80_FR_44094 80 FR 43952 - Safety Zone; Red Bull GRC Air Show, Detroit River, Detroit, MI

80 FR 43952 - Safety Zone; Red Bull GRC Air Show, Detroit River, Detroit, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 142 (July 24, 2015)

Page Range43952-43954
FR Document2015-18201

The Coast Guard is establishing a temporary safety zone on the waters of the Detroit River in the vicinity of Detroit, MI. This zone is intended to restrict and control the movement of vessels in a portion of the Detroit River. This zone is necessary to protect spectators and vessels from the hazards associated with an air show.

Federal Register, Volume 80 Issue 142 (Friday, July 24, 2015)
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Rules and Regulations]
[Pages 43952-43954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18201]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0618]
RIN 1625-AA00


Safety Zone; Red Bull GRC Air Show, Detroit River, Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Detroit River in the vicinity of Detroit, MI. This zone 
is intended to restrict and control the movement of vessels in a 
portion of the Detroit River. This zone is necessary to protect 
spectators and vessels from the hazards associated with an air show.

DATES: This rule is effective from 1:30 p.m. on July 25, 2015 until 
4:30 p.m. on July 26, 2015. It will be enforced from 1:30 p.m. to 4:30 
p.m. each day on July 25 and 26, 2015.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2015-0618 and are available online 
by going to www.regulations.gov, type the docket number in the 
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the 
line associated with this rulemaking. They are also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
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 final rule, contact or email PO1 Todd Manow, Prevention 
Department, Sector Detroit, Coast Guard; telephone 313-568-9580, or 
email [email protected]. If you have questions on viewing the 
docket, call Cheryl Collins, Program Manager, Docket Operations, 
telephone 202-366-9826.

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 doing so would be 
impracticable and contrary to the public interest. The final details of 
this event were not known to the Coast Guard until there was 
insufficient time remaining before the event to publish an NPRM. Thus, 
delaying the effective date of this rule to wait for a comment period 
to run would be both impracticable and contrary to the public interest 
because it would inhibit the Coast Guard's ability to protect workers, 
the surrounding public, and vessels from the hazards associated with 
the maritime air show.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. 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 for the rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas: 33 
U.S.C. 1231; 33 CFR 1.05-1 and 160.5; Department of Homeland Security 
Delegation No. 0170.1.
    The Coast Guard was informed that on July 25, 2015, and July 26, 
2015, an air show will take place on the Detroit River in the vicinity 
of Detroit, MI. The Captain of the Port Detroit has determined that the 
air show may pose a significant risk to public safety and property.

C. Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Detroit has determined a temporary safety zone is necessary to ensure 
the safety of spectators and vessels during the Red Bull GRC air show. 
This safety zone will encompass U.S. navigable waters of the Detroit 
River from the Belle Isle Bridge to position: 42[deg]19'58.60'' N., 
083[deg]0'38.47'' W. (NAD 83).
    Entry into, transiting, or anchoring within this safety zone is 
prohibited unless authorized by the Captain of the Port Detroit or his 
on-scene representative. The Captain of the Port or his 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 these statutes and 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 Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    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 a relatively short time. Under 
certain conditions, moreover, vessels may still transit through the 
safety zone when permitted by the Captain of the Port or his on-scene 
representative.

[[Page 43953]]

2. Impact on Small Entities

    Under the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered the potential impact of regulations 
on small entities during rulemaking. 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 1:30 p.m. to 
4:30 p.m. on July 25, 2015 and July 26, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of the zone, the Captain of the Port will issue a local 
Broadcast Notice to Mariners so vessel owners and operators can plan 
accordingly.

3. 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 rule so that they can better evaluate 
its effects on them. 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 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 entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

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 without 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 an 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 determined 
that this action is one of a category of actions that does not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone and 
is therefore 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0618 to read as follows:

[[Page 43954]]

Sec.  165.T09-0618  Safety Zone; Red Bull GRC Detroit, Detroit River, 
Detroit, MI.

    (a) Location. The following area is a temporary safety zone: U.S. 
navigable waters of the Detroit River from the Belle Isle Bridge to 
position: 42[deg]19'58.60'' N., 083[deg]0'38.47'' W. (NAD 83).
    (b) Enforcement periods. The safety zone described in paragraph (a) 
of this section will be enforced from 1:30 p.m. through 4:30 p.m. each 
day on July 25 and 26, 2015.
    (c) 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 on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant or petty officer or a 
Federal, State, or local law enforcement officer designated by or 
assisting the Captain of the Port Detroit to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Detroit or his on-scene representative may be contacted via VHF Channel 
16 or at 313--568-9560. 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 on-scene representative.

    Dated: July 13, 2015.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2015-18201 Filed 7-23-15; 8:45 am]
 BILLING CODE 9110-04-P



                                             43952                Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations

                                             overpayment, and taxpayers should                        Building Ground floor, Room W12–140,                  1.05–1 and 160.5; Department of
                                             submit claims for refund (if the income                  1200 New Jersey Avenue SE.,                           Homeland Security Delegation No.
                                             tax return is not itself a claim for refund,             Washington DC 20590, between 9 a.m.                   0170.1.
                                             as provided in § 301.6402–3) to protect                  and 5 p.m., Monday through Friday,                       The Coast Guard was informed that
                                             themselves in the event the IRS fails to                 except Federal holidays.                              on July 25, 2015, and July 26, 2015, an
                                             make such determination and credit or                    FOR FURTHER INFORMATION CONTACT: If                   air show will take place on the Detroit
                                             refund. The provisions of section 6405                   you have questions on this temporary                  River in the vicinity of Detroit, MI. The
                                             (relating to reports of refunds in excess                final rule, contact or email PO1 Todd                 Captain of the Port Detroit has
                                             of the statutorily prescribed threshold                  Manow, Prevention Department, Sector                  determined that the air show may pose
                                             referral amount to the Joint Committee                   Detroit, Coast Guard; telephone 313–                  a significant risk to public safety and
                                             on Taxation) do not apply to the                         568–9580, or email Todd.M.Manow@                      property.
                                             overpayments described in this section.                  uscg.mil. If you have questions on
                                                (b) Effective/applicability date. The                 viewing the docket, call Cheryl Collins,              C. Discussion of Rule
                                             rules of this section apply to payments                  Program Manager, Docket Operations,                     With the aforementioned hazards in
                                             made on or after July 24, 2015.                          telephone 202–366–9826.                               mind, the Captain of the Port Detroit has
                                             John Dalrymple,                                          SUPPLEMENTARY INFORMATION:                            determined a temporary safety zone is
                                             Deputy Commissioner for Services and                     Table of Acronyms                                     necessary to ensure the safety of
                                             Enforcement.                                                                                                   spectators and vessels during the Red
                                               Approved: July 8, 2015.                                DHS Department of Homeland Security                   Bull GRC air show. This safety zone will
                                             Mark J. Mazur,                                           FR Federal Register                                   encompass U.S. navigable waters of the
                                                                                                      NAD 83 North American Datum of 1983                   Detroit River from the Belle Isle Bridge
                                             Assistant Secretary of the Treasury (Tax
                                             Policy).                                                                                                       to position: 42°19′58.60″ N.,
                                                                                                      A. Regulatory History and Information                 083°0′38.47″ W. (NAD 83).
                                             [FR Doc. 2015–18119 Filed 7–23–15; 8:45 am]
                                             BILLING CODE 4830–01–P
                                                                                                         The Coast Guard is issuing this                      Entry into, transiting, or anchoring
                                                                                                      temporary final rule without prior                    within this safety zone is prohibited
                                                                                                      notice and opportunity to comment                     unless authorized by the Captain of the
                                                                                                      pursuant to authority under section 4(a)              Port Detroit or his on-scene
                                             DEPARTMENT OF HOMELAND
                                                                                                      of the Administrative Procedure Act                   representative. The Captain of the Port
                                             SECURITY
                                                                                                      (APA) (5 U.S.C. 553(b)). This provision               or his on-scene representative may be
                                             Coast Guard                                              authorizes an agency to issue a rule                  contacted via VHF Channel 16.
                                                                                                      without prior notice and opportunity to
                                                                                                      comment when the agency, for good                     D. Regulatory Analyses
                                             33 CFR Part 165
                                                                                                      cause, finds that those procedures are                  We developed this rule after
                                             [Docket No. USCG–2015–0618]                              ‘‘impracticable, unnecessary, or contrary             considering numerous statutes and
                                             RIN 1625–AA00                                            to the public interest.’’ Under 5 U.S.C.              executive orders related to rulemaking.
                                                                                                      553(b)(B), the Coast Guard finds that                 Below we summarize our analyses
                                             Safety Zone; Red Bull GRC Air Show,                      good cause exists for not publishing a                based on these statutes and executive
                                             Detroit River, Detroit, MI                               notice of proposed rulemaking (NPRM)                  orders.
                                                                                                      with respect to this rule because doing
                                             AGENCY:    Coast Guard, DHS.                                                                                   1. Regulatory Planning and Review
                                                                                                      so would be impracticable and contrary
                                             ACTION:   Temporary final rule.                          to the public interest. The final details
                                                                                                                                                               This rule is not a significant
                                             SUMMARY:   The Coast Guard is                            of this event were not known to the
                                                                                                                                                            regulatory action under section 3(f) of
                                             establishing a temporary safety zone on                  Coast Guard until there was insufficient
                                                                                                                                                            Executive Order 12866, Regulatory
                                             the waters of the Detroit River in the                   time remaining before the event to
                                                                                                                                                            Planning and Review, as supplemented
                                             vicinity of Detroit, MI. This zone is                    publish an NPRM. Thus, delaying the
                                                                                                                                                            by Executive Order 13563, Improving
                                             intended to restrict and control the                     effective date of this rule to wait for a
                                                                                                                                                            Regulation and Regulatory Review, and
                                             movement of vessels in a portion of the                  comment period to run would be both
                                                                                                                                                            does not require an assessment of
                                             Detroit River. This zone is necessary to                 impracticable and contrary to the public
                                                                                                                                                            potential costs and benefits under
                                             protect spectators and vessels from the                  interest because it would inhibit the
                                                                                                                                                            section 6(a)(3) of Order 12866 or under
                                             hazards associated with an air show.                     Coast Guard’s ability to protect workers,
                                                                                                                                                            section 1 of Executive Order 13563. The
                                                                                                      the surrounding public, and vessels
                                             DATES: This rule is effective from 1:30                                                                        Office of Management and Budget has
                                                                                                      from the hazards associated with the
                                             p.m. on July 25, 2015 until 4:30 p.m. on                                                                       not reviewed it under those Orders.
                                                                                                      maritime air show.
                                             July 26, 2015. It will be enforced from                     Under 5 U.S.C. 553(d)(3), the Coast                   We conclude that this rule is not a
                                             1:30 p.m. to 4:30 p.m. each day on July                  Guard finds that good cause exists for                significant regulatory action because we
                                             25 and 26, 2015.                                         making this temporary rule effective less             anticipate that it will have minimal
                                             ADDRESSES: Documents indicated in this                   than 30 days after publication in the                 impact on the economy, will not
                                             preamble as being available in the                       Federal Register. For the same reasons                interfere with other agencies, will not
                                             docket are part of docket USCG–2015–                     discussed in the preceding paragraph,                 adversely alter the budget of any grant
                                             0618 and are available online by going                   waiting for a 30 day notice period to run             or loan recipients, and will not raise any
                                             to www.regulations.gov, type the docket                  would be impracticable and contrary to                novel legal or policy issues. The safety
                                             number in the ‘‘SEARCH’’ box and click                                                                         zone created by this rule will be
rmajette on DSK2VPTVN1PROD with RULES




                                                                                                      the public interest.
                                             ‘‘SEARCH.’’ Click on Open Docket                                                                               relatively small and enforced for a
                                             Folder on the line associated with this                  B. Basis and Purpose                                  relatively short time. Under certain
                                             rulemaking. They are also available for                    The legal basis for the rule is the                 conditions, moreover, vessels may still
                                             inspection or copying at the Docket                      Coast Guard’s authority to establish                  transit through the safety zone when
                                             Management Facility (M–30), U.S.                         regulated navigation areas and limited                permitted by the Captain of the Port or
                                             Department of Transportation, West                       access areas: 33 U.S.C. 1231; 33 CFR                  his on-scene representative.


                                        VerDate Sep<11>2014   14:07 Jul 23, 2015   Jkt 235001   PO 00000   Frm 00042   Fmt 4700   Sfmt 4700   E:\FR\FM\24JYR1.SGM   24JYR1


                                                                  Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations                                          43953

                                             2. Impact on Small Entities                              5. Federalism                                         because it does not have a substantial
                                                                                                         A rule has implications for federalism             direct effect on one or more Indian
                                                Under the Regulatory Flexibility Act                                                                        tribes, on the relationship between the
                                             of 1980 (RFA), 5 U.S.C. 601–612, as                      under Executive Order 13132,
                                                                                                      Federalism, if it has a substantial direct            Federal Government and Indian tribes,
                                             amended, we have considered the                                                                                or on the distribution of power and
                                             potential impact of regulations on small                 effect on the States, on the relationship
                                                                                                      between the national government and                   responsibilities between the Federal
                                             entities during rulemaking. The Coast                                                                          Government and Indian tribes.
                                             Guard certifies under 5 U.S.C. 605(b)                    the States, or on the distribution of
                                             that this rule will not have a significant               power and responsibilities among the                  12. Energy Effects
                                             economic impact on a substantial                         various levels of government. We have                   This action is not a ‘‘significant
                                             number of small entities.                                analyzed this rule under that order and               energy action’’ under Executive Order
                                                                                                      determined that this rule does not have               13211, Actions Concerning Regulations
                                                This rule will affect the following                   implications for federalism.
                                             entities, some of which might be small                                                                         That Significantly Affect Energy Supply,
                                             entities: The owners or operators of                     6. Protest Activities                                 Distribution, or Use.
                                             vessels intending to transit or anchor in                   The Coast Guard respects the First                 13. Technical Standards
                                             a portion of the Detroit River from 1:30                 Amendment rights of protesters.                         This rule does not use technical
                                             p.m. to 4:30 p.m. on July 25, 2015 and                   Protesters are asked to contact the                   standards. Therefore, we did not
                                             July 26, 2015.                                           person listed in the FOR FURTHER                      consider the use of voluntary consensus
                                                This safety zone will not have a                      INFORMATION CONTACT section to                        standards.
                                             significant economic impact on a                         coordinate protest activities so that your
                                             substantial number of small entities for                 message can be received without                       14. Environment
                                             the reasons cited in the Regulatory                      jeopardizing the safety or security of                  We have analyzed this rule under
                                             Planning and Review section.                             people, places, or vessels.                           Department of Homeland Security
                                             Additionally, before the enforcement of                  7. Unfunded Mandates Reform Act                       Management Directive 023–01 and
                                             the zone, the Captain of the Port will                                                                         Commandant Instruction M16475.lD,
                                             issue a local Broadcast Notice to                           The Unfunded Mandates Reform Act                   which guide the Coast Guard in
                                             Mariners so vessel owners and operators                  of 1995 (2 U.S.C. 1531–1538) requires                 complying with the National
                                             can plan accordingly.                                    Federal agencies to assess the effects of             Environmental Policy Act of 1969
                                                                                                      their discretionary regulatory actions. In            (NEPA) (42 U.S.C. 4321–4370f), and
                                             3. Assistance for Small Entities                         particular, the Act addresses actions                 have determined that this action is one
                                                                                                      that may result in the expenditure by a               of a category of actions that does not
                                                Under section 213(a) of the Small                     State, local, or tribal government, in the
                                             Business Regulatory Enforcement                                                                                individually or cumulatively have a
                                                                                                      aggregate, or by the private sector of                significant effect on the human
                                             Fairness Act of 1996 (Pub. L. 104–121),                  $100,000,000 (adjusted for inflation) or
                                             we want to assist small entities in                                                                            environment. This rule involves the
                                                                                                      more in any one year. Though this rule                establishment of a safety zone and is
                                             understanding this rule so that they can                 will not result in such an expenditure,
                                             better evaluate its effects on them. If the                                                                    therefore categorically excluded from
                                                                                                      we do discuss the effects of this rule                further review under paragraph 34(g) of
                                             rule would affect your small business,                   elsewhere in this preamble.
                                             organization, or governmental                                                                                  Figure 2–1 of the Commandant
                                             jurisdiction and you have questions                      8. Taking of Private Property                         Instruction. An environmental analysis
                                             concerning its provisions or options for                                                                       checklist supporting this determination
                                                                                                         This rule will not cause a taking of
                                             compliance, please contact the person                                                                          and a Categorical Exclusion
                                                                                                      private property or otherwise have
                                             listed in the FOR FURTHER INFORMATION                                                                          Determination are available in the
                                                                                                      taking implications under Executive
                                             CONTACT section.
                                                                                                                                                            docket where indicated under
                                                                                                      Order 12630, Governmental Actions and
                                                                                                                                                            ADDRESSES. We seek any comments or
                                                Small businesses may send comments                    Interference with Constitutionally
                                                                                                                                                            information that may lead to the
                                             on the actions of Federal employees                      Protected Property Rights.
                                                                                                                                                            discovery of a significant environmental
                                             who enforce, or otherwise determine                      9. Civil Justice Reform                               impact from this rule.
                                             compliance with, Federal regulations to
                                             the Small Business and Agriculture                          This rule meets applicable standards               List of Subjects in 33 CFR Part 165
                                             Regulatory Enforcement Ombudsman                         in sections 3(a) and 3(b)(2) of Executive
                                                                                                                                                              Harbors, Marine safety, Navigation
                                             and the Regional Small Business                          Order 12988, Civil Justice Reform, to
                                                                                                                                                            (water), Reporting and recordkeeping
                                             Regulatory Fairness Boards. The                          minimize litigation, eliminate
                                                                                                                                                            requirements, Security measures,
                                             Ombudsman evaluates these actions                        ambiguity, and reduce burden.
                                                                                                                                                            Waterways.
                                             annually and rates each agency’s                         10. Protection of Children                              For the reasons discussed in the
                                             responsiveness to small business. If you                   We have analyzed this rule under                    preamble, the Coast Guard amends 33
                                             wish to comment on actions by                            Executive Order 13045, Protection of                  CFR part 165 as follows:
                                             employees of the Coast Guard, call 1–                    Children from Environmental Health
                                             888–REG–FAIR (1–888–734–3247). The                       Risks and Safety Risks. This rule is not              PART 165—REGULATED NAVIGATION
                                             Coast Guard will not retaliate against                   an economically significant rule and                  AREAS AND LIMITED ACCESS AREAS
                                             entities that question or complain about                 does not create an environmental risk to
                                             this rule or any policy or action of the                                                                       ■ 1. The authority citation for part 165
                                                                                                      health or risk to safety that may                     continues to read as follows:
                                             Coast Guard.
rmajette on DSK2VPTVN1PROD with RULES




                                                                                                      disproportionately affect children.
                                                                                                                                                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             4. Collection of Information                             11. Indian Tribal Governments                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                               This rule will not call for a new                                                                            Department of Homeland Security Delegation
                                                                                                        This rule does not have tribal
                                                                                                                                                            No. 0170.1.
                                             collection of information under the                      implications under Executive Order
                                             Paperwork Reduction Act of 1995 (44                      13175, Consultation and Coordination                  ■ 2. Add § 165.T09–0618 to read as
                                             U.S.C. 3501–3520).                                       with Indian Tribal Governments,                       follows:


                                        VerDate Sep<11>2014   14:07 Jul 23, 2015   Jkt 235001   PO 00000   Frm 00043   Fmt 4700   Sfmt 4700   E:\FR\FM\24JYR1.SGM   24JYR1


                                             43954                Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations

                                             § 165.T09–0618 Safety Zone; Red Bull GRC                 displays in the Captain of the Port,                  DEPARTMENT OF HOMELAND
                                             Detroit, Detroit River, Detroit, MI.                     Puget Sound Zone during the dates and                 SECURITY
                                               (a) Location. The following area is a                  times noted below. This action is
                                             temporary safety zone: U.S. navigable                    necessary to prevent injury and to                    Coast Guard
                                             waters of the Detroit River from the                     protect life and property of the maritime
                                             Belle Isle Bridge to position:                           public from the hazards associated with               33 CFR Part 165
                                             42°19′58.60″ N., 083°0′38.47″ W. (NAD                    the firework displays. During the                     [Docket Number USCG–2015–0659]
                                             83).                                                     enforcement periods, entry into, transit
                                               (b) Enforcement periods. The safety                    through, mooring, or anchoring within                 RIN 1625–AA00
                                             zone described in paragraph (a) of this                  these zones is prohibited unless
                                             section will be enforced from 1:30 p.m.                  authorized by the Captain of the Port,                Safety Zone; Cleveland Triathlon, Lake
                                             through 4:30 p.m. each day on July 25                    Puget Sound or Designated                             Erie, North Coast Harbor, Cleveland,
                                             and 26, 2015.                                            Representative.                                       OH
                                               (c) Regulations. (1) In accordance with                                                                      AGENCY:    Coast Guard, DHS.
                                             the general regulations in § 165.23, entry               DATES:  The regulations in 33 CFR
                                             into, transiting, or anchoring within this               165.1332 will be enforced during the                  ACTION:   Temporary final rule.
                                             safety zone is prohibited unless                         dates and times noted below.
                                                                                                                                                            SUMMARY:   The Coast Guard is
                                             authorized by the Captain of the Port                    FOR FURTHER INFORMATION CONTACT: If                   establishing a temporary safety zone on
                                             Detroit or his on-scene representative.                  you have questions on this notice of                  Lake Erie, North Coast Harbor,
                                               (2) The safety zone is closed to all                   enforcement, call or email Petty Officer              Cleveland, OH. This safety zone is
                                             vessel traffic, except as may be                         Ryan Griffin, Sector Puget Sound                      intended to restrict vessels from a
                                             permitted by the Captain of the Port                     Waterways Management, Coast Guard;                    portion of the North Coast Harbor
                                             Detroit or his on-scene representative.                  telephone 206–217–6051,                               during the Cleveland Triathlon. This
                                               (3) The ‘‘on-scene representative’’ of                 SectorPugetSoundWWM@uscg.mil.                         temporary safety zone is necessary to
                                             the Captain of the Port Detroit is any                                                                         protect mariners and vessels from the
                                                                                                      SUPPLEMENTARY INFORMATION: The Coast
                                             Coast Guard commissioned, warrant or                                                                           navigational hazards associated with a
                                                                                                      Guard will enforce the safety zones
                                             petty officer or a Federal, State, or local                                                                    large scale swimming event.
                                                                                                      established for Annual Fireworks
                                             law enforcement officer designated by
                                                                                                      Displays within the Captain of the Port,              DATES: This rule is effective from 5:45
                                             or assisting the Captain of the Port
                                                                                                      Puget Sound Area of Responsibility in                 a.m. until 10:15 a.m. on July 26, 2015.
                                             Detroit to act on his behalf.
                                               (4) Vessel operators desiring to enter                 33 CFR 165.1332 during the dates and                  ADDRESSES: Documents mentioned in
                                             or operate within the safety zone shall                  times noted below.                                    this preamble are part of docket [USCG–
                                             contact the Captain of the Port Detroit                     The following safety zone will be                  2015–0659]. To view documents
                                             or his on-scene representative to obtain                 enforced from 5:00 p.m. on September                  mentioned in this preamble as being
                                             permission to do so. The Captain of the                  12, 2015 through 1:00 a.m. on                         available in the docket, go to http://
                                             Port Detroit or his on-scene                             September 13, 2015: Mukilteo                          www.regulations.gov, type the docket
                                             representative may be contacted via                      Lighthouse Festival, Possession Sound,                number in the ‘‘SEARCH’’ box and click
                                             VHF Channel 16 or at 313—568–9560.                       47°56.9′ N., 122°18.6′ W.                             ‘‘SEARCH.’’ Click on Open Docket
                                             Vessel operators given permission to                        The special requirements listed in 33              Folder on the line associated with this
                                             enter or operate in the safety zone must                 CFR 165.1332 apply to the activation                  rulemaking. You may also visit the
                                             comply with all directions given to                      and enforcement of these safety zones.                Docket Management Facility in Room
                                             them by the Captain of the Port Detroit                     All vessel operators who desire to                 W12–140 on the ground floor of the
                                             or his on-scene representative.                          enter the safety zone must obtain                     Department of Transportation West
                                                                                                      permission from the Captain of the Port               Building, 1200 New Jersey Avenue SE.,
                                               Dated: July 13, 2015.
                                                                                                      or Designated Representative by                       Washington, DC 20590, between 9 a.m.
                                             Scott B. Lemasters,
                                                                                                      contacting the Coast Guard Sector Puget               and 5 p.m., Monday through Friday,
                                             Captain, U.S. Coast Guard, Captain of the                                                                      except Federal holidays.
                                                                                                      Sound Joint Harbor Operations Center
                                             Port Detroit.
                                                                                                      (JHOC) on VHF Ch 13 or Ch 16 or via                   FOR FURTHER INFORMATION CONTACT: If
                                             [FR Doc. 2015–18201 Filed 7–23–15; 8:45 am]
                                                                                                      telephone at (206) 217–6002.                          you have questions on this rule, call or
                                             BILLING CODE 9110–04–P
                                                                                                         The Coast Guard may be assisted by                 email LTJG Amanda Garcia, Chief of
                                                                                                      other Federal, State, or local law                    Waterways Management, U.S. Coast
                                             DEPARTMENT OF HOMELAND                                   enforcement agencies in enforcing this                Guard Sector Buffalo; telephone 716–
                                             SECURITY                                                 regulation.                                           843–9573, email
                                                                                                         This notice of enforcement is issued               SectorBuffaloMarineSafety@uscg.mil. If
                                             Coast Guard                                              under authority of 33 CFR 165.1332 and                you have questions on viewing the
                                                                                                      33 CFR 165 and 5 U.S.C. 552(a). In                    docket, call Cheryl Collins, Program
                                             33 CFR Part 165                                          addition to this notice, the Coast Guard              Manager, Docket Operations, telephone
                                                                                                      will provide the maritime community                   (202) 366–9826.
                                             [Docket No. USCG–2010–0063]
                                                                                                      with extensive advanced notification of               SUPPLEMENTARY INFORMATION:
                                             Safety Zones; Annual Firework                            the safety zones via the Local Notice to
                                                                                                      Mariners and marine information                       Table of Acronyms
                                             Displays Within the Captain of the
                                             Port, Puget Sound Zone                                   broadcasts on the day of the events.                  DHS Department of Homeland Security
rmajette on DSK2VPTVN1PROD with RULES




                                                                                                        Dated: July 8, 2015.                                FR Federal Register
                                             AGENCY:  Coast Guard, DHS.                                                                                     NPRM Notice of Proposed Rulemaking
                                                                                                      M.W. Raymond,                                         TFR Temporary Final Rule
                                             ACTION: Notice of enforcement of
                                                                                                      Captain, U.S. Coast Guard, Captain of the
                                             regulation.                                                                                                    A. Regulatory History and Information
                                                                                                      Port, Puget Sound.
                                             SUMMARY:   The Coast Guard will enforce                  [FR Doc. 2015–18197 Filed 7–23–15; 8:45 am]             The Coast Guard is issuing this
                                             the safety zones for annual firework                     BILLING CODE 9110–04–P                                temporary final rule without prior


                                        VerDate Sep<11>2014   14:07 Jul 23, 2015   Jkt 235001   PO 00000   Frm 00044   Fmt 4700   Sfmt 4700   E:\FR\FM\24JYR1.SGM   24JYR1



Document Created: 2018-02-23 09:24:44
Document Modified: 2018-02-23 09:24:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 1:30 p.m. on July 25, 2015 until 4:30 p.m. on July 26, 2015. It will be enforced from 1:30 p.m. to 4:30 p.m. each day on July 25 and 26, 2015.
ContactIf you have questions on this temporary final rule, contact or email PO1 Todd Manow, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-9580, or email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 43952 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR