82_FR_25626 82 FR 25521 - Special Local Regulation; Motor City Mile; Detroit River; Detroit, MI

82 FR 25521 - Special Local Regulation; Motor City Mile; Detroit River; Detroit, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 105 (June 2, 2017)

Page Range25521-25523
FR Document2017-11465

The Coast Guard is establishing a special local regulation for certain waters of the Detroit River, Detroit, MI. This action is necessary and is intended to ensure safety of life on navigable waters to be used for a swimming event immediately prior to, during, and immediately after this event. This regulation requires vessels to maintain a minimum speed for safe navigation and maneuvering.

Federal Register, Volume 82 Issue 105 (Friday, June 2, 2017)
[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Rules and Regulations]
[Pages 25521-25523]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11465]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0372]
RIN 1625-AA08


Special Local Regulation; Motor City Mile; Detroit River; 
Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation for 
certain waters of the Detroit River, Detroit, MI. This action is 
necessary and is intended to ensure safety of life on navigable waters 
to be used for a swimming event immediately prior to, during, and 
immediately after this event. This regulation requires vessels to 
maintain a minimum speed for safe navigation and maneuvering.

DATES: This temporary final rule is effective from 7 a.m. until 12 p.m. 
on July 6, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0372 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
COTP Captain of the Port
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 swimming event 
until there was insufficient time remaining before the event to publish 
an NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect participants, mariners and vessels 
from the hazards associated with this event.
    We are issuing this rule under 5 U.S.C. 553(d)(3), as the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register for the same reason 
noted above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The COTP has determined that the likely combination of recreation 
vessels, commercial vessels, and an unknown number of spectators in 
close proximity to a youth swimming event along the water pose extra 
and unusual hazards to public safety and property. Therefore, the COTP 
is establishing a Special Local Regulation around the event location to 
help minimize risks to safety of life and property during this event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 7 
a.m. until 12 p.m. on July 6, 2017. In light of the aforementioned 
hazards, the COTP has determined that a special local regulation is 
necessary to protect spectators, vessels, and participants. The special 
local regulation will encompass the following waterway: All waters of 
the Detroit River, Belle Isle Beach between the following two lines: 
The first line is drawn directly across the channel from position 
42[deg]20.517' N., 082[deg]59.159' W. to 42[deg]20.705' N., 
082[deg]59.233' W. (NAD 83); the second line, to the north, is drawn 
directly across the channel from position 42[deg]20.754' N., 
082[deg]58.681' W. to 42[deg] 20.997' N., 082[deg]58.846'' W. (NAD 83).
    An on-scene representative of the COTP or event sponsor 
representatives may permit vessels to transit the area when no race 
activity is occurring. The on-scene representative may be present on 
any Coast Guard, state, or local law enforcement vessel assigned to 
patrol the event. Vessel operators desiring to transit through the 
regulated area must contact the Coast Guard Patrol Commander to obtain 
permission to do so. The COTP or his designated on-scene representative 
may be contacted via VHF Channel 16 or at 313-568-9560.
    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

[[Page 25522]]

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 special local regulation. 
Vessel traffic will be able to safely transit around this special local 
regulation zone which will impact a small designated area of 7 a.m. to 
12 p.m. July 6, 2017. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the special local 
regulation and the rule allows vessels to seek permission to enter the 
area.

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 
special local regulation 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 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 special local regulation lasting nine hours that will 
limit entry to a designated area. It is categorically excluded under 
section 2.B.2, figure 2-1, and paragraph 34(h) of the Instruction. A 
Record of Environmental Consideration (REC) 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, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 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. 1233.


0
2. Add Sec.  165.T09-0372 to read as follows:

[[Page 25523]]

Sec.  165.T09-0372  Special local regulation; Motor City Mile; Detroit 
River; Detroit, MI.

    (a) Location. A regulated area is established to encompass the 
following waterway: All waters of the Detroit River, Belle Isle Beach 
between the following two lines: The first line is drawn directly 
across the channel from position 42[deg]20.517' N., 082[deg]59.159' W. 
to 42[deg]20.705' N., 082[deg]59.233' W. (NAD 83); the second line, to 
the north, is drawn directly across the channel from position 
42[deg]20.754' N., 082[deg]58.681' W. to 42[deg]20.997' N., 
082[deg]58.846'' W. (NAD 83).
    (b) Enforcement period. This section is effective and will be 
enforced from 7 a.m. until 12 p.m. on July 6, 2017.
    (c) Regulations.
    (1) Vessels transiting through the regulated area are to maintain 
the minimum speeds for safe navigation.
    (2) Vessel operators desiring to operate in the regulated area must 
contact the Coast Guard Patrol Commander to obtain permission to do so. 
The Captain of the Port Detroit (COTP) or his on-scene representative 
may be contacted via VHF Channel 16 or at 313-568-9560. Vessel 
operators given permission to operate within the regulated area must 
comply with all directions given to them by the COTP or his on-scene 
representative.
    (3) The ``on-scene representative'' of the COTP 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 COTP Detroit or his on-scene 
representative to obtain permission to enter or operate within the 
special local regulation. The COTP 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 COTP Detroit 
or his on-scene representative.

    Dated: May 26, 2017.
Scott B. Lemasters,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-11465 Filed 6-1-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations                                         25521

                                             waters of the Mississippi River between                 DATES:  This temporary final rule is                   combination of recreation vessels,
                                             mile 311.0 and mile 317.0, extending                    effective from 7 a.m. until 12 p.m. on                 commercial vessels, and an unknown
                                             the entire width of the river.                          July 6, 2017.                                          number of spectators in close proximity
                                                (b) Enforcement date. This rule is                   ADDRESSES: To view documents                           to a youth swimming event along the
                                             effective from 5 p.m. on May 19, 2017                   mentioned in this preamble as being                    water pose extra and unusual hazards to
                                             through 11:59 p.m. on June 2, 2017, or                  available in the docket, go to http://                 public safety and property. Therefore,
                                             until the water levels have lowered to a                www.regulations.gov, type USCG–2017–                   the COTP is establishing a Special Local
                                             less dangerous level, whichever occurs                  0372 in the ‘‘SEARCH’’ box and click                   Regulation around the event location to
                                             earlier. For the purposes of enforcement,               ‘‘SEARCH.’’ Click on Open Docket                       help minimize risks to safety of life and
                                             actual notice will be used from May 19,                 Folder on the line associated with this                property during this event.
                                             2017 through June 2, 2017.                              rule.                                                  IV. Discussion of the Rule
                                                (c) Regulations. (1) In accordance with              FOR FURTHER INFORMATION CONTACT: If
                                             the general regulations in § 165.23 of                                                                            This rule establishes a temporary
                                                                                                     you have questions on this temporary
                                             this part, entry into this zone is                                                                             special local regulation from 7 a.m. until
                                                                                                     rule, call or email Tracy Girard,
                                             prohibited unless specifically                                                                                 12 p.m. on July 6, 2017. In light of the
                                                                                                     Prevention Department, Sector Detroit,
                                             authorized by the Captain of the Port                                                                          aforementioned hazards, the COTP has
                                                                                                     Coast Guard; telephone 313–568–9564,
                                             Lower Mississippi River (COTP) or a                                                                            determined that a special local
                                                                                                     or email Tracy.M.Girard@uscg.mil.
                                             designated representative.                                                                                     regulation is necessary to protect
                                                                                                     SUPPLEMENTARY INFORMATION:
                                                (2) The U.S. Army Corps of Engineers                                                                        spectators, vessels, and participants.
                                             assist vessels present in the vicinity of               I. Table of Abbreviations                              The special local regulation will
                                             the Old River Control Structures are                                                                           encompass the following waterway: All
                                                                                                     CFR Code of Federal Regulations
                                             designated representatives and may                      DHS Department of Homeland Security                    waters of the Detroit River, Belle Isle
                                             permit entry into this safety zone. They                FR Federal Register                                    Beach between the following two lines:
                                             may be contacted on VHF–FM Channel                      NPRM Notice of proposed rulemaking                     The first line is drawn directly across
                                             16 or Channel 13.                                       § Section                                              the channel from position 42°20.517′ N.,
                                                (d) Informational broadcasts. The                    COTP Captain of the Port                               082°59.159′ W. to 42°20.705′ N.,
                                                                                                     U.S.C. United States Code                              082°59.233′ W. (NAD 83); the second
                                             COTP or a designated representative
                                             will inform the public through                          II. Background Information and                         line, to the north, is drawn directly
                                             broadcast notices to mariners of the                    Regulatory History                                     across the channel from position
                                             enforcement period for the emergency                                                                           42°20.754′ N., 082°58.681′ W. to 42°
                                                                                                        The Coast Guard is issuing this                     20.997′ N., 082°58.846″ W. (NAD 83).
                                             safety zone as well as any changes in the               temporary rule without prior notice and
                                             dates and times of enforcement.                                                                                   An on-scene representative of the
                                                                                                     opportunity to comment pursuant to                     COTP or event sponsor representatives
                                               Dated: May 19, 2017.                                  authority under section 4(a) of the                    may permit vessels to transit the area
                                             T.J. Wendt,                                             Administrative Procedure Act (APA) (5                  when no race activity is occurring. The
                                             Captain, U.S. Coast Guard, Captain of the               U.S.C. 553(b)). This provision                         on-scene representative may be present
                                             Port, Lower Mississippi River.                          authorizes an agency to issue a rule                   on any Coast Guard, state, or local law
                                             [FR Doc. 2017–11462 Filed 6–1–17; 8:45 am]              without prior notice and opportunity to                enforcement vessel assigned to patrol
                                             BILLING CODE 9110–04–P                                  comment when the agency for good                       the event. Vessel operators desiring to
                                                                                                     cause finds that those procedures are                  transit through the regulated area must
                                                                                                     ‘‘impracticable, unnecessary, or contrary              contact the Coast Guard Patrol
                                             DEPARTMENT OF HOMELAND                                  to the public interest.’’ Under 5 U.S.C.               Commander to obtain permission to do
                                             SECURITY                                                553(b)(B), the Coast Guard finds that                  so. The COTP or his designated on-
                                                                                                     good cause exists for not publishing a                 scene representative may be contacted
                                             Coast Guard                                             notice of proposed rulemaking (NPRM)                   via VHF Channel 16 or at 313–568–
                                                                                                     with respect to this rule because doing                9560.
                                             33 CFR Part 165                                         so would be impracticable. The Coast                      The COTP or his designated on-scene
                                                                                                     Guard did not receive the final details                representative will notify the public of
                                             [Docket No. USCG–2017–0372]                             of this swimming event until there was                 the enforcement of this rule by all
                                                                                                     insufficient time remaining before the                 appropriate means, including a
                                             RIN 1625–AA08                                           event to publish an NPRM. Thus,                        Broadcast Notice to Mariners and Local
                                                                                                     delaying the effective date of this rule to            Notice to Mariners.
                                             Special Local Regulation; Motor City                    wait for a comment period to run would
                                                                                                     be impracticable because it would                      V. Regulatory Analyses
                                             Mile; Detroit River; Detroit, MI
                                                                                                     inhibit the Coast Guard’s ability to                     We developed this rule after
                                             AGENCY:    Coast Guard, DHS.                            protect participants, mariners and                     considering numerous statutes and
                                             ACTION:   Temporary final rule.                         vessels from the hazards associated with               executive orders related to rulemaking.
                                                                                                     this event.                                            Below we summarize our analyses
                                             SUMMARY:   The Coast Guard is                              We are issuing this rule under 5                    based on these statutes and executive
                                             establishing a special local regulation                 U.S.C. 553(d)(3), as the Coast Guard                   orders.
                                             for certain waters of the Detroit River,                finds that good cause exists for making
                                             Detroit, MI. This action is necessary and                                                                      A. Regulatory Planning and Review
                                                                                                     it effective less than 30 days after
                                             is intended to ensure safety of life on                                                                           Executive Orders 12866 (‘‘Regulatory
nlaroche on DSK30NT082PROD with RULES




                                                                                                     publication in the Federal Register for
                                             navigable waters to be used for a                       the same reason noted above.                           Planning and Review’’) and 13563
                                             swimming event immediately prior to,                                                                           (‘‘Improving Regulation and Regulatory
                                             during, and immediately after this                      III. Legal Authority and Need for Rule                 Review’’) direct agencies to assess the
                                             event. This regulation requires vessels                    The Coast Guard is issuing this rule                costs and benefits of available regulatory
                                             to maintain a minimum speed for safe                    under authority in 33 U.S.C. 1233. The                 alternatives and, if regulation is
                                             navigation and maneuvering.                             COTP has determined that the likely                    necessary, to select regulatory


                                        VerDate Sep<11>2014   13:07 Jun 01, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\02JNR1.SGM   02JNR1


                                             25522                 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations

                                             approaches that maximize net benefits                   significant economic impact on any                     FURTHER INFORMATION CONTACT      section
                                             (including potential economic,                          vessel owner or operator.                              above.
                                             environmental, public health and safety                    Under section 213(a) of the Small                   E. Unfunded Mandates Reform Act
                                             effects, distributive impacts, and                      Business Regulatory Enforcement
                                             equity). Executive Order 13563                          Fairness Act of 1996 (Pub. L. 104–121),                  The Unfunded Mandates Reform Act
                                             emphasizes the importance of                            we want to assist small entities in                    of 1995 (2 U.S.C. 1531–1538) requires
                                             quantifying both costs and benefits, of                 understanding this rule. If the rule                   Federal agencies to assess the effects of
                                             reducing costs, of harmonizing rules,                   would affect your small business,                      their discretionary regulatory actions. In
                                             and of promoting flexibility. Executive                 organization, or governmental                          particular, the Act addresses actions
                                             Order 13771 (‘‘Reducing Regulation and                  jurisdiction and you have questions                    that may result in the expenditure by a
                                             Controlling Regulatory Costs’’), directs                concerning its provisions or options for               State, local, or tribal government, in the
                                             agencies to reduce regulation and                       compliance, please contact the person                  aggregate, or by the private sector of
                                             control regulatory costs and provides                   listed in the FOR FURTHER INFORMATION                  $100,000,000 (adjusted for inflation) or
                                             that ‘‘for every one new regulation                     CONTACT section.
                                                                                                                                                            more in any one year. Though this rule
                                             issued, at least two prior regulations be                                                                      will not result in such expenditure, we
                                                                                                        Small businesses may send comments
                                             identified for elimination, and that the                                                                       do discuss the effects of this rule
                                                                                                     on the actions of Federal employees
                                             cost of planned regulations be prudently                                                                       elsewhere in this preamble.
                                                                                                     who enforce, or otherwise determine
                                             managed and controlled through a                        compliance with, Federal regulations to                F. Environment
                                             budgeting process.’’                                    the Small Business and Agriculture
                                                The Office of Management and Budget                                                                            We have analyzed this rule under
                                                                                                     Regulatory Enforcement Ombudsman                       Department of Homeland Security
                                             (OMB) has not designated this rule a                    and the Regional Small Business
                                             significant regulatory action under                                                                            Management Directive 023–01 and
                                                                                                     Regulatory Fairness Boards. The                        Commandant Instruction M16475.lD,
                                             section 3(f) of Executive Order 12866.                  Ombudsman evaluates these actions
                                             Accordingly, the Office of Management                                                                          which guide the Coast Guard in
                                                                                                     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
                                             As this rule is not a significant
                                                                                                     wish to comment on actions by                          U.S.C. 4321–4370f), and have
                                             regulatory action, this rule is exempt
                                                                                                     employees of the Coast Guard, call 1–                  determined that this action is one of a
                                             from the requirements of Executive
                                                                                                     888–REG–FAIR (1–888–734–3247). The                     category of actions that do not
                                             Order 13771. See OMB’s Memorandum
                                                                                                     Coast Guard will not retaliate against                 individually or cumulatively have a
                                             titled ‘‘Interim Guidance Implementing
                                                                                                     small entities that question or complain               significant effect on the human
                                             Section 2 of the Executive Order of
                                                                                                     about this rule or any policy or action                environment. This rule involves a
                                             January 30, 2017 titled ‘Reducing
                                                                                                     of the Coast Guard.                                    special local regulation lasting nine
                                             Regulation and Controlling Regulatory
                                             Costs’ ’’ (February 2, 2017).                           C. Collection of Information                           hours that will limit entry to a
                                                This regulatory action determination                                                                        designated area. It is categorically
                                             is based on the size, location, duration,                 This rule will not call for a new                    excluded under section 2.B.2, figure 2–
                                             and time-of-year of the special local                   collection of information under the                    1, and paragraph 34(h) of the
                                             regulation. Vessel traffic will be able to              Paperwork Reduction Act of 1995 (44                    Instruction. A Record of Environmental
                                             safely transit around this special local                U.S.C. 3501–3520).                                     Consideration (REC) is available in the
                                             regulation zone which will impact a                     D. Federalism and Indian Tribal                        docket where indicated in the
                                             small designated area of 7 a.m. to 12                   Governments                                            ADDRESSES section of this preamble.
                                             p.m. July 6, 2017. Moreover, the Coast                                                                         G. Protest Activities
                                             Guard will issue Broadcast Notice to                       A rule has implications for federalism
                                             Mariners via VHF–FM marine channel                      under Executive Order 13132,                             The Coast Guard respects the First
                                             16 about the special local regulation and               Federalism, if it has a substantial direct             Amendment rights of protesters.
                                             the rule allows vessels to seek                         effect on the States, on the relationship              Protesters are asked to contact the
                                             permission to enter the area.                           between the national government and                    person listed in the FOR FURTHER
                                                                                                     the States, or on the distribution of                  INFORMATION CONTACT section to
                                             B. Impact on Small Entities                             power and responsibilities among the                   coordinate protest activities so that your
                                                The Regulatory Flexibility Act of                    various levels of government. We have                  message can be received without
                                             1980, 5 U.S.C. 601–612, as amended,                     analyzed this rule under that Order and                jeopardizing the safety or security of
                                             requires Federal agencies to consider                   have determined that it is consistent                  people, places or vessels.
                                             the potential impact of regulations on                  with the fundamental federalism
                                                                                                                                                            List of Subjects in 33 CFR Part 165
                                             small entities during rulemaking. The                   principles and preemption requirements
                                             term ‘‘small entities’’ comprises small                 described in Executive Order 13132.                      Harbors, Marine safety, Navigation
                                             businesses, not-for-profit organizations                   Also, this rule does not have tribal                (water), Reporting and recordkeeping
                                             that are independently owned and                        implications under Executive Order                     requirements, Waterways.
                                             operated and are not dominant in their                  13175, Consultation and Coordination                     For the reasons discussed in the
                                             fields, and governmental jurisdictions                  with Indian Tribal Governments,                        preamble, the Coast Guard amends 33
                                             with populations of less than 50,000.                   because it does not have a substantial                 CFR part 100 as follows:
                                             The Coast Guard certifies under 5 U.S.C.                direct effect on one or more Indian
                                             605(b) that this rule will not have a                   tribes, on the relationship between the                PART 165—REGULATED NAVIGATION
                                                                                                     Federal Government and Indian tribes,                  AREAS AND LIMITED ACCESS AREAS
nlaroche on DSK30NT082PROD with RULES




                                             significant economic impact on a
                                             substantial number of small entities.                   or on the distribution of power and                    ■ 1. The authority citation for part 165
                                                While some owners or operators of                    responsibilities between the Federal                   continues to read as follows:
                                             vessels intending to transit the special                Government and Indian tribes. If you
                                             local regulation may be small entities,                 believe this rule has implications for                     Authority: 33 U.S.C. 1233.
                                             for the reasons stated in section V.A                   federalism or Indian tribes, please                    ■ 2. Add § 165.T09–0372 to read as
                                             above, this rule will not have a                        contact the person listed in the FOR                   follows:


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                                                                   Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations                                                 25523

                                             § 165.T09–0372 Special local regulation;                ENVIRONMENTAL PROTECTION                               requests that if at all possible, you
                                             Motor City Mile; Detroit River; Detroit, MI.            AGENCY                                                 contact the person listed in the FOR
                                                (a) Location. A regulated area is                                                                           FURTHER INFORMATION CONTACT section to
                                                                                                     40 CFR Parts 52 and 81                                 schedule your inspection. The Regional
                                             established to encompass the following
                                             waterway: All waters of the Detroit                     [EPA–R04–OAR–2016–0583; FRL–9962–27–                   Office’s official hours of business are
                                                                                                     Region 4]                                              Monday through Friday 8:30 a.m. to
                                             River, Belle Isle Beach between the
                                                                                                                                                            4:30 p.m., excluding federal holidays.
                                             following two lines: The first line is
                                                                                                     Air Plan Approval; Air Plan Approval                   FOR FURTHER INFORMATION CONTACT: Jane
                                             drawn directly across the channel from                  and Air Quality Designation; GA;                       Spann, Air Regulatory Management
                                             position 42°20.517′ N., 082°59.159′ W.                  Redesignation of the Atlanta, Georgia                  Section, Air Planning and
                                             to 42°20.705′ N., 082°59.233′ W. (NAD                   2008 8-Hour Ozone Nonattainment                        Implementation Branch, Pesticides and
                                             83); the second line, to the north, is                  Area to Attainment                                     Toxics Management Division, Region 4,
                                             drawn directly across the channel from                                                                         U.S. Environmental Protection Agency,
                                             position 42°20.754′ N., 082°58.681′ W.                  AGENCY:  Environmental Protection
                                                                                                     Agency.                                                61 Forsyth Street SW., Atlanta, Georgia
                                             to 42°20.997′ N., 082°58.846″ W. (NAD                                                                          30303–8960. Ms. Spann can be reached
                                             83).                                                    ACTION: Final rule.
                                                                                                                                                            by phone at (404) 562–9029 or via
                                                (b) Enforcement period. This section                 SUMMARY:    On July 18, 2016, the State of             electronic mail at spann.jane@epa.gov.
                                             is effective and will be enforced from 7                Georgia, through the Georgia                           SUPPLEMENTARY INFORMATION:
                                             a.m. until 12 p.m. on July 6, 2017.                     Environmental Protection Division (GA
                                                                                                     EPD) of the Department of Natural                      I. Background for Final Actions
                                                (c) Regulations.
                                                                                                     Resources, submitted a request for the                    Effective July 20, 2012, EPA
                                                (1) Vessels transiting through the                   Environmental Protection Agency (EPA)                  designated areas as unclassifiable/
                                             regulated area are to maintain the                      to redesignate the Atlanta, Georgia 2008               attainment or nonattainment for the
                                             minimum speeds for safe navigation.                     8-hour ozone nonattainment area                        2008 8-hour ozone NAAQS that was
                                                (2) Vessel operators desiring to                     (hereinafter referred to as the ‘‘Atlanta              promulgated on March 27, 2008. See 77
                                             operate in the regulated area must                      Area’’ or ‘‘Area’’) to attainment for the              FR 30088 (May 21, 2012). The Atlanta
                                             contact the Coast Guard Patrol                          2008 8-hour ozone National Ambient                     Area was designated as nonattainment
                                             Commander to obtain permission to do                    Air Quality Standards (NAAQS) and to                   for the 2008 8-hour ozone NAAQS and
                                             so. The Captain of the Port Detroit                     approve a State Implementation Plan                    classified as a marginal nonattainment
                                             (COTP) or his on-scene representative                   (SIP) revision containing a maintenance                area.1 On July 14, 2016, EPA issued a
                                                                                                     plan for the Area. EPA is approving the                determination that the Area had
                                             may be contacted via VHF Channel 16
                                                                                                     State’s maintenance plan, including the                attained the 2008 8-hour ozone NAAQS
                                             or at 313–568–9560. Vessel operators
                                                                                                     motor vehicle emission budgets                         (81 FR 45419). On July 18, 2016, Georgia
                                             given permission to operate within the                  (MVEBs) for nitrogen oxides (NOX) and                  requested that EPA redesignate the
                                             regulated area must comply with all                     volatile organic compounds (VOC) for                   Atlanta Area to attainment for the 2008
                                             directions given to them by the COTP or                 the years 2014 and 2030 for the Area,                  8-hour ozone NAAQS and submitted a
                                             his on-scene representative.                            and redesignating the Area to                          SIP revision containing the State’s plan
                                                (3) The ‘‘on-scene representative’’ of               attainment for the 2008 8-hour ozone                   for maintaining attainment of the 2008
                                             the COTP Detroit is any Coast Guard                     NAAQS. Additionally, EPA finds the                     8-hour ozone standard in the Area,
                                             commissioned, warrant or petty officer                  2014 and 2030 MVEBs for the Atlanta                    including 2014 and 2030 MVEBs for
                                             or a Federal, State, or local law                       Area adequate for the purposes of                      NOX and VOC for the Atlanta Area. In
                                             enforcement officer designated by or                    transportation conformity.                             a notice of proposed rulemaking
                                             assisting the Captain of the Port Detroit               DATES: This rule will be effective June                (NPRM) published on December 23,
                                             to act on his behalf.                                   2, 2017.                                               2016 (81 FR 94283), EPA proposed to
                                                                                                     ADDRESSES: EPA has established a                       approve the maintenance plan,
                                                (4) Vessel operators shall contact the                                                                      including the 2014 and 2030 MVEBs for
                                             COTP Detroit or his on-scene                            docket for this action under Docket
                                                                                                     Identification No. EPA–R04–OAR–                        NOX and VOC, and incorporate the plan
                                             representative to obtain permission to                                                                         into the Georgia SIP and to redesignate
                                                                                                     2016–0583. All documents in the docket
                                             enter or operate within the special local                                                                      the Area to attainment for the 2008 8-
                                                                                                     are listed on the www.regulations.gov
                                             regulation. The COTP Detroit or his on-                 Web site. Although listed in the index,                hour ozone NAAQS. In that notice, EPA
                                             scene representative may be contacted                   some information may not be publicly                   also notified the public of the status of
                                             via VHF Channel 16 or at 313–568–                       available, i.e., Confidential Business                 the Agency’s adequacy determination
                                             9464. Vessel operators given permission                 Information or other information whose                 for the NOX and VOC MVEBs for the
                                             to enter or operate in the regulated area               disclosure is restricted by statute.                   Atlanta Area. The details of Georgia’s
                                             must comply with all directions given to                Certain other material, such as                        submittal and the rationale for EPA’s
                                             them by the COTP Detroit or his on-                     copyrighted material, is not placed on                 actions are further explained in the
                                             scene representative.                                   the Internet and will be publicly                      NPRM.
                                               Dated: May 26, 2017.                                  available only in hard copy form.                      II. Response to Comments
                                             Scott B. Lemasters,
                                                                                                     Publicly available docket materials are
                                                                                                     available either electronically through                   EPA received one set of comments on
                                             Commander, U.S. Coast Guard, Captain of
                                                                                                     www.regulations.gov or in hard copy at                 its December 23, 2016, proposed
                                             the Port Detroit.                                                                                              rulemaking actions. Specifically, EPA
                                                                                                     the Air Regulatory Management Section,
nlaroche on DSK30NT082PROD with RULES




                                             [FR Doc. 2017–11465 Filed 6–1–17; 8:45 am]
                                                                                                     Air Planning and Implementation                        received adverse comments from the
                                             BILLING CODE 9110–04–P                                  Branch, Air, Pesticides and Toxics                     Sierra Club (‘‘Commenter’’). These
                                                                                                     Management Division, U.S.                                1 The Atlanta Area consists of Bartow, Cherokee,
                                                                                                     Environmental Protection Agency,                       Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
                                                                                                     Region 4, 61 Forsyth Street SW.,                       Forsyth, Fulton, Gwinnett, Henry, Newton,
                                                                                                     Atlanta, Georgia 30303–8960. EPA                       Paulding and Rockdale Counties in Georgia.



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Document Created: 2017-06-02 00:37:59
Document Modified: 2017-06-02 00:37:59
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 7 a.m. until 12 p.m. on July 6, 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 25521 
RIN Number1625-AA08
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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