82_FR_15366 82 FR 15308 - Safety Zone; Roar on the River Fireworks, Detroit River, Trenton Channel, Trenton, MI

82 FR 15308 - Safety Zone; Roar on the River Fireworks, Detroit River, Trenton Channel, Trenton, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 58 (March 28, 2017)

Page Range15308-15310
FR Document2017-06086

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Detroit River. This action is necessary to provide for the safety of life on these navigable waters near Elizabeth Park, Trenton, MI, during a fireworks display on July 14, 2017. If inclement weather, this event will take place on July 15, 2017. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Detroit or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 58 (Tuesday, March 28, 2017)
[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Proposed Rules]
[Pages 15308-15310]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06086]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0216]
RIN 1625-AA08


Safety Zone; Roar on the River Fireworks, Detroit River, Trenton 
Channel, Trenton, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of the Detroit River. This action is necessary to 
provide for the safety of life on these navigable waters near Elizabeth 
Park, Trenton, MI, during a fireworks display on July 14, 2017. If 
inclement weather, this event will take place on July 15, 2017. This 
proposed rulemaking would prohibit persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port Detroit or 
a designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 27, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0216 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email call or email Tracy Girard, 
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9564, or email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On February 16, 2017, Great Lakes Firewoks, LLC., notified the 
Coast Guard that it will be conducting a fireworks display from 10 to 
10:30 p.m. on July 14, 2017. In the event of inclement weather the 
fireworks display will be on July 15, 2017. The fireworks are to be 
launched from a barge off Elizabeth Park, Trenton, MI. Hazards from 
firework displays include accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris. The Captain of the 
Port Detroit (COTP) has determined that potential hazards associated 
with the fireworks to be used in this display would be a safety concern 
for anyone within a 350 foot radius of the fireworks barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 350-foot radius of the fireworks 
barge, during, and after the scheduled event. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 10 to 10:30 p.m. 
on July 14, 2017. In the event of inclement weather, the fireworks 
display will be on July 15, 2017. The safety zone would cover all 
navigable waters within 350 feet of the fireworks launch site on the 
Detroit River, Trenton Channel, Trenton, MI. The duration of the zone 
is intended to ensure the safety of vessels and these navigable waters 
before, during, and after the scheduled 10 to 10:30 p.m. fireworks 
display. No vessel or person would be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    This NPRM has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget. As this rule is 
not a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See OMB's Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory 
Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone which would 
impact a small designated area of the Detroit River less than 1 hour 
during the evening when vessel traffic is normally low. Moreover, the 
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow vessels to 
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on

[[Page 15309]]

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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed rule. 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 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.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a safety 
zone lasting less than 1 hour that would prohibit entry within 350 feet 
of the fireworks barge. Normally such actions are categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary environmental analysis 
checklist and 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 proposed 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.

Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 33 CFR parts 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.T09-0216 to read as follows:

[[Page 15310]]

Sec.  165.T09-0216  Safety Zone; Roar on the River Fireworks, Detroit 
River, Trenton, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of Detroit River, Trenton Channel, Trenton, MI, within 
a 350-ft radius of fireworks barge in position 42[deg]07.812' N., 
083[deg]10.446 W. (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) will be enforced from 10 through 10:30 p.m. on July 14, 2017. In 
the event of inclement weather the regulated area will be enforced from 
10 through 10:30 p.m. on July 15, 2017.
    (c) Regulations.
    (1) No vessel or person may enter, transit through, or anchor 
within the safety zone unless authorized by the Captain of the Port 
Detroit, or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant or petty officer or 
Federal, State, or local law enforcement officer designated by or 
assisting the Captain of the Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the Captain of the Port Detroit 
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 313-568-9564. 
Vessel operators given permission to enter or operate in the regulated 
area must comply with all directions given to them by the Captain of 
the Port Detroit or his on-scene representative.

    Dated: March 22, 2017.
Scott B. Lemasters,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-06086 Filed 3-27-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                  15308                    Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Proposed Rules

                                                    That airspace extending upward from 700               www.regulations.gov. See the ‘‘Public                 permission from the COTP or a
                                                  feet above the surface within a 6.3-mile                Participation and Request for                         designated representative. The
                                                  radius of Murray Field Airport, and within              Comments’’ portion of the                             regulatory text we are proposing appears
                                                  6.3 miles east of the Murray Field Airport              SUPPLEMENTARY INFORMATION section for                 at the end of this document.
                                                  217° bearing extending from the 6.3-mile
                                                  radius to 23 miles southwest of the airport.
                                                                                                          further instructions on submitting                    IV. Regulatory Analyses
                                                                                                          comments.
                                                  AWP CA E5 Fortuna, CA [Modified]                                                                                We developed this proposed rule after
                                                                                                          FOR FURTHER INFORMATION CONTACT: If
                                                  Rohnerville Airport, CA                                                                                       considering numerous statutes and
                                                                                                          you have questions about this proposed                Executive orders related to rulemaking.
                                                    (Lat. 40°33′14″ N., long. 124°07′58″ W.)
                                                                                                          rulemaking, call or email call or email               Below we summarize our analyses
                                                    That airspace extending upward from 700               Tracy Girard, Prevention Department,
                                                  feet above the surface within a 2.7 mile                                                                      based on a number of these statutes and
                                                                                                          Sector Detroit, Coast Guard; telephone                Executive orders and we discuss First
                                                  radius of Rohnerville Airport, and within 1.8
                                                  miles each side of the 326° bearing from the            313–568–9564, or email                                Amendment rights of protestors.
                                                  airport extending from the 2.7 mile radius to           Tracy.M.Girard@uscg.mil.
                                                  7 miles northwest of the airport, and within            SUPPLEMENTARY INFORMATION:                            A. Regulatory Planning and Review
                                                  1.1-miles each side of the 307° bearing from                                                                     Executive Orders 12866 and 13563
                                                  the airport extending from the 2.7 mile radius          I. Table of Abbreviations
                                                                                                                                                                direct agencies to assess the costs and
                                                  to 5.2 miles west of the airport, and within            CFR Code of Federal Regulations                       benefits of available regulatory
                                                  1.1-miles each side of the 113° bearing from            DHS Department of Homeland Security
                                                  the airport extending from the 2.7 mile radius
                                                                                                                                                                alternatives and, if regulation is
                                                                                                          FR Federal Register
                                                  to 6.1 miles southeast of the airport.                  NPRM Notice of proposed rulemaking
                                                                                                                                                                necessary, to select regulatory
                                                                                                          § Section                                             approaches that maximize net benefits.
                                                    Issued in Seattle, Washington, on March                                                                     Executive Order 13563 emphasizes the
                                                  13, 2017.                                               U.S.C. United States Code
                                                                                                          COTP Captain of the Port                              importance of quantifying both costs
                                                  Mindy Wright,                                                                                                 and benefits, of reducing costs, of
                                                  Acting Manager, Operations Support Group,               II. Background, Purpose, and Legal                    harmonizing rules, and of promoting
                                                  Western Service Center.                                 Basis                                                 flexibility. Executive Order 13771
                                                  [FR Doc. 2017–05993 Filed 3–27–17; 8:45 am]                On February 16, 2017, Great Lakes                  (‘‘Reducing Regulation and Controlling
                                                  BILLING CODE 4910–13–P                                  Firewoks, LLC., notified the Coast                    Regulatory Costs’’), directs agencies to
                                                                                                          Guard that it will be conducting a                    reduce regulation and control regulatory
                                                                                                          fireworks display from 10 to 10:30 p.m.               costs and provides that ‘‘for every one
                                                  DEPARTMENT OF HOMELAND                                  on July 14, 2017. In the event of                     new regulation issued, at least two prior
                                                  SECURITY                                                inclement weather the fireworks display               regulations be identified for elimination,
                                                                                                          will be on July 15, 2017. The fireworks               and that the cost of planned regulations
                                                  Coast Guard                                             are to be launched from a barge off                   be prudently managed and controlled
                                                                                                          Elizabeth Park, Trenton, MI. Hazards                  through a budgeting process.’’
                                                  33 CFR Part 165                                         from firework displays include                           This NPRM has not been designated
                                                                                                          accidental discharge of fireworks,                    a ‘‘significant regulatory action,’’ under
                                                  [Docket Number USCG–2017–0216]
                                                                                                          dangerous projectiles, and falling hot                Executive Order 12866. Accordingly,
                                                  RIN 1625–AA08                                           embers or other debris. The Captain of                the NPRM has not been reviewed by the
                                                                                                          the Port Detroit (COTP) has determined                Office of Management and Budget. As
                                                  Safety Zone; Roar on the River                          that potential hazards associated with                this rule is not a significant regulatory
                                                  Fireworks, Detroit River, Trenton                       the fireworks to be used in this display              action, this rule is exempt from the
                                                  Channel, Trenton, MI                                    would be a safety concern for anyone                  requirements of Executive Order 13771.
                                                  AGENCY:   Coast Guard, DHS.                             within a 350 foot radius of the fireworks             See OMB’s Memorandum titled
                                                                                                          barge.                                                ‘‘Interim Guidance Implementing
                                                  ACTION:   Notice of proposed rulemaking.                   The purpose of this rulemaking is to               Section 2 of the Executive Order of
                                                  SUMMARY:    The Coast Guard proposes to                 ensure the safety of vessels and the                  January 30, 2017 titled ‘Reducing
                                                  establish a temporary safety zone for                   navigable waters within a 350-foot                    Regulation and Controlling Regulatory
                                                  certain waters of the Detroit River. This               radius of the fireworks barge, during,                Costs’ ’’ (February 2, 2017).
                                                  action is necessary to provide for the                  and after the scheduled event. The Coast                 This regulatory action determination
                                                  safety of life on these navigable waters                Guard proposes this rulemaking under                  is based on the size, location, duration,
                                                  near Elizabeth Park, Trenton, MI, during                authority in 33 U.S.C. 1231.                          and time-of-day of the safety zone.
                                                  a fireworks display on July 14, 2017. If                                                                      Vessel traffic would be able to safely
                                                                                                          III. Discussion of Proposed Rule
                                                  inclement weather, this event will take                                                                       transit around this safety zone which
                                                                                                             The COTP proposes to establish a                   would impact a small designated area of
                                                  place on July 15, 2017. This proposed                   safety zone from 10 to 10:30 p.m. on
                                                  rulemaking would prohibit persons and                                                                         the Detroit River less than 1 hour during
                                                                                                          July 14, 2017. In the event of inclement              the evening when vessel traffic is
                                                  vessels from being in the safety zone                   weather, the fireworks display will be
                                                  unless authorized by the Captain of the                                                                       normally low. Moreover, the Coast
                                                                                                          on July 15, 2017. The safety zone would               Guard would issue a Broadcast Notice to
                                                  Port Detroit or a designated                            cover all navigable waters within 350
                                                  representative. We invite your                                                                                Mariners via VHF–FM marine channel
                                                                                                          feet of the fireworks launch site on the
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  comments on this proposed rulemaking.                                                                         16 about the zone, and the rule would
                                                                                                          Detroit River, Trenton Channel,                       allow vessels to seek permission to enter
                                                  DATES: Comments and related material                    Trenton, MI. The duration of the zone                 the zone.
                                                  must be received by the Coast Guard on                  is intended to ensure the safety of
                                                  or before April 27, 2017.                               vessels and these navigable waters                    B. Impact on Small Entities
                                                  ADDRESSES: You may submit comments                      before, during, and after the scheduled                 The Regulatory Flexibility Act of
                                                  identified by docket number USCG–                       10 to 10:30 p.m. fireworks display. No                1980, 5 U.S.C. 601–612, as amended,
                                                  2017–0216 using the Federal                             vessel or person would be permitted to                requires Federal agencies to consider
                                                  eRulemaking Portal at http://                           enter the safety zone without obtaining               the potential impact of regulations on


                                             VerDate Sep<11>2014   16:14 Mar 27, 2017   Jkt 241001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\28MRP1.SGM   28MRP1


                                                                          Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Proposed Rules                                            15309

                                                  small entities during rulemaking. The                   Coordination with Indian Tribal                       jeopardizing the safety or security of
                                                  term ‘‘small entities’’ comprises small                 Governments, because it would not have                people, places, or vessels.
                                                  businesses, not-for-profit organizations                a substantial direct effect on one or
                                                                                                                                                                Public Participation and Request for
                                                  that are independently owned and                        more Indian tribes, on the relationship
                                                                                                                                                                Comments
                                                  operated and are not dominant in their                  between the Federal Government and
                                                  fields, and governmental jurisdictions                  Indian tribes, or on the distribution of                 We view public participation as
                                                  with populations of less than 50,000.                   power and responsibilities between the                essential to effective rulemaking, and
                                                  The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                 will consider all comments and material
                                                  605(b) that this proposed rule would not                If you believe this proposed rule has                 received during the comment period.
                                                  have a significant economic impact on                   implications for federalism or Indian                 Your comment can help shape the
                                                  a substantial number of small entities.                 tribes, please contact the person listed              outcome of this rulemaking. If you
                                                     While some owners or operators of                    in the FOR FURTHER INFORMATION                        submit a comment, please include the
                                                  vessels intending to transit the safety                 CONTACT section.                                      docket number for this rulemaking,
                                                  zone may be small entities, for the                                                                           indicate the specific section of this
                                                  reasons stated in section IV.A above this               E. Unfunded Mandates Reform Act                       document to which each comment
                                                  proposed rule would not have a                             The Unfunded Mandates Reform Act                   applies, and provide a reason for each
                                                  significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires                 suggestion or recommendation.
                                                  vessel owner or operator.                               Federal agencies to assess the effects of                We encourage you to submit
                                                     If you think that your business,                     their discretionary regulatory actions. In            comments through the Federal
                                                  organization, or governmental                           particular, the Act addresses actions                 eRulemaking Portal at http://
                                                  jurisdiction qualifies as a small entity                that may result in the expenditure by a               www.regulations.gov. If your material
                                                  and that this rule would have a                         State, local, or tribal government, in the            cannot be submitted using http://
                                                  significant economic impact on it,                      aggregate, or by the private sector of                www.regulations.gov, contact the person
                                                  please submit a comment (see                            $100,000,000 (adjusted for inflation) or              in the FOR FURTHER INFORMATION
                                                  ADDRESSES) explaining why you think it                  more in any one year. Though this                     CONTACT section of this document for
                                                  qualifies and how and to what degree                    proposed rule would not result in such                alternate instructions.
                                                  this rule would economically affect it.                 an expenditure, we do discuss the                        We accept anonymous comments. All
                                                     Under section 213(a) of the Small                    effects of this rule elsewhere in this                comments received will be posted
                                                  Business Regulatory Enforcement                         preamble.                                             without change to http://
                                                  Fairness Act of 1996 (Pub. L. 104–121),                                                                       www.regulations.gov and will include
                                                  we want to assist small entities in                     F. Environment                                        any personal information you have
                                                  understanding this proposed rule. If the                                                                      provided. For more about privacy and
                                                                                                            We have analyzed this proposed rule
                                                  rule would affect your small business,                                                                        the docket, you may review a Privacy
                                                                                                          under Department of Homeland
                                                  organization, or governmental                                                                                 Act notice regarding the Federal Docket
                                                                                                          Security Management Directive 023–01
                                                  jurisdiction and you have questions                                                                           Management System in the March 24,
                                                                                                          and Commandant Instruction
                                                  concerning its provisions or options for                                                                      2005, issue of the Federal Register (70
                                                                                                          M16475.lD, which guide the Coast
                                                  compliance, please contact the person                                                                         FR 15086).
                                                                                                          Guard in complying with the National
                                                  listed in the FOR FURTHER INFORMATION                                                                            Documents mentioned in this NPRM
                                                                                                          Environmental Policy Act of 1969 (42
                                                  CONTACT section. The Coast Guard will                                                                         as being available in the docket, and all
                                                                                                          U.S.C. 4321–4370f), and have made a
                                                  not retaliate against small entities that                                                                     public comments, will be in our online
                                                                                                          preliminary determination that this
                                                  question or complain about this                                                                               docket at http://www.regulations.gov
                                                                                                          action is one of a category of actions that
                                                  proposed rule or any policy or action of                                                                      and can be viewed by following that
                                                                                                          do not individually or cumulatively
                                                  the Coast Guard.                                                                                              Web site’s instructions. Additionally, if
                                                                                                          have a significant effect on the human
                                                  C. Collection of Information                            environment. This proposed rule                       you go to the online docket and sign up
                                                                                                          involves a safety zone lasting less than              for email alerts, you will be notified
                                                    This proposed rule would not call for
                                                                                                          1 hour that would prohibit entry within               when comments are posted or a final
                                                  a new collection of information under
                                                                                                          350 feet of the fireworks barge.                      rule is published.
                                                  the Paperwork Reduction Act of 1995
                                                  (44 U.S.C. 3501–3520).                                  Normally such actions are categorically               List of Subjects in 33 CFR Part 165
                                                                                                          excluded from further review under
                                                  D. Federalism and Indian Tribal                         paragraph 34(g) of Figure 2–1 of                        Harbors, Marine safety, Navigation
                                                  Governments                                             Commandant Instruction M16475.lD. A                   (water), Reporting and recordkeeping
                                                     A rule has implications for federalism               preliminary environmental analysis                    requirements, Security measures,
                                                  under Executive Order 13132,                            checklist and Categorical Exclusion                   Waterways.
                                                  Federalism, if it has a substantial direct              Determination are available in the                      For the reasons discussed in the
                                                  effect on the States, on the relationship               docket where indicated under                          preamble, the Coast Guard proposes to
                                                  between the national government and                     ADDRESSES. We seek any comments or                    amend 33 CFR parts 165 as follows:
                                                  the States, or on the distribution of                   information that may lead to the
                                                  power and responsibilities among the                    discovery of a significant environmental              PART 165—REGULATED NAVIGATION
                                                  various levels of government. We have                   impact from this proposed rule.                       AREAS AND LIMITED ACCESS AREAS
                                                  analyzed this proposed rule under that
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          G. Protest Activities                                 ■ 1. The authority citation for part 165
                                                  Order and have determined that it is
                                                                                                            The Coast Guard respects the First                  continues to read as follows:
                                                  consistent with the fundamental
                                                  federalism principles and preemption                    Amendment rights of protesters.                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  requirements described in Executive                     Protesters are asked to contact the                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  Order 13132.                                            person listed in the FOR FURTHER                      Department of Homeland Security Delegation
                                                                                                                                                                No. 0170.1.
                                                     Also, this proposed rule does not have               INFORMATION CONTACT section to
                                                  tribal implications under Executive                     coordinate protest activities so that your            ■ 2. Add § 165.T09–0216 to read as
                                                  Order 13175, Consultation and                           message can be received without                       follows:


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                                                  15310                    Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Proposed Rules

                                                  § 165.T09–0216 Safety Zone; Roar on the                 ENVIRONMENTAL PROTECTION                              identification to enter (see
                                                  River Fireworks, Detroit River, Trenton, MI.            AGENCY                                                SUPPLEMENTARY INFORMATION      section for
                                                     (a) Location. A safety zone is                                                                             additional information on this location).
                                                                                                          40 CFR Parts 50 and 51                                Comments. Submit your comments,
                                                  established to include all U.S. navigable
                                                  waters of Detroit River, Trenton                        [EPA–HQ–OAR–2016–0596; FRL–9960–38–                   identified by Docket ID No. EPA–HQ–
                                                                                                          OAR]                                                  OAR–2016–0596, at: http://
                                                  Channel, Trenton, MI, within a 350-ft
                                                                                                                                                                www.regulations.gov. Follow the online
                                                  radius of fireworks barge in position                   RIN 2060–AT22                                         instructions for submitting comments.
                                                  42°07.812′ N., 083°10.446 W. (NAD 83).                                                                        Once submitted, comments cannot be
                                                     (b) Enforcement period. The regulated                Response to December 9, 2013, Clean
                                                                                                                                                                edited or removed from Regulations.gov.
                                                  area described in paragraph (a) will be                 Air Act Section 176A Petition From
                                                                                                                                                                The EPA may publish any comment
                                                                                                          Connecticut, Delaware, Maryland,
                                                  enforced from 10 through 10:30 p.m. on                                                                        received to its public docket. Do not
                                                                                                          Massachusetts, New Hampshire, New
                                                  July 14, 2017. In the event of inclement                                                                      submit electronically any information
                                                                                                          York, Pennsylvania, Rhode Island and
                                                  weather the regulated area will be                                                                            you consider to be Confidential
                                                                                                          Vermont
                                                  enforced from 10 through 10:30 p.m. on                                                                        Business Information (CBI) or other
                                                  July 15, 2017.                                          AGENCY: Environmental Protection                      information whose disclosure is
                                                                                                          Agency (EPA).                                         restricted by statute. Multimedia
                                                     (c) Regulations.
                                                                                                          ACTION: Notice of public hearing and                  submissions (audio, video, etc.) must be
                                                     (1) No vessel or person may enter,                   extension of comment period.                          accompanied by a written comment.
                                                  transit through, or anchor within the                                                                         The written comment is considered the
                                                  safety zone unless authorized by the                    SUMMARY:    Due to inclement weather in               official comment and should include
                                                  Captain of the Port Detroit, or his on-                 the Washington, DC, area, the                         discussion of all points you wish to
                                                  scene representative.                                   Environmental Protection Agency (EPA)                 make. The EPA will generally not
                                                                                                          is announcing it has rescheduled the                  consider comments or comment
                                                     (2) The safety zone is closed to all
                                                                                                          hearing date and extended the public                  contents located outside of the primary
                                                  vessel traffic, except as may be
                                                                                                          comment period for the proposed action                submission (i.e., on the Web, Cloud or
                                                  permitted by the Captain of the Port                    titled, ‘‘Response to December 9, 2013,
                                                  Detroit or his on-scene representative.                                                                       other file sharing system). For
                                                                                                          Clean Air Act Section 176A Petition                   additional submission methods, the full
                                                     (3) The ‘‘on-scene representative’’ of               from Connecticut, Delaware, Maryland,                 EPA public comment policy,
                                                  the Captain of the Port Detroit is any                  Massachusetts, New Hampshire, New                     information about CBI or multimedia
                                                  Coast Guard commissioned, warrant or                    York, Pennsylvania, Rhode Island and                  submissions and general guidance on
                                                  petty officer or Federal, State, or local               Vermont,’’ published in the Federal                   making effective comments, please visit
                                                  law enforcement officer designated by                   Register on January 19, 2017. In                      http://www2.epa.gov/dockets/
                                                  or assisting the Captain of the Port                    response to requests for a public                     comments.html.
                                                  Detroit to act on his behalf.                           hearing, the EPA published a notice of                   Docket: All documents in the docket
                                                                                                          public hearing and extension of public                are listed in the http://
                                                     (4) Vessel operators shall contact the
                                                                                                          comment period on February 15, 2017,                  www.regulations.gov index. Although
                                                  Captain of the Port Detroit or his on-
                                                                                                          announcing that a public hearing would                listed in the index, some information is
                                                  scene representative to obtain                          be held on March 14, 2017, in
                                                  permission to enter or operate within                                                                         not publicly available, e.g., CBI or other
                                                                                                          Washington, DC, and the public                        information whose disclosure is
                                                  the safety zone. The Captain of the Port                comment period extended to April 13,                  restricted by statute. Certain other
                                                  Detroit or his on-scene representative                  2017. Due to inclement weather, the                   material, such as copyrighted material,
                                                  may be contacted via VHF Channel 16                     EPA has rescheduled the hearing to                    will be publicly available only in hard
                                                  or at 313–568–9564. Vessel operators                    April 13, 2017. In addition, in order to              copy. Publicly available docket
                                                  given permission to enter or operate in                 allow sufficient time after the public                materials are available either
                                                  the regulated area must comply with all                 hearing for submission of comments, the               electronically in http://
                                                  directions given to them by the Captain                 EPA is announcing the extension of the                www.regulations.gov or in hard copy at
                                                  of the Port Detroit or his on-scene                     comment period for the proposed action                EPA Docket Center Reading Room,
                                                  representative.                                         to May 15, 2017.                                      William Jefferson Clinton West
                                                    Dated: March 22, 2017.                                DATES: Comments. Comments must be                     Building, 1301 Constitution Avenue
                                                  Scott B. Lemasters,
                                                                                                          received on or before May 15, 2017.                   NW., Washington, DC 20004. The Public
                                                                                                          Public Hearing. The public hearing will               Reading Room is open from 8:30 a.m. to
                                                  Commander, U.S. Coast Guard, Captain of
                                                                                                          be held on April 13, 2017, in                         4:30 p.m., Monday through Friday,
                                                  the Port Detroit.
                                                                                                          Washington, DC. Please refer to                       excluding legal holidays. The phone
                                                  [FR Doc. 2017–06086 Filed 3–27–17; 8:45 am]
                                                                                                          SUPPLEMENTARY INFORMATION section for                 number for the Public Reading Room is
                                                  BILLING CODE 9110–04–P                                  additional information on the public                  (202) 566–1744.
                                                                                                          hearing.                                              FOR FURTHER INFORMATION CONTACT: If
                                                                                                          ADDRESSES: Public Hearing. The April                  you would like to speak at the public
                                                                                                          13, 2017, public hearing will be held at              hearing, please contact Ms. Pamela
                                                                                                          the EPA, William Jefferson Clinton East               Long, U.S. Environmental Protection
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          Building, Room 1153, 1201 Constitution                Agency, Office of Air Quality Planning
                                                                                                          Avenue NW., Washington, DC 20004.                     and Standards (OAQPS), Air Quality
                                                                                                          Identification is required. If your                   Planning Division (C504–01), Research
                                                                                                          driver’s license is issued by Kentucky,               Triangle Park, NC 27711, telephone
                                                                                                          Maine, Minnesota, Missouri, Montana,                  (919) 541–0641, fax number (919) 541–
                                                                                                          Oklahoma, Pennsylvania, South                         5509, email address long.pam@epa.gov,
                                                                                                          Carolina or the state of Washington, you              no later than April 11, 2017. If you have
                                                                                                          must present an additional form of                    any questions relating to the public


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Document Created: 2017-03-28 00:32:38
Document Modified: 2017-03-28 00:32:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 27, 2017.
ContactIf you have questions about this proposed rulemaking, call or email call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568- 9564, or email [email protected]
FR Citation82 FR 15308 
RIN Number1625-AA08
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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