81_FR_40641 81 FR 40521 - Safety Zone; Detroit River Days Air Show, Detroit River, Detroit, MI

81 FR 40521 - Safety Zone; Detroit River Days Air Show, Detroit River, Detroit, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 120 (June 22, 2016)

Page Range40521-40523
FR Document2016-14817

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 movement of vessels in a portion of the Detroit River. This zone is necessary to protect spectators and vessels from potential hazards associated with the Detroit River Days Air Show.

Federal Register, Volume 81 Issue 120 (Wednesday, June 22, 2016)
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40521-40523]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14817]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0460]
RIN 1625-AA00


Safety Zone; Detroit River Days 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 movement of vessels in a portion of 
the Detroit River. This zone is necessary to protect spectators and 
vessels from potential hazards associated with the Detroit River Days 
Air Show.

DATES: This temporary final rule is effective from 12:30 p.m. on June 
24, 2016 until 6:30 p.m. on June 26, 2016.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2016-0460 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, call or email Petty Officer Todd Manow, 
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9508, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 10, 2016, the Tuskegee Airmen National Historical 
Museum submitted an application for a marine event for an aerial 
display spanning three days in conjunction with the Detroit River Days 
Festival on June 24, 25, and 26, 2016. A safety zone is required by the 
Federal Aviation Administration to separate aircraft from persons and 
property on the ground or water's surface for all air shows. For the 
purposes of this event, the Coast Guard is establishing a safety zone 
around the proposed flight path and a standoff zone between the flight 
path and the shore, matching the safety zone created for this same 
event in 2015 [USCG-2015-0491].

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. Having reviewed the application for a marine 
event submitted by the sponsor on February 10, 2016, the Captain of the 
Port Detroit (COTP) has determined that an aircraft aerial display 
proximate to a gathering of watercraft poses a significant risk to 
public safety and property. Such hazards include potential aircraft 
malfunctions, loud noise levels, and waterway distractions. Therefore, 
the COTP is establishing a safety zone around the event location to 
help minimize risks to safety of life and property during this event.
    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 with

[[Page 40522]]

respect to this rule because waiting for a notice and comment period to 
run would be impracticable, unnecessary, and contrary to the public 
interest. Although an initial marine event application was submitted on 
February 10, 2016, final details regarding event area and patrol 
parameters were not known to the Coast Guard with sufficient time for 
the Coast Guard to solicit public comments before the start of the 
event. Thus, delaying the effective date of this rule to wait for a 
notice and comment period to run would be impracticable and contrary to 
the public interest because it would inhibit the Coast Guard's ability 
to protect the public from the hazards associated with this air show.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

IV. Discussion of the Rule

    This rule establishes a safety zone on U.S. waters of the Detroit 
River, Detroit, MI, from a point on shore in Milliken State Park at 
42[deg]19.87' N., 083[deg]01.65' W., proceeding South-Southeast 
approximately 450 yards to a point mid-river corresponding with the 
international boundary at 42[deg]19.67' N., 083[deg]01.57' W., then 
proceeding approximately 1.3 miles West-Southwest along the 
international boundary to a point mid-river at 42[deg]19.28' N., 
083[deg]03.03' W. and then proceeding to a point on shore just west of 
the Joe Lewis Arena at 42[deg]19.45' N., 083[deg]03.17' W., and then 
following the U.S. bank of the Detroit River upstream to the point of 
origin (NAD 83).
    Entry into, transiting, or anchoring within this safety zone is 
prohibited unless authorized by the COTP or his on-scene representative 
on a case-by-case basis. The COTP or his on-scene representative may be 
contacted via VHF Channel 16 to coordinate vessel transits during the 
enforcement period.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.) related to rulemaking. Below we summarize our 
analyses based these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O. 
13563, Improving Regulation and Regulatory Review, and does not require 
an assessment of potential costs and benefits under section 6(a)(3) of 
E.O. 12866 or under section 1 of E.O. 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 duration, and is 
designed to minimize the impact on navigation. Moreover, under certain 
conditions, vessels may still transit through the safety zone when 
permitted by the COTP on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in portions of the Detroit River from 12:30 p.m. to 
6:30 p.m. on June 24, 25 and 26, 2016.
    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 these zones, Coast Guard Sector Detroit will issue a 
local Broadcast Notice to Mariners so vessel owners and operators can 
plan accordingly.
    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 this rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section above. The 
Coast Guard will not retaliate against entities that question or 
complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Tribal Implications

    A rule has implications for federalism under E.O. 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.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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

[[Page 40523]]

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.

G. 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.

H. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

J. Protection of Children

    We have analyzed this rule under E.O. 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. Energy Effects

    This action is not a ``significant energy action'' under E.O. 
13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  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.T09-0460 to read as follows:


Sec.  165.T09-0460  Safety Zone; Detroit River Days Air Show, Detroit 
River, Detroit, MI.

    (a) Location. The following area is a temporary safety zone: All 
U.S. waters of the Detroit River, Detroit, MI from a point on shore in 
Milliken State Park at 42[deg]19.87' N., 083[deg]01.65' W., proceeding 
South-Southeast approximately 450 yards to a point mid-river on the 
international boundary at 42[deg]19.67' N., 083[deg]01.57' N., then 
proceeding approximately 1.3 miles West-Southwest along the 
international boundary to a point mid-river at 42[deg]19.28' N., 
083[deg]03.03' W., and then proceeding to a point on shore immediately 
West of the Joe Lewis arena at 42[deg]19.45' N., 083[deg]03.17' N., and 
then following the U.S. bank of the Detroit River upstream to the point 
of origin (NAD 83).
    (b) Enforcement periods. The safety zone described in paragraph (a) 
of this section will be enforced from 12:30 p.m. until 6:30 p.m. on 
June 24, 25, and 26, 2016.
    (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) or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or his on-scene representative on a case-by-
case basis.
    (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 or his on-scene 
representative to obtain permission to enter or operate within the 
safety zone. 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 COTP or his 
on-scene representative.

    Dated: June 14, 2016.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2016-14817 Filed 6-21-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations                                          40521

                                              computed for the plan year for purposes                   (e) Effective/applicability date. This               313–568–9508, email
                                              of section 300gg–18(b) of title 42, United              section applies to taxable years                       Todd.M.Manow@uscg.mil.
                                              States Code and regulations issued                      beginning after December 31, 2016.                     SUPPLEMENTARY INFORMATION:
                                              under that section (see 45 CFR part 158).               However, taxpayers may rely on this
                                                 (2) Transition rules. The transition                 section for taxable years beginning after              I. Table of Abbreviations
                                              rules in paragraphs (c)(2)(i) and (ii) of               December 31, 2009.                                     CFR Code of Federal Regulations
                                              this section apply solely for the first                                                                        COTP Captain of the Port
                                                                                                      John Dalrymple,
                                              taxable year beginning after December                                                                          DHS Department of Homeland Security
                                                                                                      Deputy Commissioner for Services and                   E.O. Executive Order
                                              31, 2013, and the first taxable year
                                                                                                      Enforcement.                                           FR Federal Register
                                              beginning after December 31, 2014.
                                                                                                        Approved: May 18, 2016.                              NAD 83 North American Datum of 1983
                                                 (i) First taxable year beginning after
                                                                                                      Mark J. Mazur,                                         NPRM Notice of Proposed Rulemaking
                                              December 31, 2013. For the first taxable
                                                                                                      Assistant Secretary of the Treasury (Tax               U.S.C. United States Code
                                              year beginning after December 31, 2013,
                                              the numerator of an organization’s MLR                  Policy).                                               II. Background Information and
                                              is the total premium revenue expended                   [FR Doc. 2016–14784 Filed 6–21–16; 8:45 am]            Regulatory History
                                              on reimbursement for clinical services                  BILLING CODE 4830–01–P
                                                                                                                                                                On February 10, 2016, the Tuskegee
                                              and activities that improve health care                                                                        Airmen National Historical Museum
                                              quality provided to enrollees under its                                                                        submitted an application for a marine
                                              policies for the first taxable year                     DEPARTMENT OF HOMELAND                                 event for an aerial display spanning
                                              beginning after December 31, 2013, and                  SECURITY                                               three days in conjunction with the
                                              the denominator of an organization’s                                                                           Detroit River Days Festival on June 24,
                                              MLR is the organization’s total premium                 Coast Guard
                                                                                                                                                             25, and 26, 2016. A safety zone is
                                              revenue for the first taxable year                                                                             required by the Federal Aviation
                                              beginning after December 31, 2013.                      33 CFR Part 165
                                                                                                                                                             Administration to separate aircraft from
                                                 (ii) First taxable year beginning after              [Docket No. USCG–2016–0460]                            persons and property on the ground or
                                              December 31, 2014. For the first taxable                                                                       water’s surface for all air shows. For the
                                                                                                      RIN 1625–AA00
                                              year beginning after December 31, 2014,                                                                        purposes of this event, the Coast Guard
                                              the numerator of an organization’s MLR                  Safety Zone; Detroit River Days Air                    is establishing a safety zone around the
                                              is the sum of the total premium revenue                 Show, Detroit River, Detroit, MI                       proposed flight path and a standoff zone
                                              expended on reimbursement for clinical                                                                         between the flight path and the shore,
                                              services and activities that improve                    AGENCY:    Coast Guard, DHS.                           matching the safety zone created for this
                                              health care quality provided to enrollees               ACTION:   Temporary final rule.                        same event in 2015 [USCG–2015–0491].
                                              under its policies for the first taxable
                                              year beginning after December 31, 2013,                 SUMMARY:    The Coast Guard is                         III. Legal Authority and Need for Rule
                                              and for the first taxable year beginning                establishing a temporary safety zone on
                                                                                                                                                                The Coast Guard is issuing this rule
                                              after December 31, 2014, and the                        the waters of the Detroit River in the
                                                                                                                                                             under authority in 33 U.S.C. 1231, 33
                                              denominator of an organization’s MLR                    vicinity of Detroit, MI. This zone is
                                                                                                                                                             CFR 1.05–1 and 160.5; and Department
                                              is the sum of the organization’s total                  intended to restrict and control
                                                                                                                                                             of Homeland Security Delegation No.
                                              premium revenue for the first taxable                   movement of vessels in a portion of the
                                                                                                                                                             0170.1. Having reviewed the application
                                              year beginning after December 31, 2013,                 Detroit River. This zone is necessary to
                                                                                                                                                             for a marine event submitted by the
                                              and for the first taxable year beginning                protect spectators and vessels from
                                                                                                                                                             sponsor on February 10, 2016, the
                                              after December 31, 2014.                                potential hazards associated with the
                                                                                                                                                             Captain of the Port Detroit (COTP) has
                                                 (d) Failure to qualify under section                 Detroit River Days Air Show.
                                                                                                                                                             determined that an aircraft aerial
                                              833(c)(5)—(1) In general. If, for any                   DATES: This temporary final rule is                    display proximate to a gathering of
                                              taxable year, an organization’s MLR is                  effective from 12:30 p.m. on June 24,                  watercraft poses a significant risk to
                                              less than 85 percent, then beginning in                 2016 until 6:30 p.m. on June 26, 2016.                 public safety and property. Such
                                              that taxable year and for each                          ADDRESSES: Documents indicated in this                 hazards include potential aircraft
                                              subsequent taxable year for which the                   preamble as being available in the                     malfunctions, loud noise levels, and
                                              organization’s MLR remains less than 85                 docket are part of docket USCG–2016–                   waterway distractions. Therefore, the
                                              percent, paragraphs (d)(1)(i) and (ii) of               0460 and are available online by going                 COTP is establishing a safety zone
                                              this section apply.                                     to www.regulations.gov, type the docket                around the event location to help
                                                 (i) Special deduction. The                           number in the ‘‘SEARCH’’ box and click                 minimize risks to safety of life and
                                              organization is not allowed the special                 ‘‘SEARCH.’’ Click on Open Docket                       property during this event.
                                              deduction set forth in section 833(b).                  Folder on the line associated with this                   The Coast Guard is issuing this
                                                 (ii) Premiums earned. The                            rulemaking. They are also available for                temporary final rule without prior
                                              organization must take into account 80                  inspection or copying at the Docket                    notice and opportunity to comment
                                              percent, rather than 100 percent, of its                Management Facility (M–30), U.S.                       pursuant to authority under section 4(a)
                                              unearned premiums under section                         Department of Transportation, West                     of the Administrative Procedure Act
                                              832(b)(4) as it applies to other non-life               Building Ground floor, Room W12–140,                   (APA) (5 U.S.C. 553(b)). This provision
                                              insurance companies.                                    1200 New Jersey Avenue SE.,                            authorizes an agency to issue a rule
                                                 (2) No material change. An                           Washington, DC 20590, between 9 a.m.                   without prior notice and opportunity to
sradovich on DSK3TPTVN1PROD with RULES




                                              organization’s loss of eligibility for the              and 5 p.m., Monday through Friday,                     comment when the agency for good
                                              treatment provided by sections 833(a)(2)                except Federal holidays.                               cause finds that those procedures are
                                              and (3) solely by reason of section                     FOR FURTHER INFORMATION CONTACT: If                    ‘‘impracticable, unnecessary, or contrary
                                              833(c)(5) will not be treated as a                      you have questions on this temporary                   to the public interest.’’ Under 5 U.S.C.
                                              material change in the operations of                    final rule, call or email Petty Officer                553(b)(B), the Coast Guard finds that
                                              such organization or in its structure for               Todd Manow, Prevention Department,                     good cause exists for not publishing a
                                              purposes of section 833(c)(2)(C).                       Sector Detroit, Coast Guard; telephone                 notice of proposed rulemaking with


                                         VerDate Sep<11>2014   16:06 Jun 21, 2016   Jkt 238001   PO 00000   Frm 00045   Fmt 4700   Sfmt 4700   E:\FR\FM\22JNR1.SGM   22JNR1


                                              40522            Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations

                                              respect to this rule because waiting for                Review, as supplemented by E.O. 13563,                 listed in the FOR FURTHER INFORMATION
                                              a notice and comment period to run                      Improving Regulation and Regulatory                    CONTACT   section above. The Coast Guard
                                              would be impracticable, unnecessary,                    Review, and does not require an                        will not retaliate against entities that
                                              and contrary to the public interest.                    assessment of potential costs and                      question or complain about this rule or
                                              Although an initial marine event                        benefits under section 6(a)(3) of E.O.                 any policy or action of the Coast Guard.
                                              application was submitted on February                   12866 or under section 1 of E.O. 13563.
                                                                                                      The Office of Management and Budget                    C. Collection of Information
                                              10, 2016, final details regarding event
                                              area and patrol parameters were not                     has not reviewed it under those Orders.                  This rule will not call for a new
                                              known to the Coast Guard with                             We conclude that this rule is not a                  collection of information under the
                                              sufficient time for the Coast Guard to                  significant regulatory action because we               Paperwork Reduction Act of 1995 (44
                                              solicit public comments before the start                anticipate that it will have minimal                   U.S.C. 3501–3520).
                                              of the event. Thus, delaying the effective              impact on the economy, will not
                                                                                                                                                             D. Federalism and Tribal Implications
                                              date of this rule to wait for a notice and              interfere with other agencies, will not
                                              comment period to run would be                          adversely alter the budget of any grant                   A rule has implications for federalism
                                              impracticable and contrary to the public                or loan recipients, and will not raise any             under E.O. 13132, Federalism, if it has
                                              interest because it would inhibit the                   novel legal or policy issues. The safety               a substantial direct effect on the States,
                                              Coast Guard’s ability to protect the                    zone created by this rule will be                      on the relationship between the national
                                              public from the hazards associated with                 relatively small and enforced for a                    government and the States, or on the
                                              this air show.                                          relatively short duration, and is                      distribution of power and
                                                Under 5 U.S.C. 553(d)(3), the Coast                   designed to minimize the impact on                     responsibilities among the various
                                              Guard finds that good cause exists for                  navigation. Moreover, under certain                    levels of government. We have analyzed
                                              making this rule effective less than 30                 conditions, vessels may still transit                  this rule under that Order and
                                              days after publication in the Federal                   through the safety zone when permitted                 determined that this rule does not have
                                              Register. For the same reasons                          by the COTP on a case-by-case basis.                   implications for federalism.
                                              discussed in the preceding paragraph,                                                                             Also, this proposed rule does not have
                                                                                                      B. Impact on Small Entities                            tribal implications under E.O. 13175,
                                              waiting for a 30 day notice period to run
                                              would be impracticable and contrary to                     The Regulatory Flexibility Act of                   Consultation and Coordination with
                                              the public interest.                                    1980, 5 U.S.C. 601–612, as amended,                    Indian Tribal Governments, because it
                                                                                                      requires Federal agencies to consider                  would not have a substantial direct
                                              IV. Discussion of the Rule                              the potential impact of regulations on                 effect on one or more Indian tribes, on
                                                 This rule establishes a safety zone on               small entities during rulemaking. The                  the relationship between the Federal
                                              U.S. waters of the Detroit River, Detroit,              term ‘‘small entities’’ comprises small                Government and Indian tribes, or on the
                                              MI, from a point on shore in Milliken                   businesses, not-for-profit organizations               distribution of power and
                                              State Park at 42°19.87′ N., 083°01.65′                  that are independently owned and                       responsibilities between the Federal
                                              W., proceeding South-Southeast                          operated and are not dominant in their                 Government and Indian tribes. If you
                                              approximately 450 yards to a point mid-                 fields, and governmental jurisdictions                 believe this proposed rule has
                                              river corresponding with the                            with populations of less than 50,000.                  implications for federalism or Indian
                                              international boundary at 42°19.67′ N.,                 The Coast Guard certifies under 5 U.S.C.               tribes, please contact the person listed
                                              083°01.57′ W., then proceeding                          605(b) that this proposed rule would not               in the FOR FURTHER INFORMATION
                                              approximately 1.3 miles West-                           have a significant economic impact on                  CONTACT section above.
                                              Southwest along the international                       a substantial number of small entities.
                                                                                                         This rule will affect the following                 E. Unfunded Mandates Reform Act
                                              boundary to a point mid-river at
                                              42°19.28′ N., 083°03.03′ W. and then                    entities, some of which might be small                   The Unfunded Mandates Reform Act
                                              proceeding to a point on shore just west                entities: The owners or operators of                   of 1995 (2 U.S.C. 1531–1538) requires
                                              of the Joe Lewis Arena at 42°19.45′ N.,                 vessels intending to transit or anchor in              Federal agencies to assess the effects of
                                              083°03.17′ W., and then following the                   portions of the Detroit River from 12:30               their discretionary regulatory actions. In
                                              U.S. bank of the Detroit River upstream                 p.m. to 6:30 p.m. on June 24, 25 and 26,               particular, the Act addresses actions
                                              to the point of origin (NAD 83).                        2016.                                                  that may result in the expenditure by a
                                                 Entry into, transiting, or anchoring                    This safety zone will not have a                    State, local, or tribal government, in the
                                              within this safety zone is prohibited                   significant economic impact on a                       aggregate, or by the private sector of
                                              unless authorized by the COTP or his                    substantial number of small entities for               $100,000,000 (adjusted for inflation) or
                                              on-scene representative on a case-by-                   the reasons cited in the Regulatory                    more in any one year. Though this rule
                                              case basis. The COTP or his on-scene                    Planning and Review section.                           will not result in such expenditure, we
                                              representative may be contacted via                     Additionally, before the enforcement of                do discuss the effects of this rule
                                              VHF Channel 16 to coordinate vessel                     these zones, Coast Guard Sector Detroit                elsewhere in this preamble.
                                              transits during the enforcement period.                 will issue a local Broadcast Notice to
                                                                                                      Mariners so vessel owners and operators                F. Environment
                                              V. Regulatory Analyses                                  can plan accordingly.                                    We have analyzed this rule under
                                                We developed this rule after                             Under section 213(a) of the Small                   Department of Homeland Security
                                              considering numerous statutes and                       Business Regulatory Enforcement                        Management Directive 023–01 and
                                              executive orders (E.O.) related to                      Fairness Act of 1996 (Pub. L. 104–121),                Commandant Instruction M16475.lD,
                                              rulemaking. Below we summarize our                      we want to assist small entities in                    which guide the Coast Guard in
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                                              analyses based these statutes or                        understanding this rule so that they can               complying with the National
                                              executive orders.                                       better evaluate its effects on them. If this           Environmental Policy Act of 1969
                                                                                                      rule would affect your small business,                 (NEPA)(42 U.S.C. 4321–4370f), and
                                              A. Regulatory Planning and Review                       organization, or governmental                          have concluded this action is one of a
                                                This rule is not a significant                        jurisdiction and you have questions                    category of actions which do not
                                              regulatory action under section 3(f) of                 concerning its provisions or options for               individually or cumulatively have a
                                              E.O. 12866, Regulatory Planning and                     compliance, please contact the person                  significant effect on the human


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                                                               Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations                                                40523

                                              environment. This rule involves the                     PART 165—REGULATED NAVIGATION                            Dated: June 14, 2016.
                                              establishment of a safety zone and is                   AREAS AND LIMITED ACCESS AREAS                         Scott B. Lemasters,
                                              therefore categorically excluded from                                                                          Captain, U.S. Coast Guard, Captain of the
                                              further review under paragraph 34(g) of                 ■ 1. The authority citation for part 165               Port Detroit.
                                              Figure 2–1 of the Commandant                            continues to read as follows:                          [FR Doc. 2016–14817 Filed 6–21–16; 8:45 am]
                                              Instruction. An environmental analysis                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            BILLING CODE 9110–04–P
                                              checklist supporting this determination                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              and a Categorical Exclusion                             Department of Homeland Security Delegation
                                              Determination are available in the                      No. 0170.1.                                            DEPARTMENT OF VETERANS
                                              docket where indicated under                                                                                   AFFAIRS
                                              ADDRESSES. We seek any comments or
                                                                                                      ■ 2. Add § 165.T09–0460 to read as
                                              information that may lead to the                        follows:
                                                                                                                                                             38 CFR Parts 36 and 42
                                              discovery of a significant environmental                § 165.T09–0460 Safety Zone; Detroit River              RIN 2900–AP78
                                              impact from this rule.                                  Days Air Show, Detroit River, Detroit, MI.
                                              G. Protest Activities                                      (a) Location. The following area is a               Federal Civil Penalties Adjustment Act
                                                                                                      temporary safety zone: All U.S. waters                 Amendments
                                                The Coast Guard respects the First                    of the Detroit River, Detroit, MI from a
                                              Amendment rights of protesters.                                                                                AGENCY:    Department of Veterans Affairs.
                                                                                                      point on shore in Milliken State Park at
                                              Protesters are asked to contact the                                                                            ACTION:   Interim final rule.
                                                                                                      42°19.87′ N., 083°01.65′ W., proceeding
                                              person listed in the FOR FURTHER                        South-Southeast approximately 450                      SUMMARY:    The Federal Civil Monetary
                                              INFORMATION CONTACT section to                          yards to a point mid-river on the                      Penalties Act of 1990, as amended by
                                              coordinate protest activities so that your              international boundary at 42°19.67′ N.,                the Federal Civil Penalties Inflation
                                              message can be received without                         083°01.57′ N., then proceeding                         Adjustment Act Improvements Act of
                                              jeopardizing the safety or security of                  approximately 1.3 miles West-                          2015, sets forth a formula increasing the
                                              people, places, or vessels.                             Southwest along the international                      maximum statutory amounts for civil
                                              H. Taking of Private Property                           boundary to a point mid-river at                       monetary penalties and requires federal
                                                                                                      42°19.28′ N., 083°03.03′ W., and then                  agencies to give notice of the new
                                                This rule will not cause a taking of                  proceeding to a point on shore                         maximum amounts by regulation.
                                              private property or otherwise have                      immediately West of the Joe Lewis arena                Accordingly, this document gives notice
                                              taking implications under E.O. 12630,                   at 42°19.45′ N., 083°03.17′ N., and then               that the Department of Veterans Affairs
                                              Governmental Actions and Interference                   following the U.S. bank of the Detroit                 (VA) is increasing maximum civil
                                              with Constitutionally Protected Property                River upstream to the point of origin                  monetary penalties from $10,000 to
                                              Rights.                                                 (NAD 83).                                              $21,563 for false loan guaranty
                                                                                                         (b) Enforcement periods. The safety                 certifications and from $5,500 to
                                              I. Civil Justice Reform
                                                                                                      zone described in paragraph (a) of this                $10,781 for fraudulent claims or
                                                 This rule meets applicable standards                 section will be enforced from 12:30 p.m.               fraudulent statements in any VA
                                              in sections 3(a) and 3(b)(2) of E.O.                    until 6:30 p.m. on June 24, 25, and 26,                program.
                                              12988, Civil Justice Reform, to minimize                2016.                                                  DATES: Effective Date: This interim final
                                              litigation, eliminate ambiguity, and                       (c) Regulations. (1) In accordance with             rule is effective June 22, 2016.
                                              reduce burden.                                          the general regulations in § 165.23, entry                Comment Date: Comments must be
                                                                                                      into, transiting, or anchoring within this             received on or before August 22, 2016.
                                              J. Protection of Children                               safety zone is prohibited unless                       ADDRESSES: Written comments may be
                                                We have analyzed this rule under E.O.                 authorized by the Captain of the Port                  submitted through
                                              13045, Protection of Children from                      Detroit (COTP) or his on-scene                         www.Regulations.gov; by mail or hand-
                                              Environmental Health Risks and Safety                   representative.                                        delivery to Director, Regulation Policy
                                              Risks. This rule is not an economically                    (2) The safety zone is closed to all                and Management (02REG), Department
                                              significant rule and does not create an                 vessel traffic, except as may be                       of Veterans Affairs, 810 Vermont Ave.
                                              environmental risk to health or risk to                 permitted by the COTP or his on-scene                  NW., Room 1068, Washington, DC
                                              safety that may disproportionately affect               representative on a case-by-case basis.                20420; or by fax to (202) 273–9026.
                                              children.                                                  (3) The ‘‘on-scene representative’’ of              Comments should indicate that they are
                                                                                                      the COTP is any Coast Guard                            submitted in response to ‘‘RIN 2900–
                                              K. Energy Effects                                       commissioned, warrant or petty officer                 AP78, Federal Civil Penalties
                                                This action is not a ‘‘significant                    or a Federal, State, or local law                      Adjustment Act Amendments.’’ Copies
                                              energy action’’ under E.O. 13211,                       enforcement officer designated by or                   of comments received will be available
                                              Actions Concerning Regulations That                     assisting the COTP to act on his behalf.               for public inspection in the Office of
                                              Significantly Affect Energy Supply,                        (4) Vessel operators must contact the               Regulation Policy and Management,
                                              Distribution, or Use.                                   COTP or his on-scene representative to                 Room 1068, between the hours of 8:00
                                                                                                      obtain permission to enter or operate                  a.m. and 4:30 p.m., Monday through
                                              List of Subjects in 33 CFR Part 165                     within the safety zone. The Captain of                 Friday (except holidays). Please call
                                                                                                      the Port Detroit or his on-scene                       (202) 461–4902 (this is not a toll-free
                                                Harbors, Marine safety, Navigation
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                                                                                                      representative may be contacted via                    number) for an appointment. In
                                              (water), Reporting and record keeping                                                                          addition, during the comment period,
                                                                                                      VHF Channel 16 or at 313–568–9560.
                                              requirements, Security measures,                                                                               comments may be viewed online
                                                                                                      Vessel operators given permission to
                                              Waterways.                                                                                                     through the Federal Docket Management
                                                                                                      enter or operate in the safety zone must
                                                For the reasons discussed in the                      comply with all directions given to                    System (FDMS) at www.Regulations.gov.
                                              preamble, the Coast Guard amends 33                     them by the COTP or his on-scene                       FOR FURTHER INFORMATION CONTACT: Bill
                                              CFR part 165 as follows:                                representative.                                        Russo, Director, Office of Regulations


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Document Created: 2016-06-22 01:06:24
Document Modified: 2016-06-22 01:06:24
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 temporary final rule is effective from 12:30 p.m. on June 24, 2016 until 6:30 p.m. on June 26, 2016.
ContactIf you have questions on this temporary final rule, call or email Petty Officer Todd Manow, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568- 9508, email [email protected]
FR Citation81 FR 40521 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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