82_FR_22007 82 FR 21917 - Safety Zone; Tuskegee Airmen River Days Air Show, Detroit River, Detroit, MI

82 FR 21917 - Safety Zone; Tuskegee Airmen River Days Air Show, Detroit River, Detroit, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 90 (May 11, 2017)

Page Range21917-21919
FR Document2017-09554

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 Tuskegee Airmen River Days Air Show.

Federal Register, Volume 82 Issue 90 (Thursday, May 11, 2017)
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Rules and Regulations]
[Pages 21917-21919]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09554]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0303]
RIN 1625-AA00


Safety Zone; Tuskegee Airmen 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 Tuskegee Airmen 
River Days Air Show.

DATES: This temporary final rule is effective from 12:30 p.m. on June 
23, 2017 until 9 p.m. on June 26, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0303 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, 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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the final details of this air show until 
there was insufficient time remaining before the event to publish an 
NPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. Having reviewed the application for a marine event submitted by 
the sponsor on March 14, 2017, 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

[[Page 21918]]

help minimize risks to safety of life and property during this event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 12:30 p.m. on June 23, 
2017 through 9 p.m. on June 26, 2017. The safety zone will encompass 
all U.S. navigable waters of the Detroit River between the following 
two lines extending from 70 feet off the bank to the US/Canadian 
demarcation line: the first line is drawn directly across the channel 
at position 42[deg]19.444' N., 083[deg]03.114' W. (NAD 83); the second 
line, to the north, is drawn directly across the channel at position 
42[deg]19.860' N. 083[deg]01.683' W. (NAD 83). No vessel or person will 
be permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.
    The COTP or his designated on-scene representative will notify the 
public of the enforcement of this rule by all appropriate means, 
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
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.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    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-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of the Detroit River from 12:30 p.m. on 
June 23, 2017 until 9 p.m. on June 26, 2017. Moreover, the Coast Guard 
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone and the rule allows 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 small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
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 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this 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 (42

[[Page 21919]]

U.S.C. 4321-4370f), and have determined 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 rule involves a 
safety zone lasting less than three hours per day that will prohibit 
entry within the 1 mile by .2 mile air show site. It is categorically 
excluded under section 2.B.2, figure 2-1, paragraph 34(g) of the 
Instruction. A Record of Environmental Consideration (REC) supporting 
this determination is available in the docket where indicated in the 
ADDRESSES section of this preamble.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T09-0303 to read as follows:


Sec.  165.T09-0303  Safety Zone; Tuskegee Airmen River Days Air show; 
Detroit, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the Detroit River between the following two lines 
extending 70 feet off the bank to the US/Canadian demarcation line: the 
first line is drawn directly across the channel at position 
42[deg]19.444' N., 083[deg]03.114' W. (NAD 83); the second line, to the 
north, is drawn directly across the channel, at position 42[deg]19.860' 
N., 083[deg]01.683' W. (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 12:30 p.m. thru 3 p.m. on 
June 23, 2017 and June 24, 2017; 3 p.m. through 5:30 p.m. on June 25, 
2017; and from 5 p.m. through 7:30 p.m. on June 26, 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 a 
Federal, State, or local law enforcement officer designated by or 
assisting the Captain of the Port Detroit to act on his behalf.
    (4) Vessel operators 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 313-568-9464. 
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: May 5, 2017.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-09554 Filed 5-10-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Rules and Regulations                                        21917

                                             FOR FURTHER INFORMATION CONTACT:     If                 submit a comment, please include the                  potential hazards associated with the
                                             you have questions on this temporary                    docket number for this rulemaking,                    Tuskegee Airmen River Days Air Show.
                                             deviation, call or email Mr. Michael                    indicate the specific section of this                 DATES: This temporary final rule is
                                             Lieberum with the Seventh Coast Guard                   document to which each comment                        effective from 12:30 p.m. on June 23,
                                             District Bridge Office; telephone 305–                  applies, and provide a reason for each                2017 until 9 p.m. on June 26, 2017.
                                             415–6744, email Michael.B.Lieberum@                     suggestion or recommendation.                         ADDRESSES: To view documents
                                             uscg.mil.                                                  We encourage you to submit                         mentioned in this preamble as being
                                             SUPPLEMENTARY INFORMATION:      On April                comments through the Federal                          available in the docket, go to http://
                                             25, 2017 the Coast Guard published a                    eRulemaking Portal at http://                         www.regulations.gov, type USCG–2017–
                                             temporary deviation entitled                            www.regulations.gov. If your material                 0303 in the ‘‘SEARCH’’ box and click
                                             ‘‘Drawbridge Operation Regulation;                      cannot be submitted using http://                     ‘‘SEARCH.’’ Click on Open Docket
                                             Canaveral Barge Canal, Canaveral, FL in                 www.regulations.gov, contact the person               Folder on the line associated with this
                                             the Federal Register (82 FR 18989).                     in the FOR FURTHER INFORMATION                        rule.
                                                                                                     CONTACT section of this document for
                                             Under that temporary deviation, the                                                                           FOR FURTHER INFORMATION CONTACT: If
                                             bridge would remain in the closed-to-                   alternate instructions.
                                                                                                        We accept anonymous comments. All                  you have questions on this temporary
                                             navigation position from 11 a.m. to 2                                                                         rule, call or email Tracy Girard,
                                             p.m. on Saturdays. The Canaveral Port                   comments received will be posted
                                                                                                     without change to http://                             Prevention Department, Sector Detroit,
                                             Authority has requested that this                                                                             Coast Guard; telephone 313–568–9564,
                                             deviation also include Sundays. The                     www.regulations.gov and will include
                                                                                                     any personal information you have                     or email Tracy.M.Girard@uscg.mil.
                                             current operating regulation is under 33                                                                      SUPPLEMENTARY INFORMATION:
                                             CFR 117.273. The bridge logs from                       provided. For more about privacy and
                                             November 2016 indicate that, at most,                   the docket, you may review a Privacy                  I. Table of Abbreviations
                                             approximately nine vessels may be                       Act notice regarding the Federal Docket
                                                                                                     Management System in the March 24,                    CFR Code of Federal Regulations
                                             affected by establishing this three hour                                                                      DHS Department of Homeland Security
                                             bridge closure on Saturdays and                         2005, issue of the Federal Register (70               FR Federal Register
                                             Sundays. The majority of the opening                    FR 15086).                                            NPRM Notice of Proposed Rulemaking
                                                                                                        Documents mentioned in this notice                 § Section
                                             requests were either at the beginning or
                                                                                                     of deviation, and all public comments,                U.S.C. United States Code
                                             end of this closure period; therefore, by
                                                                                                     are in our online docket at http://
                                             adjusting their transits slightly there
                                                                                                     www.regulations.gov and can be viewed                 II. Background Information and
                                             should be a negligible overall effect.
                                                                                                     by following that Web site’s                          Regulatory History
                                             This modified deviation is effective
                                                                                                     instructions. Additionally, if you go to
                                             from May 11, 2017 until October 23,                                                                              The Coast Guard is issuing this
                                                                                                     the online docket and sign up for email
                                             2017. The Coast Guard will continue to                                                                        temporary rule without prior notice and
                                                                                                     alerts, you will be notified when
                                             evaluate the impact to mariners                                                                               opportunity to comment pursuant to
                                                                                                     comments are posted or a final rule is
                                             navigating this area during the closure                                                                       authority under section 4(a) of the
                                                                                                     published.
                                             periods and has requested comments be                                                                         Administrative Procedure Act (APA) (5
                                             submitted during the first 60 days of                     Dated: May 8, 2017.                                 U.S.C. 553(b)). This provision
                                             this modified deviation.                                Barry Dragon,                                         authorizes an agency to issue a rule
                                                Vessels able to pass through the                     Director, Bridge Branch, Seventh Coast Guard          without prior notice and opportunity to
                                             bridge in the closed position may do so                 District.                                             comment when the agency for good
                                             at any time. The bridge will be able to                 [FR Doc. 2017–09598 Filed 5–10–17; 8:45 am]           cause finds that those procedures are
                                             open for emergencies and there is no                    BILLING CODE 9110–04–P                                ‘‘impracticable, unnecessary, or contrary
                                             immediate alternate route for vessels to                                                                      to the public interest.’’ Under 5 U.S.C.
                                             pass through the bridge in closed                                                                             553(b)(B), the Coast Guard finds that
                                             positions. The Coast Guard will also                    DEPARTMENT OF HOMELAND                                good cause exists for not publishing a
                                             inform the users of the waterways                       SECURITY                                              notice of proposed rulemaking (NPRM)
                                             through Local and Broadcast Notices to                                                                        with respect to this rule because doing
                                             Mariners of the change in operating                     Coast Guard                                           so would be impracticable. The Coast
                                             schedule for the bridge so that vessel                                                                        Guard did not receive the final details
                                             operators can arrange their transits to                 33 CFR Part 165                                       of this air show until there was
                                             minimize any impact caused by the                       [Docket No. USCG–2017–0303]                           insufficient time remaining before the
                                             temporary deviation.                                                                                          event to publish an NPRM.
                                                In accordance with 33 CFR 117.35(e),                 RIN 1625–AA00
                                                                                                                                                           III. Legal Authority and Need for Rule
                                             the drawbridge must return to its regular
                                                                                                     Safety Zone; Tuskegee Airmen River                      The Coast Guard is issuing this rule
                                             operating schedule immediately at the
                                                                                                     Days Air Show, Detroit River, Detroit,                under authority in 33 U.S.C. 1231.
                                             end of the effective period of this
                                                                                                     MI                                                    Having reviewed the application for a
                                             temporary deviation. This deviation
                                             from the operating regulations is                       AGENCY:    Coast Guard, DHS.                          marine event submitted by the sponsor
                                             authorized under 33 CFR 117.35.                         ACTION:   Temporary final rule.                       on March 14, 2017, the Captain of the
                                                                                                                                                           Port Detroit (COTP) has determined that
                                             Public Participation and Request for                    SUMMARY:   The Coast Guard is                         an aircraft aerial display proximate to a
pmangrum on DSK3GDR082PROD with RULES




                                             Comments                                                establishing a temporary safety zone on               gathering of watercraft poses a
                                               We view public participation as                       the waters of the Detroit River in the                significant risk to public safety and
                                             essential to effective rulemaking, and                  vicinity of Detroit, MI. This zone is                 property. Such hazards include
                                             will consider all comments and material                 intended to restrict and control                      potential aircraft malfunctions, loud
                                             received during the comment period.                     movement of vessels in a portion of the               noise levels, and waterway distractions.
                                             Your comment can help shape the                         Detroit River. This zone is necessary to              Therefore, the COTP is establishing a
                                             outcome of this rulemaking. If you                      protect spectators and vessels from                   safety zone around the event location to


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                                             21918               Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Rules and Regulations

                                             help minimize risks to safety of life and                  As this rule is not a significant                  wish to comment on actions by
                                             property during this event.                             regulatory action, this rule is exempt                employees of the Coast Guard, call 1–
                                                                                                     from the requirements of Executive                    888–REG–FAIR (1–888–734–3247). The
                                             IV. Discussion of the Rule
                                                                                                     Order 13771. See OMB’s Memorandum                     Coast Guard will not retaliate against
                                                This rule establishes a safety zone                  titled ‘‘Interim Guidance Implementing                small entities that question or complain
                                             from 12:30 p.m. on June 23, 2017                        Section 2 of the Executive Order of                   about this rule or any policy or action
                                             through 9 p.m. on June 26, 2017. The                    January 30, 2017 titled ‘Reducing                     of the Coast Guard.
                                             safety zone will encompass all U.S.                     Regulation and Controlling Regulatory
                                             navigable waters of the Detroit River                   Costs’ ’’ (February 2, 2017).                         C. Collection of Information
                                             between the following two lines                            This regulatory action determination                 This rule will not call for a new
                                             extending from 70 feet off the bank to                  is based on the size, location, duration,             collection of information under the
                                             the US/Canadian demarcation line: the                   and time-of-year of the safety zone.                  Paperwork Reduction Act of 1995 (44
                                             first line is drawn directly across the                 Vessel traffic will be able to safely                 U.S.C. 3501–3520).
                                             channel at position 42°19.444′ N.,                      transit around this safety zone which
                                             083°03.114′ W. (NAD 83); the second                                                                           D. Federalism and Indian Tribal
                                                                                                     will impact a small designated area of
                                             line, to the north, is drawn directly                                                                         Governments
                                                                                                     the Detroit River from 12:30 p.m. on
                                             across the channel at position                          June 23, 2017 until 9 p.m. on June 26,                   A rule has implications for federalism
                                             42°19.860′ N. 083°01.683′ W. (NAD 83).                  2017. Moreover, the Coast Guard will                  under Executive Order 13132,
                                             No vessel or person will be permitted to                issue Broadcast Notice to Mariners via                Federalism, if it has a substantial direct
                                             enter the safety zone without obtaining                 VHF–FM marine channel 16 about the                    effect on the States, on the relationship
                                             permission from the COTP or a                           zone and the rule allows vessels to seek              between the national government and
                                             designated representative.                              permission to enter the zone.                         the States, or on the distribution of
                                                The COTP or his designated on-scene                                                                        power and responsibilities among the
                                                                                                     B. Impact on Small Entities                           various levels of government. We have
                                             representative will notify the public of
                                             the enforcement of this rule by all                        The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                             appropriate means, including a                          1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                             Broadcast Notice to Mariners and Local                  requires Federal agencies to consider                 with the fundamental federalism
                                             Notice to Mariners.                                     the potential impact of regulations on                principles and preemption requirements
                                                                                                     small entities during rulemaking. The                 described in Executive Order 13132.
                                             V. Regulatory Analyses                                  term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                               We developed this rule after                          businesses, not-for-profit organizations              implications under Executive Order
                                             considering numerous statutes and                       that are independently owned and                      13175, Consultation and Coordination
                                             executive orders related to rulemaking.                 operated and are not dominant in their                with Indian Tribal Governments,
                                             Below we summarize our analyses                         fields, and governmental jurisdictions                because it does not have a substantial
                                             based on these statutes and executive                   with populations of less than 50,000.                 direct effect on one or more Indian
                                             orders.                                                 The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                                                                                     605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                             A. Regulatory Planning and Review
                                                                                                     significant economic impact on a                      or on the distribution of power and
                                                Executive Orders 12866 (‘‘Regulatory                 substantial number of small entities.                 responsibilities between the Federal
                                             Planning and Review’’) and 13563                           While some owners or operators of                  Government and Indian tribes. If you
                                             (‘‘Improving Regulation and Regulatory                  vessels intending to transit the safety               believe this rule has implications for
                                             Review’’) direct agencies to assess the                 zone may be small entities, for the                   federalism or Indian tribes, please
                                             costs and benefits of available regulatory              reasons stated in section V.A above, this             contact the person listed in the FOR
                                             alternatives and, if regulation is                      rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                             necessary, to select regulatory                         economic impact on any vessel owner                   above.
                                             approaches that maximize net benefits                   or operator.
                                             including potential economic,                              Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                             environmental, public health and safety                 Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             effects, distributive impacts, and equity.              Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                             Executive Order 13563 emphasizes the                    we want to assist small entities in                   Federal agencies to assess the effects of
                                             importance of quantifying both costs                    understanding this rule. If the rule                  their discretionary regulatory actions. In
                                             and benefits, of reducing costs, of                     would affect your small business,                     particular, the Act addresses actions
                                             harmonizing rules, and of promoting                     organization, or governmental                         that may result in the expenditure by a
                                             flexibility. Executive Order 13771                      jurisdiction and you have questions                   State, local, or tribal government, in the
                                             (‘‘Reducing Regulation and Controlling                  concerning its provisions or options for              aggregate, or by the private sector of
                                             Regulatory Costs’’), directs agencies to                compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                             reduce regulation and control regulatory                listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                             costs and provides that ‘‘for every one                 CONTACT section.                                      will not result in such expenditure, we
                                             new regulation issued, at least two prior                  Small businesses may send comments                 do discuss the effects of this rule
                                             regulations be identified for elimination,              on the actions of Federal employees                   elsewhere in this preamble.
                                             and that the cost of planned regulations                who enforce, or otherwise determine
                                             be prudently managed and controlled                     compliance with, Federal regulations to               F. Environment
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                                             through a budgeting process.’’                          the Small Business and Agriculture                      We have analyzed this rule under
                                                The Office of Management and Budget                  Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                             (OMB) has not designated this rule a                    and the Regional Small Business                       Management Directive 023–01 and
                                             significant regulatory action under                     Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                             section 3(f) of Executive Order 12866.                  Ombudsman evaluates these actions                     which guide the Coast Guard in
                                             Accordingly, the Office of Management                   annually and rates each agency’s                      complying with the National
                                             and Budget (OMB) has not reviewed it.                   responsiveness to small business. If you              Environmental Policy Act of 1969 (42


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                                                                 Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Rules and Regulations                                         21919

                                             U.S.C. 4321–4370f), and have                              (c) Regulations. (1) No vessel or                   Programs such that the Texas SIP will
                                             determined that this action is one of a                 person may enter, transit through, or                 include the current state program
                                             category of actions that do not                         anchor within the safety zone unless                  regulations promulgated and
                                             individually or cumulatively have a                     authorized by the Captain of the Port                 implemented in Texas. We are also
                                             significant effect on the human                         Detroit, or his on-scene representative.              approving compliance flexibility
                                             environment. This rule involves a safety                  (2) The safety zone is closed to all                provisions for stationary sources using
                                             zone lasting less than three hours per                  vessel traffic, except as may be                      the Texas Emission Reduction Plan
                                             day that will prohibit entry within the                 permitted by the Captain of the Port                  submitted on July 15, 2002; May 30,
                                             1 mile by .2 mile air show site. It is                  Detroit or his on-scene representative.               2007; and July 10, 2015.
                                             categorically excluded under section                      (3) The ‘‘on-scene representative’’ of              DATES: This rule is effective on July 10,
                                             2.B.2, figure 2–1, paragraph 34(g) of the               the Captain of the Port Detroit is any                2017 without further notice, unless the
                                             Instruction. A Record of Environmental                  Coast Guard commissioned, warrant or                  EPA receives relevant adverse comment
                                             Consideration (REC) supporting this                     petty officer or a Federal, State, or local           by June 12, 2017. If the EPA receives
                                             determination is available in the docket                law enforcement officer designated by                 such comment, the EPA will publish a
                                             where indicated in the ADDRESSES                        or assisting the Captain of the Port                  timely withdrawal in the Federal
                                             section of this preamble.                               Detroit to act on his behalf.                         Register informing the public that this
                                                                                                       (4) Vessel operators shall contact the              rule will not take effect.
                                             G. Protest Activities
                                                                                                     Captain of the Port Detroit or his on-                ADDRESSES: Submit your comments,
                                               The Coast Guard respects the First                    scene representative to obtain                        identified by Docket No. EPA–R06–
                                             Amendment rights of protesters.                         permission to enter or operate within                 OAR–2015–0585, at http://
                                             Protesters are asked to contact the                     the safety zone. The Captain of the Port              www.regulations.gov or via email to
                                             person listed in the FOR FURTHER                        Detroit or his on-scene representative                wiley.adina@epa.gov. Follow the online
                                             INFORMATION CONTACT section to                          may be contacted via VHF Channel 16                   instructions for submitting comments.
                                             coordinate protest activities so that your              or at 313–568–9464. Vessel operators                  Once submitted, comments cannot be
                                             message can be received without                         given permission to enter or operate in               edited or removed from Regulations.gov.
                                             jeopardizing the safety or security of                  the regulated area must comply with all               The EPA may publish any comment
                                             people, places or vessels.                              directions given to them by the Captain               received to its public docket. Do not
                                             List of Subjects in 33 CFR Part 165                     of the Port Detroit or his on-scene                   submit electronically any information
                                                                                                     representative.                                       you consider to be Confidential
                                               Harbors, Marine safety, Navigation                                                                          Business Information (CBI) or other
                                                                                                       Dated: May 5, 2017.
                                             (water), Reporting and recordkeeping                                                                          information whose disclosure is
                                             requirements, Security measures,                        Scott B. Lemasters,
                                                                                                     Captain, U.S. Coast Guard, Captain of the             restricted by statute. Multimedia
                                             Waterways.                                                                                                    submissions (audio, video, etc.) must be
                                               For the reasons discussed in the                      Port Detroit.
                                                                                                     [FR Doc. 2017–09554 Filed 5–10–17; 8:45 am]           accompanied by a written comment.
                                             preamble, the Coast Guard amends 33                                                                           The written comment is considered the
                                             CFR part 165 as follows:                                BILLING CODE 9110–04–P
                                                                                                                                                           official comment and should include
                                             PART 165—REGULATED NAVIGATION                                                                                 discussion of all points you wish to
                                             AREAS AND LIMITED ACCESS AREAS                                                                                make. The EPA will generally not
                                                                                                     ENVIRONMENTAL PROTECTION                              consider comments or comment
                                                                                                     AGENCY                                                contents located outside of the primary
                                             ■ 1. The authority citation for part 165
                                             continues to read as follows:                           40 CFR Part 52                                        submission (i.e. on the web, cloud, or
                                                                                                                                                           other file sharing system). For
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             [EPA–R06–OAR–2015–0585; FRL–9960–22–
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     additional submission methods, please
                                                                                                     Region 6]                                             contact Adina Wiley, 214–665–2115,
                                             Department of Homeland Security Delegation
                                             No. 0170.1.                                                                                                   wiley.adina@epa.gov. For the full EPA
                                                                                                     Approval and Promulgation of
                                             ■ 2. Add § 165.T09–0303 to read as                                                                            public comment policy, information
                                                                                                     Implementation Plans; Texas;
                                             follows:                                                                                                      about CBI or multimedia submissions,
                                                                                                     Revisions to Emissions Banking and
                                                                                                                                                           and general guidance on making
                                                                                                     Trading Programs and Compliance
                                             § 165.T09–0303 Safety Zone; Tuskegee                                                                          effective comments, please visit http://
                                             Airmen River Days Air show; Detroit, MI.                Flexibility
                                                                                                                                                           www2.epa.gov/dockets/commenting-
                                               (a) Location. A safety zone is                        AGENCY: Environmental Protection                      epa-dockets.
                                             established to include all U.S. navigable               Agency (EPA).                                            Docket: The index to the docket for
                                             waters of the Detroit River between the                 ACTION: Direct final rule.
                                                                                                                                                           this action is available electronically at
                                             following two lines extending 70 feet off                                                                     www.regulations.gov and in hard copy
                                             the bank to the US/Canadian                             SUMMARY:  Pursuant to the Federal Clean               at EPA Region 6, 1445 Ross Avenue,
                                             demarcation line: the first line is drawn               Air Act (CAA or Act), the                             Suite 700, Dallas, Texas. While all
                                             directly across the channel at position                 Environmental Protection Agency (EPA)                 documents in the docket are listed in
                                             42°19.444′ N., 083°03.114′ W. (NAD 83);                 is approving revisions to the Texas State             the index, some information may be
                                             the second line, to the north, is drawn                 Implementation Plan (SIP) Emissions                   publicly available only at the hard copy
                                             directly across the channel, at position                Banking and Trading Programs                          location (e.g., copyrighted material), and
                                             42°19.860′ N., 083°01.683′ W. (NAD 83).                 submitted on July 15, 2002; December                  some may not be publicly available at
pmangrum on DSK3GDR082PROD with RULES




                                               (b) Enforcement period. The regulated                 22, 2008; April 6, 2010; May 14, 2013;                either location (e.g., CBI).
                                             area described in paragraph (a) of this                 and August 14, 2015. Specifically, we                 FOR FURTHER INFORMATION CONTACT:
                                             section will be enforced from 12:30 p.m.                are approving revisions to the Texas                  Adina Wiley, 214–665–2115,
                                             thru 3 p.m. on June 23, 2017 and June                   Emission Credit, Mass Emissions Cap                   wiley.adina@epa.gov. To inspect the
                                             24, 2017; 3 p.m. through 5:30 p.m. on                   and Trade, Discrete Emission Credit,                  hard copy materials, please schedule an
                                             June 25, 2017; and from 5 p.m. through                  and Highly Reactive Volatile Organic                  appointment with Ms. Adina Wiley or
                                             7:30 p.m. on June 26, 2017.                             Compound Emissions Cap and Trade                      Mr. Bill Deese at 214–665–7253.


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Document Created: 2017-05-11 00:14:49
Document Modified: 2017-05-11 00:14:49
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 23, 2017 until 9 p.m. on June 26, 2017.
ContactIf you have questions on this temporary rule, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-9564, or email [email protected]
FR Citation82 FR 21917 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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