82_FR_31584 82 FR 31455 - Safety Zone; Port Huron Blue Water Fest Fireworks, St. Clair River, Port Huron, MI

82 FR 31455 - Safety Zone; Port Huron Blue Water Fest Fireworks, St. Clair River, Port Huron, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 129 (July 7, 2017)

Page Range31455-31457
FR Document2017-14303

The Coast Guard is establishing a temporary safety zone for navigable waters within a 420-foot radius of a portion of the St. Clair River, Port Huron, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Port Huron Blue Water Fest Fireworks. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Detroit.

Federal Register, Volume 82 Issue 129 (Friday, July 7, 2017)
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31455-31457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14303]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0500]
RIN 1625-AA00


Safety Zone; Port Huron Blue Water Fest Fireworks, St. Clair 
River, Port Huron, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 420-foot radius of a portion of the St. Clair 
River, Port Huron, MI. This zone is necessary to protect spectators and 
vessels from potential hazards associated with the Port Huron Blue 
Water Fest Fireworks. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Detroit.

DATES: This temporary final rule is effective from 10 p.m. on July 20, 
2017, through 10:20 p.m. on July 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0500 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 fireworks display 
until there was insufficient time remaining before the event to publish 
an NPRM.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this temporary rule 
effective less than 30 days after publication in the Federal Register. 
For the same reasons discussed in the preceding paragraph, waiting for 
a 30 day notice period to run would be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazard associated with fireworks from 10 p.m. to 10:20 p.m. 
on July 20, 2017 will be a safety concern to anyone within a 420-foot 
radius of the launch site. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone while the fireworks are being displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. through 10:20 p.m. 
on July 20, 2017. In the event of inclement weather the regulated area 
will be enforced from 10 p.m. through 10:20 p.m. on July 21, 2017. The 
safety zone will encompass all U.S. navigable waters of the St. Clair 
River, Port Huron, MI, within a 420-foot radius of position 
42[deg]58.846' N., 082[deg]25.201' 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.

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 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.'' This 
rule has not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, it has not been reviewed by the 
Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing

[[Page 31456]]

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 St. Clair River from 10:00 p.m. 
to 10:20 p.m. on July 20 or July 21, 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 an 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 safety zone lasting less than thirty minutes that will 
prohibit entry within 420-feet of the firework launch site. It is 
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(g) 
of the Commandant 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 record 
keeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T09-0500 to read as follows:


Sec.  165.T09-0500  Safety Zone; Port Huron Blue Water Fest Fireworks, 
St. Clair River, Port Huron, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the St. Clair River, Port Huron, MI within a 420-
foot radius of position 42[deg]58.846' N., 082[deg]25.201' W. (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 10 p.m. through 10:20 p.m. on 
July 20, 2017. In the event of inclement weather, the regulated area 
will be enforced from 10 p.m. through 10:20 p.m. on July 21, 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

[[Page 31457]]

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: July 3, 2017.
J.W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-14303 Filed 7-6-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations                                         31455

                                                     (1) Brewerton Fireworks, Brewerton,                   Port Huron, MI. This zone is necessary                III. Legal Authority and Need for Rule
                                                  NY; The safety zone listed in 33 CFR                     to protect spectators and vessels from                   The Coast Guard is issuing this rule
                                                  165.939(a)(8) will be enforced on July 3,                potential hazards associated with the                 under authority in 33 U.S.C. 1231. The
                                                  2017, with a rain date of July 8, 2017,                  Port Huron Blue Water Fest Fireworks.                 Captain of the Port Detroit (COTP) has
                                                  from 9 p.m. to 10:30 p.m. within a 420                   Entry of vessels or persons into this                 determined that potential hazard
                                                  foot radius of the barge located at                      zone is prohibited unless specifically                associated with fireworks from 10 p.m.
                                                  position 43°14′18.32″ N., 076°8′1.90″ W.                 authorized by the Captain of the Port                 to 10:20 p.m. on July 20, 2017 will be
                                                  (NAD83).                                                 Detroit.                                              a safety concern to anyone within a 420-
                                                     Pursuant to 33 CFR 165.23, entry into,                                                                      foot radius of the launch site. This rule
                                                  transiting, or anchoring within the                      DATES:  This temporary final rule is
                                                                                                           effective from 10 p.m. on July 20, 2017,              is needed to protect personnel, vessels,
                                                  safety zone during an enforcement                                                                              and the marine environment in the
                                                  period is prohibited unless authorized                   through 10:20 p.m. on July 21, 2017.
                                                                                                                                                                 navigable waters within the safety zone
                                                  by the Captain of the Port Buffalo or his                ADDRESSES:   To view documents                        while the fireworks are being displayed.
                                                  designated representative. Those                         mentioned in this preamble as being
                                                  seeking permission to enter the safety                   available in the docket, go to http://                IV. Discussion of the Rule
                                                  zone may request permission from the                     www.regulations.gov, type USCG–2017–                     This rule establishes a safety zone
                                                  Captain of Port Buffalo via channel 16,                  0500 in the ‘‘SEARCH’’ box and click                  from 10 p.m. through 10:20 p.m. on July
                                                  VHF–FM. Vessels and persons granted                      ‘‘SEARCH.’’ Click on Open Docket                      20, 2017. In the event of inclement
                                                  permission to enter the safety zone shall                Folder on the line associated with this               weather the regulated area will be
                                                  obey the directions of the Captain of the                rule.                                                 enforced from 10 p.m. through 10:20
                                                  Port Buffalo or his designated                           FOR FURTHER INFORMATION CONTACT:  If                  p.m. on July 21, 2017. The safety zone
                                                  representative. While within a safety                    you have questions on this temporary                  will encompass all U.S. navigable
                                                  zone, all vessels shall operate at the                   rule, call or email Tracy Girard,                     waters of the St. Clair River, Port Huron,
                                                  minimum speed necessary to maintain a                    Prevention Department, Sector Detroit,                MI, within a 420-foot radius of position
                                                  safe course.                                             Coast Guard; telephone 313–568–9564,                  42°58.846′ N., 082°25.201′ W. (NAD 83).
                                                     This notice of enforcement is issued                  or email Tracy.M.Girard@uscg.mil.                     No vessel or person will be permitted to
                                                  under authority of 33 CFR 165.939 and                                                                          enter the safety zone without obtaining
                                                  5 U.S.C. 552(a). In addition to this                     SUPPLEMENTARY INFORMATION:                            permission from the COTP or a
                                                  notice of enforcement in the Federal                     I. Table of Abbreviations                             designated representative.
                                                  Register, the Coast Guard will provide
                                                                                                           CFR Code of Federal Regulations                       V. Regulatory Analyses
                                                  the maritime community with advance
                                                                                                           DHS Department of Homeland Security                     We developed this rule after
                                                  notification of this enforcement period                  FR Federal Register
                                                  via Broadcast Notice to Mariners or                                                                            considering numerous statutes and
                                                                                                           NPRM Notice of Proposed Rulemaking
                                                  Local Notice to Mariners. If the Captain                 § Section
                                                                                                                                                                 executive orders related to rulemaking.
                                                  of the Port Buffalo determines that the                  U.S.C. United States Code                             Below we summarize our analyses
                                                  safety zone need not be enforced for the                                                                       based on these statutes and executive
                                                  full duration stated in this notice he or                II. Background Information and                        orders.
                                                  she may use a Broadcast Notice to                        Regulatory History
                                                                                                                                                                 A. Regulatory Planning and Review
                                                  Mariners to grant general permission to                     The Coast Guard is issuing this                       Executive Orders 12866 and 13563
                                                  enter the respective safety zone.                        temporary rule without prior notice and               direct agencies to assess the costs and
                                                     Dated: July 3, 2017.                                  opportunity to comment pursuant to                    benefits of available regulatory
                                                  J.S. Dufresne,                                           authority under section 4(a) of the                   alternatives and, if regulation is
                                                  Captain, U.S. Coast Guard, Captain of the                Administrative Procedure Act (APA) (5                 necessary, to select regulatory
                                                  Port Buffalo.                                            U.S.C. 553(b)). This provision                        approaches that maximize net benefits.
                                                  [FR Doc. 2017–14307 Filed 7–3–17; 4:15 pm]
                                                                                                           authorizes an agency to issue a rule                  Executive Order 13563 emphasizes the
                                                                                                           without prior notice and opportunity to               importance of quantifying both costs
                                                  BILLING CODE 9110–04–P
                                                                                                           comment when the agency for good                      and benefits, of reducing costs, of
                                                                                                           cause finds that those procedures are                 harmonizing rules, and of promoting
                                                  DEPARTMENT OF HOMELAND                                   ‘‘impracticable, unnecessary, or contrary             flexibility. Executive Order 13771
                                                  SECURITY                                                 to the public interest.’’ Under 5 U.S.C.              (‘‘Reducing Regulation and Controlling
                                                                                                           553(b) (B), the Coast Guard finds that                Regulatory Costs’’), directs agencies to
                                                  Coast Guard                                              good cause exists for not publishing a                reduce regulation and control regulatory
                                                                                                           notice of proposed rulemaking (NPRM)                  costs and provides that ‘‘for every one
                                                  33 CFR Part 165                                          with respect to this rule because doing               new regulation issued, at least two prior
                                                                                                           so would be impracticable. The Coast                  regulations be identified for elimination,
                                                  [Docket No. USCG–2017–0500]
                                                                                                           Guard did not receive the final details               and that the cost of planned regulations
                                                  RIN 1625–AA00                                            of this fireworks display until there was             be prudently managed and controlled
                                                                                                           insufficient time remaining before the                through a budgeting process.’’ This rule
                                                  Safety Zone; Port Huron Blue Water                       event to publish an NPRM.                             has not been designated a ‘‘significant
                                                  Fest Fireworks, St. Clair River, Port                       We are issuing this rule, and under 5              regulatory action,’’ under Executive
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  Huron, MI                                                U.S.C. 553(d)(3), the Coast Guard finds               Order 12866. Accordingly, it has not
                                                  AGENCY:    Coast Guard, DHS.                             that good cause exists for making this                been reviewed by the Office of
                                                  ACTION:   Temporary final rule.                          temporary rule effective less than 30                 Management and Budget.
                                                                                                           days after publication in the Federal                    As this rule is not a significant
                                                  SUMMARY:   The Coast Guard is                            Register. For the same reasons                        regulatory action, this rule is exempt
                                                  establishing a temporary safety zone for                 discussed in the preceding paragraph,                 from the requirements of Executive
                                                  navigable waters within a 420-foot                       waiting for a 30 day notice period to run             Order 13771. See OMB’s Memorandum
                                                  radius of a portion of the St. Clair River,              would be impracticable.                               titled ‘‘Interim Guidance Implementing


                                             VerDate Sep<11>2014   17:43 Jul 06, 2017   Jkt 241001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\07JYR1.SGM   07JYR1


                                                  31456                 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations

                                                  Section 2 of the Executive Order of                      about this rule or any policy or action               environment. This rule involves a safety
                                                  January 30, 2017 titled ‘Reducing                        of the Coast Guard.                                   zone lasting less than thirty minutes
                                                  Regulation and Controlling Regulatory                                                                          that will prohibit entry within 420-feet
                                                                                                           C. Collection of Information
                                                  Costs’ ’’ (February 2, 2017).                                                                                  of the firework launch site. It is
                                                     This regulatory action determination                    This rule will not call for a new                   categorically excluded under section
                                                  is based on the size, location, duration,                collection of information under the                   2.B.2, figure 2–1, paragraph 34(g) of the
                                                  and time-of-year of the safety zone.                     Paperwork Reduction Act of 1995 (44                   Commandant Instruction. A Record of
                                                  Vessel traffic will be able to safely                    U.S.C. 3501–3520).                                    Environmental Consideration (REC)
                                                  transit around this safety zone which                                                                          supporting this determination is
                                                                                                           D. Federalism and Indian Tribal
                                                  will impact a small designated area of                                                                         available in the docket where indicated
                                                                                                           Governments
                                                  the St. Clair River from 10:00 p.m. to                                                                         in the ADDRESSES section of this
                                                  10:20 p.m. on July 20 or July 21, 2017.                     A rule has implications for federalism             preamble.
                                                  Moreover, the Coast Guard will issue                     under Executive Order 13132,
                                                  Broadcast Notice to Mariners via VHF–                    Federalism, if it has a substantial direct            G. Protest Activities
                                                  FM marine channel 16 about the zone                      effect on the States, on the relationship               The Coast Guard respects the First
                                                  and the rule allows vessels to seek                      between the national government and                   Amendment rights of protesters.
                                                  permission to enter the zone.                            the States, or on the distribution of                 Protesters are asked to contact the
                                                                                                           power and responsibilities among the                  person listed in the FOR FURTHER
                                                  B. Impact on Small Entities                              various levels of government. We have                 INFORMATION CONTACT section to
                                                     The Regulatory Flexibility Act of                     analyzed this rule under that Order and               coordinate protest activities so that your
                                                  1980, 5 U.S.C. 601–612, as amended,                      have determined that it is consistent                 message can be received without
                                                  requires Federal agencies to consider                    with the fundamental federalism                       jeopardizing the safety or security of
                                                  the potential impact of regulations on                   principles and preemption requirements                people, places or vessels.
                                                  small entities during rulemaking. The                    described in Executive Order 13132.
                                                  term ‘‘small entities’’ comprises small                     Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                                  businesses, not-for-profit organizations                 implications under Executive Order                      Harbors, Marine safety, Navigation
                                                  that are independently owned and                         13175, Consultation and Coordination                  (water), Reporting and record keeping
                                                  operated and are not dominant in their                   with Indian Tribal Governments,                       requirements, Security measures,
                                                  fields, and governmental jurisdictions                   because it does not have a substantial                Waterways.
                                                  with populations of less than 50,000.                    direct effect on one or more Indian
                                                  The Coast Guard certifies under 5 U.S.C.                 tribes, on the relationship between the                 For the reasons discussed in the
                                                  605(b) that this rule will not have a                    Federal Government and Indian tribes,                 preamble, the Coast Guard amends 33
                                                  significant economic impact on a                         or on the distribution of power and                   CFR part 165 as follows:
                                                  substantial number of small entities.                    responsibilities between the Federal
                                                     While some owners or operators of                                                                           PART 165—REGULATED NAVIGATION
                                                                                                           Government and Indian tribes. If you
                                                  vessels intending to transit the safety                                                                        AREAS AND LIMITED ACCESS AREAS
                                                                                                           believe this rule has implications for
                                                  zone may be small entities, for the                      Federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                                  reasons stated in section V.A above, this                contact the person listed in the FOR                  continues to read as follows:
                                                  rule will not have a significant                         FURTHER INFORMATION CONTACT section
                                                  economic impact on any vessel owner                      above.                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  or operator.                                                                                                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                     Under section 213(a) of the Small                     E. Unfunded Mandates Reform Act                       Department of Homeland Security Delegation
                                                  Business Regulatory Enforcement                                                                                No. 0170.1.
                                                                                                             The Unfunded Mandates Reform Act
                                                  Fairness Act of 1996 (Pub. L. 104–121),                  of 1995 (2 U.S.C. 1531–1538) requires                 ■ 2. Add § 165.T09–0500 to read as
                                                  we want to assist small entities in                      Federal agencies to assess the effects of             follows:
                                                  understanding this rule. If the rule                     their discretionary regulatory actions. In
                                                  would affect your small business,                                                                              § 165.T09–0500 Safety Zone; Port Huron
                                                                                                           particular, the Act addresses actions
                                                                                                                                                                 Blue Water Fest Fireworks, St. Clair River,
                                                  organization, or governmental                            that may result in the expenditure by a               Port Huron, MI.
                                                  jurisdiction and you have questions                      State, local, or tribal government, in the
                                                  concerning its provisions or options for                 aggregate, or by the private sector of                  (a) Location. A safety zone is
                                                  compliance, please contact the person                    $100,000,000 (adjusted for inflation) or              established to include all U.S. navigable
                                                  listed in the FOR FURTHER INFORMATION                    more in any one year. Though this rule                waters of the St. Clair River, Port Huron,
                                                  CONTACT section.                                         will not result in such an expenditure,               MI within a 420-foot radius of position
                                                     Small businesses may send comments                    we do discuss the effects of this rule                42°58.846′ N., 082°25.201′ W. (NAD 83).
                                                  on the actions of Federal employees                      elsewhere in this preamble.                             (b) Enforcement period. The regulated
                                                  who enforce, or otherwise determine                                                                            area described in paragraph (a) of this
                                                  compliance with, Federal regulations to                  F. Environment                                        section will be enforced from 10 p.m.
                                                  the Small Business and Agriculture                         We have analyzed this rule under                    through 10:20 p.m. on July 20, 2017. In
                                                  Regulatory Enforcement Ombudsman                         Department of Homeland Security                       the event of inclement weather, the
                                                  and the Regional Small Business                          Management Directive 023–01 and                       regulated area will be enforced from 10
                                                  Regulatory Fairness Boards. The                          Commandant Instruction M16475.lD,                     p.m. through 10:20 p.m. on July 21,
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  Ombudsman evaluates these actions                        which guide the Coast Guard in                        2017.
                                                  annually and rates each agency’s                         complying with the National                             (c) Regulations. (1) No vessel or
                                                  responsiveness to small business. If you                 Environmental Policy Act of 1969 (42                  person may enter, transit through, or
                                                  wish to comment on actions by                            U.S.C. 4321–4370f), and have                          anchor within the safety zone unless
                                                  employees of the Coast Guard, call 1–                    determined that this action is one of a               authorized by the Captain of the Port
                                                  888–REG–FAIR (1–888–734–3247). The                       category of actions that do not                       Detroit, or his on-scene representative.
                                                  Coast Guard will not retaliate against                   individually or cumulatively have a                     (2) The safety zone is closed to all
                                                  small entities that question or complain                 significant effect on the human                       vessel traffic, except as may be


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                                                                           Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations                                                 31457

                                                  permitted by the Captain of the Port                          ENVIRONMENTAL PROTECTION                                   the http://www.regulations.gov Web
                                                  Detroit or his on-scene representative.                       AGENCY                                                     site. Although listed in the index, some
                                                    (3) The ‘‘on-scene representative’’ of                                                                                 information is not publicly available,
                                                                                                                40 CFR Part 52                                             e.g., Confidential Business Information
                                                  the Captain of the Port Detroit is any
                                                  Coast Guard commissioned, warrant, or                         [EPA–R09–OAR–2016–0415; FRL–9962–53–                       (CBI) or other information whose
                                                                                                                Region 9]                                                  disclosure is restricted by statute.
                                                  petty officer or a Federal, State, or local
                                                                                                                                                                           Certain other material, such as
                                                  law enforcement officer designated by
                                                                                                                Approval of California Air Plan                            copyrighted material, is not placed on
                                                  or assisting the Captain of the Port                                                                                     the Internet and will be publicly
                                                                                                                Revisions, Antelope Valley Air Quality
                                                  Detroit to act on his behalf.                                 Management District                                        available only in hard copy form.
                                                    (4) Vessel operators shall contact the                                                                                 Publicly available docket materials are
                                                  Captain of the Port Detroit or his on-                        AGENCY:  Environmental Protection                          available through http://
                                                  scene representative to obtain                                Agency (EPA).                                              www.regulations.gov, or please contact
                                                  permission to enter or operate within                         ACTION: Final rule.                                        the person identified in the FOR FURTHER
                                                  the safety zone. The Captain of the Port                                                                                 INFORMATION CONTACT section for
                                                                                                                SUMMARY:   The Environmental Protection
                                                  Detroit or his on-scene representative                                                                                   additional availability information.
                                                                                                                Agency (EPA) is taking final action to
                                                  may be contacted via VHF Channel 16                           approve a revision to the Antelope                         FOR FURTHER INFORMATION CONTACT:
                                                  or at 313–568–9464. Vessel operators                          Valley Air Quality Management District                     Jeffrey Buss, EPA Region IX, (415) 947–
                                                  given permission to enter or operate in                       (AVAQMD or ‘‘District’’) portion of the                    4152, buss.jeffrey@epa.gov.
                                                  the regulated area must comply with all                       California State Implementation Plan                       SUPPLEMENTARY INFORMATION:
                                                  directions given to them by the Captain                       (SIP). This revision concerns emissions                    Throughout this document, ‘‘we,’’ ‘‘us’’
                                                  of the Port Detroit or his on-scene                           of volatile organic compounds (VOCs)                       and ‘‘our’’ refer to the EPA.
                                                  representative.                                               and oxides of nitrogen (NOX) from                          Table of Contents
                                                    Dated: July 3, 2017.                                        passenger vehicles. We are approving a
                                                                                                                local rule that encourages the use of                      I. Proposed Action
                                                  J.W. Novak,                                                                                                              II. Public Comments and EPA Responses
                                                                                                                rideshare alternatives as a means of
                                                  Captain, U.S. Coast Guard, Captain of the                     travelling to worksites in the District.                   III. EPA Action
                                                  Port Detroit.                                                                                                            IV. Incorporation by Reference
                                                                                                                DATES: This rule will be effective on                      V. Statutory and Executive Order Reviews
                                                  [FR Doc. 2017–14303 Filed 7–6–17; 8:45 am]
                                                                                                                August 7, 2017.
                                                  BILLING CODE 9110–04–P
                                                                                                                ADDRESSES: The EPA has established a
                                                                                                                                                                           I. Proposed Action
                                                                                                                docket for this action under Docket ID                       On March 10, 2017 at 82 FR 13280,
                                                                                                                No. EPA–R09–OAR–2016–0415. All                             the EPA proposed to approve the
                                                                                                                documents in the docket are listed on                      following rule into the California SIP.

                                                                                                                                                                                             Adopted/
                                                             Local agency                       Rule No.                                        Rule title                                   amended/      Submitted
                                                                                                                                                                                              revised

                                                  AVAQMD ................................                2200    Transportation Outreach Program .........................................      01/19/99      10/29/99



                                                     Rule 2200 provides a mechanism for                         III. EPA Action                                            continue to make, these documents
                                                  obtaining documentation of emission                                                                                      available through www.regulations.gov
                                                  reductions resulting from trip reduction                         No comments were submitted.                             and at the EPA Region IX Office (please
                                                  programs. According to the District, the                      Therefore, as authorized in section                        contact the person identified in the FOR
                                                  rule is expected to help reduce VOC and                       110(k)(3) of the Act, the EPA is fully                     FURTHER INFORMATION CONTACT section of
                                                  NOX emissions by encouraging                                  approving this rule into the California                    this preamble for more information).
                                                  individuals to select rideshare                               SIP. As we discussed in our proposed
                                                  alternatives rather than drive alone, and                     action, the rule establishes a framework                   V. Statutory and Executive Order
                                                  by educating employees and the public                         for documenting emissions reductions                       Reviews
                                                  about the health impacts of motor                             from trip reduction programs, but does                       Under the Clean Air Act, the
                                                  vehicle pollution. We proposed to                             not require any specific trip reduction                    Administrator is required to approve a
                                                  approve this rule because we                                  programs nor does it contain a good                        SIP submission that complies with the
                                                  determined that it complied with the                          faith estimate of emission reductions.                     provisions of the Act and applicable
                                                  relevant CAA requirements. Our                                Consequently, it is not appropriate to                     federal regulations. 42 U.S.C. 7410(k);
                                                  proposed action contains more                                 credit this rule with emission                             40 CFR 52.02(a). Thus, in reviewing SIP
                                                  information on the rule and our                               reductions in the SIP.                                     submissions, the EPA’s role is to
                                                  evaluation.1                                                  IV. Incorporation by Reference                             approve state choices, provided that
                                                  II. Public Comments and EPA                                                                                              they meet the criteria of the Clean Air
                                                  Responses                                                       In this rule, the EPA is finalizing                      Act. Accordingly, this action merely
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                                regulatory text that includes                              approves state law as meeting federal
                                                     The EPA’s proposed action provided                         incorporation by reference. In                             requirements and does not impose
                                                  a 30-day public comment period. During                        accordance with requirements of 1 CFR                      additional requirements beyond those
                                                  this period, we received no comments.                         51.5, the EPA is finalizing the                            imposed by state law. For that reason,
                                                                                                                incorporation by reference of the                          this action:
                                                                                                                                                                             • Is not a significant regulatory action
                                                    1 Our proposed rule mistakenly identified the

                                                  adoption date of Antelope Valley Rule 2200 as July
                                                                                                                AVAQMD rule described in the
                                                  20, 1999. The correct adoption date for the rule is           amendments to 40 CFR part 52 set forth                     subject to review by the Office of
                                                  January 19, 1999.                                             below. The EPA has made, and will                          Management and Budget under


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Document Created: 2017-07-07 02:19:51
Document Modified: 2017-07-07 02:19:51
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 10 p.m. on July 20, 2017, through 10:20 p.m. on July 21, 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 31455 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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