy Effects SECURITY The Coast Guard is issuing this
This action is not a ‘‘significant temporary final rule without prior
energy action’’ under Executive Order Coast Guard notice and opportunity to comment
13211, Actions Concerning Regulations pursuant to authority under section 4(a)
That Significantly Affect Energy Supply, 33 CFR Part 165 of the Administrative Procedure Act
Distribution, or Use. (APA) (5 U.S.C. 553(b)). This provision
[Docket No. USCG–2015–0389] authorizes an agency to issue a rule
13. Technical Standards without prior notice and opportunity to
RIN 1625–AA00 comment when the agency for good
This rule does not use technical
standards. Therefore, we did not cause finds that those procedures are
Safety Zone; Detroit Belle Isle Grand
consider the use of voluntary consensus ‘‘impracticable, unnecessary, or contrary
Prix, Detroit River; Detroit, MI
standards. to the public interest.’’ Under 5 U.S.C.
AGENCY: Coast Guard, DHS. 553(b)(B), the Coast Guard finds that
14. Environment good cause exists for not publishing a
ACTION: Temporary final rule.
We have analyzed this rule under notice of proposed rulemaking (NPRM)
Department of Homeland Security SUMMARY: The Coast Guard is with respect to this rule because waiting
Management Directive 023–01 and establishing a temporary safety zone for a notice and comment period to run
Commandant Instruction M16475.lD, encompassing a portion of the Detroit would be impracticable, unnecessary,
which guides the Coast Guard in River in Detroit, Michigan. This safety and contrary to the public interest. The
complying with the National zone is necessary to protect Belle Isle final details of this event were not
Environmental Policy Act of 1969 Grand Prix participants, spectators and known to the Coast Guard with
(NEPA)(42 U.S.C. 4321–4370f), and vessels from the hazards associated with sufficient time for the Coast Guard to
have concluded that this action is one a high speed automobile race in close solicit public comments before the start
of a category of actions which do not proximity to a navigable waterway. of the event. Thus, delaying this
wreier-aviles on DSK5TPTVN1PROD with RULES
individually or cumulatively have a This safety zone will establish temporary rule to wait for a notice and
significant effect on the human restrictions upon, and control comment period to run would be
environment. This rule simply movement of, vessels in a portion of the impracticable and contrary to the public
promulgates the operating regulations or Detroit River. During the enforcement interest because it would inhibit the
procedures for drawbridges. This rule is period, no person or vessel may enter Coast Guard’s ability to protect
categorically excluded, under figure 2– the regulated area without permission of waterways users from the hazards
1, paragraph (32)(e), of the Instruction. the Captain of the Port. associated with a high speed automobile
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![29948 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
4. Collection of Information 11. Indian Tribal Governments Authority: 33 U.S.C 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
This rule will not call for a new This rule does not have tribal 33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
collection of information under the implications under Executive Order Pub. L. 107–295, 116 Stat. 2064; Department
Paperwork Reduction Act of 1995 (44 13175, Consultation and Coordination of Homeland Security Delegation No. 0170.1.
U.S.C. 3501–3520). with Indian Tribal Governments,
because it does not have a substantial ■ 2. Add § 165.T09–0389 to read as
5. Federalism follows:
direct effect on one or more Indian
A rule has implications for federalism tribes, on the relationship between the
under Executive Order 13132, § 165.T09–0389 Safety Zone; Detroit Belle
Federal Government and Indian tribes, Isle Grand Prix, Detroit River, Detroit, MI.
Federalism, if it has a substantial direct or on the distribution of power and
effect on the States, on the relationship responsibilities between the Federal (a) Safety zone. A safety zone is
between the national government and Government and Indian tribes. established to include all waters of the
the States, or on the distribution of Detroit River within a 50-yard wide
power and responsibilities among the 12. Energy Effects zone around the western side of Belle
various levels of government. We have This action is not a ‘‘significant Isle in U.S. Waters, of the Detroit River.
analyzed this rule under that Order and energy action’’ under Executive Order The area will start on the west side of
determined that this rule does not have 13211, Actions Concerning Regulations the Belle Isle Bridge at position 42°20.4′
implications for federalism. That Significantly Affect Energy Supply, N.; 082°59.8′ W. to 50 yards offshore;
6. Protest Activities Distribution, or Use. and will end 50 yards offshore south of
the Dossin Museum parking lot, and
The Coast Guard respects the First 13. Technical Standards extending to Belle Isle straight north to
Amendment rights of protesters. This rule does not use technical position 42°20.1′ N.; 082°59.0′ W. All
Protesters are asked to contact the standards. Therefore, we did not geographic coordinates are North
person listed in the FOR FURTHER consider the use of voluntary consensus American Datum of 1983.
INFORMATION CONTACT section to
standards. (b) Effective and enforcement period.
coordinate protest activities so that your
14. Environment This regulation will be enforced from 8
message can be received withou1111t
a.m. until 8 p.m. each day on May 29,
jeopardizing the safety or security of We have analyzed this rule under 30, and 31, 2015.
people, places or vessels. Department of Homeland Security (c) Regulations. (1) In accordance with
7. Unfunded Mandates Reform Act Management Directive 023–01 and the general regulations in section
The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, 165.23, entry into, transiting or
of 1995 (2 U.S.C. 1531–1538) requires which guide the Coast Guard in anchoring within this safety zone is
Federal agencies to assess the effects of complying with the National prohibited unless authorized by the
their discretionary regulatory actions. In Environmental Policy Act of 1969 Captain of the Port, Detroit, MI, or his
particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and designated representative.
that may result in the expenditure by a have concluded this action is one of a
category of actions which do not (2) This safety zone is closed to all
State, local, or tribal government, in the vessel traffic, except as may be
aggregate, or by the private sector of individually or cumulatively have a
significant effect on the human permitted by the Captain of the Port
$100,000,000 (adjusted for inflation) or Detroit, MI, or his designated on-scene
more in any one year. Though this rule environment. This rule involves the
establishment of a safety zone and, representative.
will not result in such expenditure, we
do discuss the effects of this rule therefore it is categorically excluded (3) The on-scene representative of the
elsewhere in this preamble. from further review under paragraph Captain of the Port is any Coast Guard
34(g) of Figure 2–1 of the Commandant commissioned, warrant, or petty officer
8. Taking of Private Property Instruction. An environmental analysis who has been designated by the Captain
This rule will not cause a taking of checklist supporting this determination of the Port to act on his behalf. The on-
private property or otherwise have and a Categorical Exclusion scene representative will be aboard
taking implications under Executive Determination are available in the either a Coast Guard or Coast Guard
Order 12630, Governmental Actions and docket where indicated under auxiliary vessel. The Captain of the Port
Interference with Constitutionally ADDRESSES. We seek any comments or representative may be contacted via
Protected Property Rights. information that may lead to the VHF channel 16 or at 313–568–9464.
discovery of a significant environmental (4) Vessel operators desiring to enter
9. Civil Justice Reform impact from this rule. or operate within the safety zone shall
This rule meets applicable standards contact the Captain of the Port Detroit,
List of Subjects in 33 CFR Part 165
in sections 3(a) and 3(b)(2) of Executive MI or his on-scene representative to
Order 12988, Civil Justice Reform, to Harbors, Marine safety, Navigation request permission to do so. Vessel
minimize litigation, eliminate (water), Reporting and recordkeeping operators given permission to enter or
ambiguity, and reduce burden. requirements, Security measures, operate in the safety zone must comply
Waterways. with all directions given to them by the
10. Protection of Children
For the reasons discussed in the Captain of the Port Detroit, MI or his on-
We have analyzed this rule under
wreier-aviles on DSK5TPTVN1PROD with RULES
preamble, the Coast Guard amends 33 scene representative.
Executive Order 13045, Protection of CFR part 165 as follows:
Children from Environmental Health Dated: April 11, 2015.
Risks and Safety Risks. This rule is not PART 165—REGULATED NAVIGATION S.B. Lemasters,
an economically significant rule and AREAS AND LIMITED ACCESS AREAS Captain, U.S. Coast Guard, Captain of the
does not create an environmental risk to Port Detroit.
health or risk to safety that may ■ 1. The authority citation for part 165 [FR Doc. 2015–12554 Filed 5–22–15; 8:45 am]
disproportionately affect children. continues to read as follows: BILLING CODE 9110–04–P
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Document Created: 2018-02-21 10:31:37
Document Modified: 2018-02-21 10:31:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This temporary final rule is effective and will be enforced from 8 a.m. on May 29, 2015 until 8 p.m. on May 31, 2015. | |
| Contact | If you have questions on this temporary rule, call or email PO1 Todd Manow, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-9580, email [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527. | |
| FR Citation | 80 FR 29946 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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