82_FR_33587 82 FR 33449 - Security Zone; Atlantic Ocean, Ft. Lauderdale, FL

82 FR 33449 - Security Zone; Atlantic Ocean, Ft. Lauderdale, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 138 (July 20, 2017)

Page Range33449-33451
FR Document2017-15265

The Coast Guard is establishing a temporary security zone on the waters of the Atlantic Ocean for a United States Navy exercise. There will be a zone approximately 4 nautical miles wide extending from .75 nautical miles off the beach to 4 nautical miles offshore. The zone will begin approximately .4 nautical miles south of Port Everglades Inlet. The security zone is needed to protect personnel, vessels, and the surrounding waterway from terrorist acts, sabotage or other subversive acts, accidents, or other causes of a similar nature. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Miami.

Federal Register, Volume 82 Issue 138 (Thursday, July 20, 2017)
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Rules and Regulations]
[Pages 33449-33451]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15265]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0670]
RIN 1625-AA87


Security Zone; Atlantic Ocean, Ft. Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone on 
the waters of the Atlantic Ocean for a United States Navy exercise. 
There will be a zone approximately 4 nautical miles wide extending from 
.75 nautical miles off the beach to 4 nautical miles offshore. The zone 
will begin approximately .4 nautical miles south of Port Everglades 
Inlet. The security zone is needed to protect personnel, vessels, and 
the surrounding waterway from terrorist acts, sabotage or other 
subversive acts, accidents, or other causes of a similar nature. Entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Miami.

DATES: This rule is effective without actual notice from 5 a.m. to 8 
p.m. daily from July 20, 2017 through July 21, 2017. For the purposes 
of enforcement, actual notice will be used from 5 a.m. to 8 p.m. daily 
from July 8, 2017 through July 20, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Mara Brown, U.S. Coast Guard; telephone 
305-535-4317, 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 the Coast Guard did not receive 
notice of this event until two days prior to the exercise and there is 
an immediate need to protect the security of the naval vessels, the 
public, and the surrounding waterway from terrorist acts, sabotage or 
other subversive acts, accidents, or other causes of similar nature. It 
is impracticable to publish an NPRM because the zone must be 
established by July 8, 2017.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential security risks associated with naval 
exercises.

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 Miami (COTP) has determined the potential 
security concerns associated with naval exercises starting July 8, 
2017. This rule is needed to protect naval vessels, the public, and the 
surrounding waterway from terrorist acts, sabotage or other subversive 
acts, accidents, or other causes of a similar nature while the exercise 
is occurring.

IV. Discussion of the Rule

    This rule establishes a security zone from 5 a.m. until 8 p.m. 
daily from July 8, 2017 through July 21, 2017, while the Navy is 
performing the exercise. The security zone will cover all navigable 
waters approximately in an area 4 nautical miles wide extending from 
.75 nautical miles off the beach to 4 nautical miles offshore. The zone 
will begin approximately .4 nautical miles south of Port Everglades 
Inlet. No vessel or person will be permitted to enter the security zone 
without obtaining

[[Page 33450]]

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 a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The Coast Guard has made a determination this rule is not a 
significant regulatory action. This regulatory action determination is 
based on the size, durations and location of the security zone. The 
zone is only 4 nautical miles wide extending from .75 nautical miles 
off the beach to 4 nautical miles offshore. Vessel traffic will be able 
to safely transit around the security zone without significant 
diversion.

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 
security 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 M16475.1D, 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 security zone that will prohibit entry within certain 
waters of the Atlantic Ocean in Ft. Lauderdale, Florida, in order to 
protect the safety of life and property on the waters while the 
exercise is occurring. It is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


[[Page 33451]]



0
2. Add a temporary Sec.  165.T07-0670 to read as follows:


Sec.  165.T07-0670  Security Zone; United States Navy Exercise, Ft. 
Lauderdale, FL.

    (a) Regulated area. The following regulated area is established as 
a security zone: All waters starting at point 1 in position 
26[deg]05'03'' N. 80[deg]05'42'' W.; thence east to point 2 in position 
26[deg]05'03'' N. 80[deg]02'04'' W.; thence south to point 3 in 
position 26[deg]00'57'' N. 80[deg]02'25'' W.; thence west to point 4 in 
position 26[deg]00'57'' N. 80[deg]06'04'' W.; thence north back to 
origin.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Miami in the enforcement of the regulated area.
    (c) Regulations. All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
security zone without authorization from the Captain of the Port Miami 
or a designated representative.
    (d) Effective and enforcement dates. This rule is effective daily 
from 5 a.m. until 8 p.m. on July 8, 2017 through July 21, 2017, unless 
cancelled sooner by the Captain of the Port. This rule will be enforced 
with actual notice by the U.S. Coast Guard representative on scene 
while operations associated with the naval exercise are in progress.

    Dated: July 7, 2017.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2017-15265 Filed 7-19-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations                                          33449

                                                  10 p.m. to 6 a.m. the draw shall open                    comments are posted or a final rule is                II. Background Information and
                                                  on signal if at least 4 hours notice is                  published.                                            Regulatory History
                                                  given. The bridge will be required to                      Dated: July 13, 2017.
                                                  open as soon a possible, no later than                                                                            The Coast Guard is issuing this
                                                                                                           Steven M. Fischer,                                    temporary rule without prior notice and
                                                  1 hour after notification, for vessels
                                                                                                           Bridge Administrator, Thirteenth Coast Guard          opportunity to comment pursuant to
                                                  engaged in emergency response.                           District.
                                                     The Coast Guard will inform the users                                                                       authority under section 4(a) of the
                                                                                                           [FR Doc. 2017–15230 Filed 7–19–17; 8:45 am]           Administrative Procedure Act (APA) (5
                                                  of the waterways of this temporary
                                                  deviation through our Local and                          BILLING CODE 9110–04–P                                U.S.C. 553(b)). This provision
                                                  Broadcast Notices to Mariners and                                                                              authorizes an agency to issue a rule
                                                  through direct outreach with the                                                                               without prior notice and opportunity to
                                                                                                           DEPARTMENT OF HOMELAND                                comment when the agency for good
                                                  Chambers Creek Boating Association so                    SECURITY
                                                  that vessel operators can arrange their                                                                        cause finds that those procedures are
                                                  transits to minimize any impact caused                                                                         ‘‘impracticable, unnecessary, or contrary
                                                                                                           Coast Guard                                           to the public interest.’’ Under 5 U.S.C.
                                                  by the temporary deviation. Vessels able
                                                  to pass underneath the bridge in the                                                                           553(b)(B), the Coast Guard finds that
                                                                                                           33 CFR Part 165                                       good cause exists for not publishing a
                                                  closed-to-navigation position may do so
                                                  at anytime.                                                                                                    notice of proposed rulemaking (NPRM)
                                                                                                           [Docket Number USCG–2017–0670]                        with respect to this rule because the
                                                     In accordance with 33 CFR 117.35(e),
                                                                                                                                                                 Coast Guard did not receive notice of
                                                  the drawbridge must return to its regular
                                                                                                           RIN 1625–AA87                                         this event until two days prior to the
                                                  operating schedule immediately at the
                                                                                                                                                                 exercise and there is an immediate need
                                                  end of the effective period of this                      Security Zone; Atlantic Ocean, Ft.                    to protect the security of the naval
                                                  temporary deviation. This deviation                      Lauderdale, FL                                        vessels, the public, and the surrounding
                                                  from the operating regulations is
                                                                                                                                                                 waterway from terrorist acts, sabotage or
                                                  authorized under 33 CFR 117.35.                          AGENCY:    Coast Guard, DHS.                          other subversive acts, accidents, or other
                                                  II. Public Participation and Request for                 ACTION:   Temporary final rule.                       causes of similar nature. It is
                                                  Comments                                                                                                       impracticable to publish an NPRM
                                                                                                           SUMMARY:    The Coast Guard is                        because the zone must be established by
                                                     We view public participation as
                                                                                                           establishing a temporary security zone                July 8, 2017.
                                                  essential to effective rulemaking, and
                                                                                                           on the waters of the Atlantic Ocean for                  Under 5 U.S.C. 553(d)(3), the Coast
                                                  will consider all comments and material
                                                                                                           a United States Navy exercise. There                  Guard finds that good cause exists for
                                                  received during the comment period.
                                                                                                           will be a zone approximately 4 nautical               making this rule effective less than 30
                                                  Your comment can help shape the
                                                                                                           miles wide extending from .75 nautical                days after publication in the Federal
                                                  outcome of this rulemaking. If you
                                                                                                           miles off the beach to 4 nautical miles               Register. Delaying the effective date of
                                                  submit a comment, please include the
                                                                                                           offshore. The zone will begin                         this rule would be impracticable
                                                  docket number for this rulemaking,
                                                                                                           approximately .4 nautical miles south of              because immediate action is needed to
                                                  indicate the specific section of this
                                                                                                           Port Everglades Inlet. The security zone              respond to the potential security risks
                                                  document to which each comment
                                                                                                           is needed to protect personnel, vessels,              associated with naval exercises.
                                                  applies, and provide a reason for each
                                                                                                           and the surrounding waterway from
                                                  suggestion or recommendation.                                                                                  III. Legal Authority and Need for Rule
                                                                                                           terrorist acts, sabotage or other
                                                     We encourage you to submit                            subversive acts, accidents, or other
                                                  comments through the Federal                                                                                      The Coast Guard is issuing this rule
                                                                                                           causes of a similar nature. Entry of
                                                  eRulemaking Portal at http://                                                                                  under authority in 33 U.S.C. 1231. The
                                                                                                           vessels or persons into this zone is
                                                  www.regulations.gov. If your material                                                                          Captain of the Port Miami (COTP) has
                                                                                                           prohibited unless specifically
                                                  cannot be submitted using http://                                                                              determined the potential security
                                                                                                           authorized by the Captain of the Port
                                                  www.regulations.gov, contact the person                                                                        concerns associated with naval
                                                                                                           Miami.
                                                  in the FOR FURTHER INFORMATION                                                                                 exercises starting July 8, 2017. This rule
                                                  CONTACT section of this document for                     DATES: This rule is effective without                 is needed to protect naval vessels, the
                                                  alternate instructions.                                  actual notice from 5 a.m. to 8 p.m. daily             public, and the surrounding waterway
                                                     We accept anonymous comments. All                     from July 20, 2017 through July 21,                   from terrorist acts, sabotage or other
                                                  comments received will be posted                         2017. For the purposes of enforcement,                subversive acts, accidents, or other
                                                  without change to http://                                actual notice will be used from 5 a.m.                causes of a similar nature while the
                                                  www.regulations.gov and will include                     to 8 p.m. daily from July 8, 2017                     exercise is occurring.
                                                  any personal information you have                        through July 20, 2017.
                                                                                                                                                                 IV. Discussion of the Rule
                                                  provided. For more about privacy and                     FOR FURTHER INFORMATION CONTACT:     If
                                                  the docket, you may review a Privacy                     you have questions on this rule, call or                 This rule establishes a security zone
                                                  Act notice regarding the Federal Docket                  email Petty Officer Mara Brown, U.S.                  from 5 a.m. until 8 p.m. daily from July
                                                  Management System in the March 24,                       Coast Guard; telephone 305–535–4317,                  8, 2017 through July 21, 2017, while the
                                                  2005, issue of the Federal Register (70                  email Mara.J.Brown@uscg.mil.                          Navy is performing the exercise. The
                                                  FR 15086).                                                                                                     security zone will cover all navigable
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                           SUPPLEMENTARY INFORMATION:
                                                     Documents mentioned in this notice,                                                                         waters approximately in an area 4
                                                  and all public comments, are in our                      I. Table of Abbreviations                             nautical miles wide extending from .75
                                                  online docket at http://                                                                                       nautical miles off the beach to 4 nautical
                                                                                                           CFR Code of Federal Regulations
                                                  www.regulations.gov and can be viewed                    DHS Department of Homeland Security
                                                                                                                                                                 miles offshore. The zone will begin
                                                  by following that Web site’s                             FR Federal Register                                   approximately .4 nautical miles south of
                                                  instructions. Additionally, if you go to                 NPRM Notice of proposed rulemaking                    Port Everglades Inlet. No vessel or
                                                  the online docket and sign up for email                  § Section                                             person will be permitted to enter the
                                                  alerts, you will be notified when                        U.S.C. United States Code                             security zone without obtaining


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                                                  33450              Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations

                                                  permission from the COTP or a                            understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                  designated representative.                               would affect your small business,                     particular, the Act addresses actions
                                                                                                           organization, or governmental                         that may result in the expenditure by a
                                                  V. Regulatory Analyses
                                                                                                           jurisdiction and you have questions                   State, local, or tribal government, in the
                                                    We developed this rule after                           concerning its provisions or options for              aggregate, or by the private sector of
                                                  considering numerous statutes and                        compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                  executive orders related to rulemaking.                  listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                  Below we summarize our analyses                          CONTACT section.                                      will not result in such an expenditure,
                                                  based on a number of these statutes and                     Small businesses may send comments                 we do discuss the effects of this rule
                                                  Executive orders, and we discuss First                   on the actions of Federal employees                   elsewhere in this preamble.
                                                  Amendment rights of protestors.                          who enforce, or otherwise determine
                                                                                                           compliance with, Federal regulations to               F. Environment
                                                  A. Regulatory Planning and Review
                                                                                                           the Small Business and Agriculture                      We have analyzed this rule under
                                                     Executive Orders 12866 and 13563                      Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                  direct agencies to assess the costs and                  and the Regional Small Business                       Management Directive 023–01 and
                                                  benefits of available regulatory                         Regulatory Fairness Boards. The                       Commandant Instruction M16475.1D,
                                                  alternatives and, if regulation is                       Ombudsman evaluates these actions                     which guide the Coast Guard in
                                                  necessary, to select regulatory                          annually and rates each agency’s                      complying with the National
                                                  approaches that maximize net benefits.                   responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                                  Executive Order 13771 directs agencies                   wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                  to control regulatory costs through a                    employees of the Coast Guard, call 1–                 determined that this action is one of a
                                                  budgeting process. This rule has not                     888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                                  been designated a ‘‘significant                          Coast Guard will not retaliate against                individually or cumulatively have a
                                                  regulatory action,’’ under Executive                     small entities that question or complain              significant effect on the human
                                                  Order 12866. Accordingly, this rule has                  about this rule or any policy or action               environment. This rule involves a
                                                  not been reviewed by the Office of                       of the Coast Guard.                                   security zone that will prohibit entry
                                                  Management and Budget (OMB), and                                                                               within certain waters of the Atlantic
                                                  pursuant to OMB guidance it is exempt                    C. Collection of Information
                                                                                                                                                                 Ocean in Ft. Lauderdale, Florida, in
                                                  from the requirements of Executive                         This rule will not call for a new                   order to protect the safety of life and
                                                  Order 13771.                                             collection of information under the                   property on the waters while the
                                                     The Coast Guard has made a                            Paperwork Reduction Act of 1995 (44                   exercise is occurring. It is categorically
                                                  determination this rule is not a                         U.S.C. 3501–3520).                                    excluded from further review under
                                                  significant regulatory action. This
                                                                                                           D. Federalism and Indian Tribal                       paragraph 34(g) of Figure 2–1 of the
                                                  regulatory action determination is based
                                                                                                           Governments                                           Commandant Instruction. A Record of
                                                  on the size, durations and location of
                                                                                                              A rule has implications for federalism             Environmental Consideration
                                                  the security zone. The zone is only 4
                                                                                                           under Executive Order 13132,                          supporting this determination is
                                                  nautical miles wide extending from .75
                                                                                                           Federalism, if it has a substantial direct            available in the docket where indicated
                                                  nautical miles off the beach to 4 nautical
                                                                                                           effect on the States, on the relationship             under ADDRESSES.
                                                  miles offshore. Vessel traffic will be able
                                                  to safely transit around the security                    between the national government and                   G. Protest Activities
                                                  zone without significant diversion.                      the States, or on the distribution of
                                                                                                           power and responsibilities among the                    The Coast Guard respects the First
                                                  B. Impact on Small Entities                              various levels of government. We have                 Amendment rights of protesters.
                                                     The Regulatory Flexibility Act of                     analyzed this rule under that Order and               Protesters are asked to contact the
                                                  1980, 5 U.S.C. 601–612, as amended,                      have determined that it is consistent                 person listed in the FOR FURTHER
                                                  requires Federal agencies to consider                                                                          INFORMATION CONTACT section to
                                                                                                           with the fundamental federalism
                                                  the potential impact of regulations on                   principles and preemption requirements                coordinate protest activities so that your
                                                  small entities during rulemaking. The                    described in Executive Order 13132.                   message can be received without
                                                  term ‘‘small entities’’ comprises small                     Also, this rule does not have tribal               jeopardizing the safety or security of
                                                  businesses, not-for-profit organizations                 implications under Executive Order                    people, places or vessels.
                                                  that are independently owned and                         13175, Consultation and Coordination                  List of Subjects in 33 CFR Part 165
                                                  operated and are not dominant in their                   with Indian Tribal Governments,
                                                  fields, and governmental jurisdictions                   because it does not have a substantial                  Harbors, Marine safety, Navigation
                                                  with populations of less than 50,000.                    direct effect on one or more Indian                   (water), Reporting and recordkeeping
                                                  The Coast Guard certifies under 5 U.S.C.                 tribes, on the relationship between the               requirements, Security measures,
                                                  605(b) that this rule will not have a                    Federal Government and Indian tribes,                 Waterways.
                                                  significant economic impact on a                         or on the distribution of power and                     For the reasons discussed in the
                                                  substantial number of small entities.                    responsibilities between the Federal                  preamble, the Coast Guard amends 33
                                                     While some owners or operators of                     Government and Indian tribes. If you                  CFR part 165 as follows:
                                                  vessels intending to transit the security                believe this rule has implications for
                                                  zone may be small entities, for the                      federalism or Indian tribes, please                   PART 165—REGULATED NAVIGATION
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  reasons stated in section V.A above, this                contact the person listed in the FOR                  AREAS AND LIMITED ACCESS AREAS
                                                  rule will not have a significant                         FURTHER INFORMATION CONTACT section
                                                  economic impact on any vessel owner                      above.                                                ■ 1. The authority citation for part 165
                                                  or operator.                                                                                                   continues to read as follows:
                                                     Under section 213(a) of the Small                     E. Unfunded Mandates Reform Act
                                                                                                                                                                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  Business Regulatory Enforcement                            The Unfunded Mandates Reform Act                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  Fairness Act of 1996 (Pub. L. 104–121),                  of 1995 (2 U.S.C. 1531–1538) requires                 Department of Homeland Security Delegation
                                                  we want to assist small entities in                      Federal agencies to assess the effects of             No. 0170.1.



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                                                                     Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations                                         33451

                                                  ■ 2. Add a temporary § 165.T07–0670 to                   portion of the St. Clair River in the                 publication in the Federal Register for
                                                  read as follows:                                         vicinity of Marine City, MI. This zone is             the same reason noted above.
                                                                                                           necessary to protect vessels from
                                                  § 165.T07–0670 Security Zone; United                                                                           III. Legal Authority and Need for Rule
                                                                                                           potential hazards associated with the
                                                  States Navy Exercise, Ft. Lauderdale, FL.                                                                         The legal basis for the rule is the
                                                                                                           Marine City Maritime Festival Water Ski
                                                     (a) Regulated area. The following                     Show.                                                 Coast Guard’s authority to establish
                                                  regulated area is established as a                                                                             safety zones: 33 U.S.C. 1231; 33 CFR
                                                                                                           DATES: This temporary final rule is
                                                  security zone: All waters starting at                                                                          1.05–1, 160.5; Department of Homeland
                                                                                                           effective from 10 a.m. though 5 p.m. on
                                                  point 1 in position 26°05′03″ N.                                                                               Security Delegation No. 0170.1.
                                                                                                           August 5, 2017.
                                                  80°05′42″ W.; thence east to point 2 in                                                                           On August 5, 2017, a Maritime
                                                  position 26°05′03″ N. 80°02′04″ W.;                      ADDRESSES: To view documents
                                                                                                                                                                 Festival Water Ski Show will take place
                                                  thence south to point 3 in position                      mentioned in this preamble as being                   on the St. Clair River in Marine City, MI.
                                                  26°00′57″ N. 80°02′25″ W.; thence west                   available in the docket, go to http://                The Captain of the Port Detroit (COTP)
                                                  to point 4 in position 26°00′57″ N.                      www.regulations.gov, type USCG–2017–                  has determined that a potential hazard
                                                  80°06′04″ W.; thence north back to                       0688 in the ‘‘SEARCH’’ box and click                  associated with this water ski show will
                                                  origin.                                                  ‘‘SEARCH.’’ Click on Open Docket                      be a safety concern to anyone within
                                                     (b) Definition. The term ‘‘designated                 Folder on the line associated with this               2000-feet of the water ski area. This rule
                                                  representative’’ means Coast Guard                       rule.                                                 is needed to protect personnel, vessels,
                                                  Patrol Commanders, including Coast                       FOR FURTHER INFORMATION CONTACT: If                   and the marine environment in the
                                                  Guard coxswains, petty officers, and                     you have questions on this temporary                  navigable waters within the safety zone
                                                  other officers operating Coast Guard                     rule, call or email Tracy Girard,                     while the show is being conducted.
                                                  vessels, and Federal, state, and local                   Prevention Department, Sector Detroit,
                                                                                                           U.S. Coast Guard; telephone 313–568–                  IV. Discussion of the Rule
                                                  officers designated by or assisting the
                                                  Captain of the Port Miami in the                         9564, or email Tracy.M.Girard@                           This rule establishes a safety zone
                                                  enforcement of the regulated area.                       uscg.mil.                                             from 10 a.m. through 5 p.m. on August
                                                     (c) Regulations. All persons and                      SUPPLEMENTARY INFORMATION:                            5, 2017. A safety zone is established to
                                                  vessels are prohibited from entering,                                                                          include all U.S. navigable waters of the
                                                  transiting through, anchoring in, or                     I. Table of Abbreviations                             St. Clair River, Marine City, MI, bound
                                                  remaining within the security zone                       CFR Code of Federal Regulations                       by: 200 feet seaward of latitude position
                                                  without authorization from the Captain                   DHS Department of Homeland Security                   42°43.382′ N., and to the south by 2,000
                                                  of the Port Miami or a designated                        FR Federal Register                                   feet to 200 feet seaward of latitude
                                                  representative.                                          NPRM Notice of Proposed Rulemaking                    position 42°42.983′ N. This regulated
                                                     (d) Effective and enforcement dates.                  § Section                                             area will be enforced during three 30
                                                  This rule is effective daily from 5 a.m.                 U.S.C. United States Code                             minute time periods between 10 a.m.
                                                  until 8 p.m. on July 8, 2017 through July                II. Background Information and                        through 5 p.m. on August 5, 2017. No
                                                  21, 2017, unless cancelled sooner by the                 Regulatory History                                    vessel or person will be permitted to
                                                  Captain of the Port. This rule will be                                                                         enter the safety zone without obtaining
                                                                                                              The Coast Guard is issuing this                    permission from the COTP or a
                                                  enforced with actual notice by the U.S.
                                                                                                           temporary rule without prior notice and               designated representative. The Captain
                                                  Coast Guard representative on scene
                                                                                                           opportunity to comment pursuant to                    of the Port Detroit or a designated on-
                                                  while operations associated with the
                                                                                                           authority under section 4(a) of the                   scene representative may be contacted
                                                  naval exercise are in progress.
                                                                                                           Administrative Procedure Act (APA) (5                 via VHF Channel 16 or via telephone at
                                                    Dated: July 7, 2017.                                   U.S.C. 553(b)). This provision                        313–568–9464. The Coast Guard will
                                                  M.M. Dean,                                               authorizes an agency to issue a rule                  issue Broadcast Notice to Mariners via
                                                  Captain, U.S. Coast Guard, Captain of the                without prior notice and opportunity to               VHF–FM marine channel 16 about the
                                                  Port Miami.                                              comment when the agency for good                      zone and the rule allows vessels to seek
                                                  [FR Doc. 2017–15265 Filed 7–19–17; 8:45 am]              cause finds that those procedures are                 permission to enter the zone.
                                                  BILLING CODE 9110–04–P                                   ‘‘impracticable, unnecessary, or contrary
                                                                                                           to the public interest.’’ Under 5 U.S.C.              V. Regulatory Analyses
                                                                                                           553(b)(B), the Coast Guard finds that                   We developed this rule after
                                                  DEPARTMENT OF HOMELAND                                   good cause exists for not publishing a                considering numerous statutes and
                                                  SECURITY                                                 notice of proposed rulemaking (NPRM)                  executive orders related to rulemaking.
                                                                                                           with respect to this rule because doing               Below we summarize our analyses
                                                  Coast Guard                                              so would be impracticable. The Coast                  based on these statutes and executive
                                                                                                           Guard did not receive the final details               orders, and we discuss First
                                                  33 CFR Part 165                                          of this project until there was                       Amendment rights of protestors.
                                                  [Docket No. USCG–2017–0688]                              insufficient time remaining before the
                                                                                                           event to publish an NPRM. Thus,                       A. Regulatory Planning and Review
                                                  RIN 1625–AA00                                            delaying the effective date of this rule to              Executive Orders 12866 and 13563
                                                                                                           wait for a comment period to run would                direct agencies to assess the costs and
                                                  Safety Zone; Marine City Maritime
                                                                                                           be impracticable because it would                     benefits of available regulatory
                                                  Festival Water Ski Show, St. Clair
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                           inhibit the Coast Guard’s ability to                  alternatives and, if regulation is
                                                  River, Marine City, MI
                                                                                                           protect participants, mariners and                    necessary, to select regulatory
                                                  AGENCY:    Coast Guard, DHS.                             vessels from the hazards associated with              approaches that maximize net benefits.
                                                  ACTION:   Temporary final rule.                          this event.                                           Executive Order 13563 emphasizes the
                                                                                                              We are issuing this rule under 5                   importance of quantifying both costs
                                                  SUMMARY:   The Coast Guard is                            U.S.C. 553(d)(3), the Coast Guard finds               and benefits, of reducing costs, of
                                                  establishing a temporary safety zone for                 that good cause exists for making it                  harmonizing rules, and of promoting
                                                  navigable waters within a 2000-foot                      effective less than 30 days after                     flexibility. Executive Order 13771


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Document Created: 2017-07-20 06:58:10
Document Modified: 2017-07-20 06:58:10
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 rule is effective without actual notice from 5 a.m. to 8 p.m. daily from July 20, 2017 through July 21, 2017. For the purposes of enforcement, actual notice will be used from 5 a.m. to 8 p.m. daily from July 8, 2017 through July 20, 2017.
ContactIf you have questions on this rule, call or email Petty Officer Mara Brown, U.S. Coast Guard; telephone 305-535-4317, email [email protected]
FR Citation82 FR 33449 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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