80_FR_57281 80 FR 57098 - Safety Zone; Dredging, Rouge River, Detroit, MI

80 FR 57098 - Safety Zone; Dredging, Rouge River, Detroit, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 183 (September 22, 2015)

Page Range57098-57100
FR Document2015-24041

The Coast Guard is establishing a temporary safety zone for certain waters of the Rouge River in the vicinity of Detroit, MI. This zone is intended to restrict and control movement of vessels in a portion of the Rouge River. This zone is necessary to protect vessels from potential hazards associated with dredging operations.

Federal Register, Volume 80 Issue 183 (Tuesday, September 22, 2015)
[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Rules and Regulations]
[Pages 57098-57100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24041]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0835]
RIN 1625-AA00


Safety Zone; Dredging, Rouge River, Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Rouge River in the vicinity of Detroit, MI. This 
zone is intended to restrict and control movement of vessels in a 
portion of the Rouge River. This zone is necessary to protect vessels 
from potential hazards associated with dredging operations.

DATES: This rule is effective without actual notice from September 22, 
2015 until 11:59 p.m. on September 24, 2015. For the purposes of 
enforcement, actual notice will be used from 10 a.m. on August 25, 
2015, until September 22, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0835 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule. You may also visit 
the Docket Management Facility in Room W12-140 on the ground floor of 
the Department of Transportation West Building, 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, call or email Chief Petty Officer Jason Hampton, 
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9616, email [email protected]. If you have questions on viewing 
the docket, call Cheryl Collins, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking

[[Page 57099]]

II. Background Information and Regulatory History

    On August 23, a 300-yard section of retaining wall along the 
Carmeuse facility in River Rouge, MI collapsed, allowing an unknown 
amount of surface materials, including rock and soil to spill into the 
Rouge River. This material has created a hazard to navigation, by 
causing uncertain shifts in the channel depth, and creating a possible 
choke point in the river. The Army Corps of Engineer has conducted 
initial surveys and determined that dredging will be required to 
mitigate these hazards to vessel traffic.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security 
Delegation No. 0170.1. The Captain of the Port Detroit (COTP) has 
determined that the spilled surface materials and dredging operations 
on the Rouge River pose a significant risk to public safety and 
property. Such hazards include potential collisions and groundings.

IV. Discussion of Rule

    This rule establishes a safety zone from 10 a.m. on August 25, 2015 
until 11:59 p.m. on September 24, 2015. The safety zone will encompass 
all waters of the Rouge River, Detroit, MI from the West Jefferson 
Avenue Bridge at 42[deg]16.85' N., 083[deg]07.72' W., proceeding East 
approximately 400-yards to a point mid-river at 42[deg]16.80' N., 
083[deg]07.47' W.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP or a designated 
representative. Vessel operators must contact the COTP or his on-scene 
representative to obtain permission to transit through this safety 
zone.

V. 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.

A. 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 COTP or his on-scene representative.

B. Impact on Small Entities

    As per 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 this portion of the Rouge River near Detroit, MI 
from 10 a.m. August 25, 2015 until 11:59 p.m. September 24, 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 COTP would issue local Broadcast Notice to 
Mariners so vessel owners and operators can plan accordingly.

C. 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.

D. 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).

E. 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.

F. 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.

G. 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.

H. 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.

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

[[Page 57100]]

minimize litigation, eliminate ambiguity, and reduce burden.

J. 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.

K. 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.

L. 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.

M. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

N. 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 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 will be prepared and submitted after publication, and 
will be 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.T09-0835 to read as follows:


Sec.  165.T09-0835  Safety Zone; Dredging, Rouge River, Detroit, MI.

    (a) Location. The following area is a temporary safety zone: All 
U.S. waters of the Rouge River, Detroit, MI from the West Jefferson 
Avenue Bridge at 42[deg]16.85' N., 083[deg]07.72' W., proceeding East 
approximately 400-yards to a point mid-river at 42[deg]16.80' N., 
083[deg]07.47' W.
    (b) Enforcement period. This rule is effective without actual 
notice from September 22, 2015 until 11:59 p.m. on September 24, 2015. 
For the purposes of enforcement, actual notice will be used from 10 
a.m. on August 25, 2015, until September 22, 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 
(COTP), via Sector Detroit Command Center or his on-scene 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP, via the Command Center or his on-scene 
representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State, or local 
law enforcement officer designated by or assisting the COTP to act on 
his behalf.
    (4) Vessel operators must contact the COTP via the Command Center 
to obtain permission to enter or operate within the safety zone. The 
COTP 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 COTP, via the Sector 
Command Center or his on-scene representative.

    Dated: August 25, 2015.
Raymond Negron,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2015-24041 Filed 9-21-15; 8:45 am]
 BILLING CODE 9110-04-P



                                           57098            Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Rules and Regulations

                                           ■ 25. In § 580.80, revise paragraph (e) to              PART 585—RENEWABLE ENERGY                             DEPARTMENT OF HOMELAND
                                           read as follows:                                        AND ALTERNATE USES OF EXISTING                        SECURITY
                                           § 580.80 Paperwork Reduction Act
                                                                                                   FACILITIES ON THE OUTER
                                                                                                   CONTINENTAL SHELF                                     Coast Guard
                                           statement—information collection.
                                           *     *     *     *    *                                                                                      33 CFR Part 165
                                                                                                   ■  30. The authority citation for part 585
                                             (e) Send comments regarding any                       is revised to read as follows:
                                           aspect of the collection of information                                                                       [Docket No. USCG–2015–0835]
                                           under this part, including suggestions                    Authority: Section 104, Public Law 97–
                                           for reducing the burden, to the                         451, 96 Stat. 2451 (30 U.S.C. 1714), Public
                                                                                                   Law 109–432, Div C, Title I, 120 Stat. 3000;          RIN 1625–AA00
                                           Information Collection Clearance
                                           Officer, Bureau of Ocean Energy                         30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C.
                                                                                                                                                         Safety Zone; Dredging, Rouge River,
                                           Management, 45600 Woodland Road,                        1334; 33 U.S.C. 2704, 2716; E.O. 12777, as
                                                                                                                                                         Detroit, MI
                                           Sterling, VA 20166.                                     amended; 43 U.S.C. 1331 et seq., 43 U.S.C.
                                                                                                   1337.
                                                                                                                                                         AGENCY:    Coast Guard, DHS.
                                           PART 581—LEASING OF MINERALS
                                           OTHER THAN OIL, GAS, AND                                ■ 31. In § 585.110, revise paragraph (a)              ACTION:   Temporary final rule.
                                           SULPHUR IN THE OUTER                                    to read as follows:
                                           CONTINENTAL SHELF                                                                                             SUMMARY:   The Coast Guard is
                                                                                                   § 585.110 How do I submit plans,                      establishing a temporary safety zone for
                                                                                                   applications, reports, or notices required by         certain waters of the Rouge River in the
                                           ■  26. The authority citation for part 581              this part?
                                           is revised to read as follows:                                                                                vicinity of Detroit, MI. This zone is
                                                                                                     (a) You must submit all plans,                      intended to restrict and control
                                             Authority: Section 104, Public Law 97–                                                                      movement of vessels in a portion of the
                                           451, 96 Stat. 2451 (30 U.S.C. 1714), Public
                                                                                                   applications, reports, or notices required
                                                                                                   by this part to BOEM at the following                 Rouge River. This zone is necessary to
                                           Law 109–432, Div C, Title I, 120 Stat. 3000;
                                           30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C.               address: Deputy Director, Bureau of                   protect vessels from potential hazards
                                           1334; 33 U.S.C. 2704, 2716; E.O. 12777, as              Ocean Energy Management, 45600                        associated with dredging operations.
                                           amended; 43 U.S.C. 1331 et seq., 43 U.S.C.              Woodland Road, Sterling, VA 20166.                    DATES: This rule is effective without
                                           1337.                                                                                                         actual notice from September 22, 2015
                                                                                                   *     *     *    *     *
                                                                                                                                                         until 11:59 p.m. on September 24, 2015.
                                           ■ 27. In § 581.33, revise the first                     ■ 32. In § 585.114, revise paragraph (d)              For the purposes of enforcement, actual
                                           sentence in paragraph (b) to read as                    to read as follows:                                   notice will be used from 10 a.m. on
                                           follows:                                                                                                      August 25, 2015, until September 22,
                                                                                                   § 585.114 Paperwork Reduction Act
                                           § 581.33 Bonds and bonding                              statements—information collection.                    2015.
                                           requirements.
                                                                                                   *     *     *    *     *                              ADDRESSES:   To view documents
                                           *     *     *    *     *                                                                                      mentioned in this preamble as being
                                                                                                     (d) Comments regarding any aspect of
                                             (b) All bonds to guarantee payment of                 the collections of information under this             available in the docket, go to http://
                                           the deferred portion of the high cash                                                                         www.regulations.gov, type USCG–2015–
                                                                                                   part, including suggestions for reducing
                                           bonus bid furnished by the lessee must                                                                        0835 in the ‘‘SEARCH’’ box and click
                                                                                                   the burden, should be sent to the
                                           be in a form or on a form approved by                                                                         ‘‘SEARCH.’’ Click on Open Docket
                                                                                                   Information Collection Clearance
                                           the Deputy Director. * * *                                                                                    Folder on the line associated with this
                                                                                                   Officer, Bureau of Ocean Energy
                                           *     *     *    *     *                                                                                      rule. You may also visit the Docket
                                                                                                   Management, 45600 Woodland Road,
                                                                                                                                                         Management Facility in Room W12–140
                                           PART 582—OPERATIONS IN THE                              Sterling, VA 20166.                                   on the ground floor of the Department
                                           OUTER CONTINENTAL SHELF FOR                             *     *     *    *     *                              of Transportation West Building, 1200
                                           MINERALS OTHER THAN OIL, GAS,                                                                                 New Jersey Avenue SE., Washington,
                                                                                                   ■ 33. In § 585.115, revise the first
                                           AND SULPHUR                                                                                                   DC 20590, between 9 a.m. and 5 p.m.,
                                                                                                   sentence of paragraph (d) to read as
                                                                                                   follows:                                              Monday through Friday, except Federal
                                           ■  28. The authority citation for part 582                                                                    holidays.
                                           is revised to read as follows:                          § 585.115 Documents incorporated by                   FOR FURTHER INFORMATION CONTACT:      If
                                             Authority: Section 104, Public Law 97–                reference.
                                                                                                                                                         you have questions on this temporary
                                           451, 96 Stat. 2451 (30 U.S.C. 1714), Public             *      *   *     *    *                               final rule, call or email Chief Petty
                                           Law 109–432, Div C, Title I, 120 Stat. 3000;                                                                  Officer Jason Hampton, Prevention
                                           30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C.                  (d) You may inspect these documents
                                                                                                   at the Bureau of Ocean Energy                         Department, Sector Detroit, Coast
                                           1334; 33 U.S.C. 2704, 2716; E.O. 12777, as
                                           amended; 43 U.S.C. 1331 et seq., 43 U.S.C.              Management, 45600 Woodland Road,                      Guard; telephone 313–568–9616, email
                                           1337.                                                   Sterling, VA 20166, 703–787–1605; or at               Jason.E.Hampton@uscg.mil. If you have
                                                                                                   the National Archives and Records                     questions on viewing the docket, call
                                           ■ 29. In § 582.40, revise the first                                                                           Cheryl Collins, Program Manager,
                                           sentence in paragraph (b) to read as                    Administration (NARA). * * *
                                                                                                                                                         Docket Operations, telephone 202–366–
                                           follows:                                                *      *   *     *    *                               9826.
                                                                                                   [FR Doc. 2015–23719 Filed 9–21–15; 8:45 am]
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                                           § 582.40   Bonds.                                       BILLING CODE 4310–MR–P                                SUPPLEMENTARY INFORMATION:
                                           *     *     *    *    *                                                                                       I. Table of Abbreviations
                                             (b) All bonds furnished by a lessee or
                                                                                                                                                         COTP Captain of the Port
                                           operator must be in a form approved by                                                                        DHS Department of Homeland Security
                                           the Deputy Director. * * *                                                                                    NAD 83 North American Datum of 1983
                                           *     *     *    *    *                                                                                       NPRM Notice of Proposed Rulemaking



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                                                            Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Rules and Regulations                                      57099

                                           II. Background Information and                          Office of Management and Budget has                   Ombudsman evaluates these actions
                                           Regulatory History                                      not reviewed it under those Orders.                   annually and rates each agency’s
                                                                                                      We conclude that this rule is not a                responsiveness to small business. If you
                                              On August 23, a 300-yard section of
                                                                                                   significant regulatory action because we              wish to comment on actions by
                                           retaining wall along the Carmeuse                       anticipate that it will have minimal
                                           facility in River Rouge, MI collapsed,                                                                        employees of the Coast Guard, call 1–
                                                                                                   impact on the economy, will not                       888–REG–FAIR (1–888–734–3247). The
                                           allowing an unknown amount of surface                   interfere with other agencies, will not
                                           materials, including rock and soil to                                                                         Coast Guard will not retaliate against
                                                                                                   adversely alter the budget of any grant               entities that question or complain about
                                           spill into the Rouge River. This material               or loan recipients, and will not raise any
                                           has created a hazard to navigation, by                                                                        this rule or any policy or action of the
                                                                                                   novel legal or policy issues. The safety              Coast Guard.
                                           causing uncertain shifts in the channel                 zone created by this rule will be
                                           depth, and creating a possible choke                    relatively small and enforced for a                   D. Collection of Information
                                           point in the river. The Army Corps of                   relatively short time. Under certain
                                           Engineer has conducted initial surveys                                                                          This rule will not call for a new
                                                                                                   conditions, moreover, vessels may still               collection of information under the
                                           and determined that dredging will be                    transit through the safety zone when
                                           required to mitigate these hazards to                                                                         Paperwork Reduction Act of 1995 (44
                                                                                                   permitted by the COTP or his on-scene                 U.S.C. 3501–3520).
                                           vessel traffic.                                         representative.
                                           III. Legal Authority and Need for Rule                                                                        E. Federalism
                                                                                                   B. Impact on Small Entities
                                             The Coast Guard is issuing this rule                                                                           A rule has implications for federalism
                                                                                                     As per the Regulatory Flexibility Act               under Executive Order 13132,
                                           under authority in 33 U.S.C. 1231, 33                   of 1980 (RFA), 5 U.S.C. 601–612, as
                                           CFR 1.05–1 and 160.5; and Department                                                                          Federalism, if it has a substantial direct
                                                                                                   amended, we have considered the                       effect on the States, on the relationship
                                           of Homeland Security Delegation No.                     potential impact of regulations on small
                                           0170.1. The Captain of the Port Detroit                                                                       between the national government and
                                                                                                   entities during rulemaking. The Coast                 the States, or on the distribution of
                                           (COTP) has determined that the spilled                  Guard certifies under 5 U.S.C. 605(b)
                                           surface materials and dredging                                                                                power and responsibilities among the
                                                                                                   that this rule will not have a significant            various levels of government. We have
                                           operations on the Rouge River pose a                    economic impact on a substantial
                                           significant risk to public safety and                                                                         analyzed this rule under that order and
                                                                                                   number of small entities.                             determined that this rule does not have
                                           property. Such hazards include                            This rule will affect the following
                                           potential collisions and groundings.                                                                          implications for federalism.
                                                                                                   entities, some of which might be small
                                           IV. Discussion of Rule                                  entities: The owners or operators of                  F. Protest Activities
                                                                                                   vessels intending to transit or anchor in
                                              This rule establishes a safety zone                  this portion of the Rouge River near                    The Coast Guard respects the First
                                           from 10 a.m. on August 25, 2015 until                   Detroit, MI from 10 a.m. August 25,                   Amendment rights of protesters.
                                           11:59 p.m. on September 24, 2015. The                   2015 until 11:59 p.m. September 24,                   Protesters are asked to contact the
                                           safety zone will encompass all waters of                2015.                                                 person listed in the FOR FURTHER
                                           the Rouge River, Detroit, MI from the                     This safety zone will not have a                    INFORMATION CONTACT section to
                                           West Jefferson Avenue Bridge at                         significant economic impact on a                      coordinate protest activities so that your
                                           42°16.85′ N., 083°07.72′ W., proceeding                 substantial number of small entities for              message can be received without
                                           East approximately 400-yards to a point                 the reasons cited in the Regulatory                   jeopardizing the safety or security of
                                           mid-river at 42°16.80′ N., 083°07.47′ W.                Planning and Review section.                          people, places, or vessels.
                                              Entry into, transiting, or anchoring                 Additionally, before the enforcement of               G. Unfunded Mandates Reform Act
                                           within the safety zone is prohibited                    the zone, the COTP would issue local
                                           unless authorized by the COTP or a                      Broadcast Notice to Mariners so vessel                  The Unfunded Mandates Reform Act
                                           designated representative. Vessel                       owners and operators can plan                         of 1995 (2 U.S.C. 1531–1538) requires
                                           operators must contact the COTP or his                  accordingly.                                          Federal agencies to assess the effects of
                                           on-scene representative to obtain                                                                             their discretionary regulatory actions. In
                                           permission to transit through this safety               C. Assistance for Small Entities                      particular, the Act addresses actions
                                           zone.                                                      Under section 213(a) of the Small                  that may result in the expenditure by a
                                                                                                   Business Regulatory Enforcement                       State, local, or tribal government, in the
                                           V. Regulatory Analyses                                  Fairness Act of 1996 (Pub. L. 104–121),               aggregate, or by the private sector of
                                             We developed this rule after                          we want to assist small entities in                   $100,000,000 (adjusted for inflation) or
                                           considering numerous statutes and                       understanding this rule so that they can              more in any one year. Though this rule
                                           executive orders related to rulemaking.                 better evaluate its effects on them. If the           will not result in such expenditure, we
                                           Below we summarize our analyses                         rule would affect your small business,                do discuss the effects of this rule
                                           based on these statutes and executive                   organization, or governmental                         elsewhere in this preamble.
                                           orders.                                                 jurisdiction and you have questions                   H. Taking of Private Property
                                                                                                   concerning its provisions or options for
                                           A. Regulatory Planning and Review                                                                               This rule will not cause a taking of
                                                                                                   compliance, please contact the person
                                             This rule is not a significant                        listed in the FOR FURTHER INFORMATION                 private property or otherwise have
                                           regulatory action under section 3(f) of                 CONTACT section.                                      taking implications under Executive
                                           Executive Order 12866, Regulatory                          Small businesses may send comments                 Order 12630, Governmental Actions and
                                           Planning and Review, as supplemented                    on the actions of Federal employees                   Interference with Constitutionally
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                                           by Executive Order 13563, Improving                     who enforce, or otherwise determine                   Protected Property Rights.
                                           Regulation and Regulatory Review, and                   compliance with, Federal regulations to
                                                                                                                                                         I. Civil Justice Reform
                                           does not require an assessment of                       the Small Business and Agriculture
                                           potential costs and benefits under                      Regulatory Enforcement Ombudsman                        This rule meets applicable standards
                                           section 6(a)(3) of Order 12866 or under                 and the Regional Small Business                       in sections 3(a) and 3(b)(2) of Executive
                                           section 1 of Executive Order 13563. The                 Regulatory Fairness Boards. The                       Order 12988, Civil Justice Reform, to


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                                           57100            Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Rules and Regulations

                                           minimize litigation, eliminate                          List of Subjects in 33 CFR Part 165                     Dated: August 25, 2015.
                                           ambiguity, and reduce burden.                                                                                 Raymond Negron,
                                                                                                     Harbors, Marine safety, Navigation
                                                                                                   (water), Reporting and recordkeeping                  Commander, U.S. Coast Guard, Acting
                                           J. Protection of Children
                                                                                                                                                         Captain of the Port Detroit.
                                                                                                   requirements, Security measures,
                                             We have analyzed this rule under                      Waterways.                                            [FR Doc. 2015–24041 Filed 9–21–15; 8:45 am]
                                           Executive Order 13045, Protection of                                                                          BILLING CODE 9110–04–P
                                                                                                     For the reasons discussed in the
                                           Children from Environmental Health
                                                                                                   preamble, the Coast Guard amends 33
                                           Risks and Safety Risks. This rule is not
                                                                                                   CFR part 165 as follows:
                                           an economically significant rule and                                                                          ENVIRONMENTAL PROTECTION
                                           does not create an environmental risk to                PART 165—REGULATED NAVIGATION                         AGENCY
                                           health or risk to safety that may                       AREAS AND LIMITED ACCESS AREAS
                                           disproportionately affect children.                                                                           40 CFR Part 81
                                           K. Indian Tribal Governments                            ■ 1. The authority citation for part 165              [EPA–R09–OAR–2015–0608; FRL–9934–51–
                                                                                                   continues to read as follows:                         Region 9]
                                              This rule does not have tribal                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           implications under Executive Order                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                         Designation for Planning Purposes;
                                           13175, Consultation and Coordination                    Department of Homeland Security Delegation            California; PM10; Technical
                                           with Indian Tribal Governments,                         No. 0170.1.                                           Amendment
                                           because it does not have a substantial                                                                        AGENCY:  Environmental Protection
                                                                                                   ■ 2. Add § 165.T09–0835 to read as
                                           direct effect on one or more Indian                                                                           Agency (EPA).
                                                                                                   follows:
                                           tribes, on the relationship between the
                                                                                                                                                         ACTION: Final rule; technical
                                           Federal Government and Indian tribes,                   § 165.T09–0835 Safety Zone; Dredging,
                                                                                                                                                         amendment.
                                           or on the distribution of power and                     Rouge River, Detroit, MI.
                                           responsibilities between the Federal                      (a) Location. The following area is a               SUMMARY:    The Environmental Protection
                                           Government and Indian tribes.                           temporary safety zone: All U.S. waters                Agency (EPA) is making a technical
                                           L. Energy Effects                                       of the Rouge River, Detroit, MI from the              amendment to the Code of Federal
                                                                                                   West Jefferson Avenue Bridge at                       Regulations to restore the inadvertent
                                             This action is not a ‘‘significant                    42°16.85′ N., 083°07.72′ W., proceeding               deletion of the entry for ‘‘Rest of State’’
                                           energy action’’ under Executive Order                   East approximately 400-yards to a point               from the table listing California air
                                           13211, Actions Concerning Regulations                   mid-river at 42°16.80′ N., 083°07.47′ W.              quality planning area designations for
                                           That Significantly Affect Energy Supply,                   (b) Enforcement period. This rule is               particulate matter of ten microns of less
                                           Distribution, or Use.                                   effective without actual notice from                  (PM10).
                                           M. Technical Standards                                  September 22, 2015 until 11:59 p.m. on                DATES: This technical amendment is
                                                                                                   September 24, 2015. For the purposes of               effective on September 22, 2015.
                                             This rule does not use technical                      enforcement, actual notice will be used               FOR FURTHER INFORMATION CONTACT: Jerry
                                           standards. Therefore, we did not                        from 10 a.m. on August 25, 2015, until                Wamsley, EPA Region IX, (415) 947–
                                           consider the use of voluntary consensus                 September 22, 2015.                                   4111, wamsley.jerry@epa.gov.
                                           standards.                                                 (c) Regulations. (1) In accordance with            SUPPLEMENTARY INFORMATION: On March
                                                                                                   the general regulations in § 165.23, entry            19, 2013, the EPA published a direct
                                           N. Environment
                                                                                                   into, transiting, or anchoring within this            final rule amending 40 CFR 81.305 to
                                             We have analyzed this rule under                      safety zone is prohibited unless                      clarify the description of the Imperial
                                           Department of Homeland Security                         authorized by the Captain of the Port                 Valley planning area, an area designated
                                           Management Directive 023–01 and                         Detroit (COTP), via Sector Detroit                    nonattainment for the National Ambient
                                           Commandant Instruction M16475.lD,                       Command Center or his on-scene                        Air Quality Standard (NAAQS) for
                                           which guide the Coast Guard in                          representative.                                       particulate matter of ten microns of less
                                           complying with the National                                (2) The safety zone is closed to all               (PM10) (78 FR 16792). In our March 19,
                                           Environmental Policy Act of 1969                        vessel traffic, except as may be                      2013 direct final rule, we amended the
                                           (NEPA)(42 U.S.C. 4321–4370f), and                       permitted by the COTP, via the                        entry for ‘‘Imperial Valley planning
                                           have concluded this action is one of a                  Command Center or his on-scene                        area’’ but did not intend to amend any
                                           category of actions which do not                        representative.                                       other entry in the table listing PM10 air
                                           individually or cumulatively have a                        (3) The ‘‘on-scene representative’’ of             quality planning area designations for
                                           significant effect on the human                         the COTP is any Coast Guard                           the State of California. We believe,
                                           environment. This rule involves the                     commissioned, warrant or petty officer                however, that the entry appearing
                                           establishment of a safety zone and is                   or a Federal, State, or local law                     directly after the entry for ‘‘Imperial
                                           therefore categorically excluded from                   enforcement officer designated by or                  Valley planning area’’ in the
                                           further review under paragraph 34(g) of                 assisting the COTP to act on his behalf.              ‘‘California-PM–10’’ table and reading
                                           Figure 2–1 of the Commandant                               (4) Vessel operators must contact the              ‘‘Rest of State; 11/15/90; Unclassifiable’’
                                           Instruction. An environmental analysis                  COTP via the Command Center to                        was deleted inadvertently when the
                                           checklist supporting this determination                 obtain permission to enter or operate                 entry for ‘‘Imperial Valley planning
                                           and a Categorical Exclusion                             within the safety zone. The COTP may                  area’’ was amended. For example, see
                                           Determination will be prepared and                      be contacted via VHF Channel 16 or at                 and compare the ‘‘California-PM–10’’
Lhorne on DSK5TPTVN1PROD with RULES




                                           submitted after publication, and will be                313—568–9560. Vessel operators given                  table within the July 1, 2012 version to
                                           available in the docket where indicated                 permission to enter or operate in the                 the July 1, 2013 version of 40 CFR
                                           under ADDRESSES. We seek any                            safety zone must comply with all                      81.305.
                                           comments or information that may lead                   directions given to them by the COTP,                    Consequently, the EPA is publishing
                                           to the discovery of a significant                       via the Sector Command Center or his                  this technical amendment to restore the
                                           environmental impact from this rule.                    on-scene representative.                              ‘‘Rest of State’’ designation entry within


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Document Created: 2015-12-15 09:35:20
Document Modified: 2015-12-15 09:35:20
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 without actual notice from September 22, 2015 until 11:59 p.m. on September 24, 2015. For the purposes of enforcement, actual notice will be used from 10 a.m. on August 25, 2015, until September 22, 2015.
ContactIf you have questions on this temporary final rule, call or email Chief Petty Officer Jason Hampton, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568- 9616, 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 57098 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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