82_FR_33589 82 FR 33451 - Safety Zone; Marine City Maritime Festival Water Ski Show, St. Clair River, Marine City, MI

82 FR 33451 - Safety Zone; Marine City Maritime Festival Water Ski Show, St. Clair River, Marine City, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range33451-33453
FR Document2017-15270

The Coast Guard is establishing a temporary safety zone for navigable waters within a 2000-foot portion of the St. Clair River in the vicinity of Marine City, MI. This zone is necessary to protect vessels from potential hazards associated with the Marine City Maritime Festival Water Ski Show.

Federal Register, Volume 82 Issue 138 (Thursday, July 20, 2017)
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Rules and Regulations]
[Pages 33451-33453]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15270]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0688]
RIN 1625-AA00


Safety Zone; Marine City Maritime Festival Water Ski Show, St. 
Clair River, Marine City, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 2000-foot portion of the St. Clair River in 
the vicinity of Marine City, MI. This zone is necessary to protect 
vessels from potential hazards associated with the Marine City Maritime 
Festival Water Ski Show.

DATES: This temporary final rule is effective from 10 a.m. though 5 
p.m. on August 5, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0688 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, U.S. 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 project until 
there was insufficient time remaining before the event to publish an 
NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect participants, mariners and vessels 
from the hazards associated with this event.
    We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making it effective less than 30 days 
after publication in the Federal Register for the same reason noted 
above.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    On August 5, 2017, a Maritime Festival Water Ski Show will take 
place on the St. Clair River in Marine City, MI. The Captain of the 
Port Detroit (COTP) has determined that a potential hazard associated 
with this water ski show will be a safety concern to anyone within 
2000-feet of the water ski area. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the show is being conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. through 5 p.m. on 
August 5, 2017. A safety zone is established to include all U.S. 
navigable waters of the St. Clair River, Marine City, MI, bound by: 200 
feet seaward of latitude position 42[deg]43.382' N., and to the south 
by 2,000 feet to 200 feet seaward of latitude position 42[deg]42.983' 
N. This regulated area will be enforced during three 30 minute time 
periods between 10 a.m. through 5 p.m. on August 5, 2017. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. The Captain of 
the Port Detroit or a designated on-scene representative may be 
contacted via VHF Channel 16 or via telephone at 313-568-9464. 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.

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, and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771

[[Page 33452]]

(``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 Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. This regulatory action determination is based 
on the size, location, duration, and time-of-year of the safety zone. 
Recreational and commercial vessel traffic will be able to safely 
transit around this safety zone. 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 Regulatory 
Planning and Review section 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 7 hours that will prohibit entry 
within 2000-feet of the water ski show. It is categorically excluded 
under section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction. A 
Record of Environmental Consideration (REC) supporting this 
determination is available in the docket where indicated in the 
ADDRESSES section of this preamble. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this rule.

G. Protest Activities

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

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 33453]]


0
2. Add Sec.  165.T09-0688 to read as follows:


Sec.  165.T09 -0688  Safety Zone; Marine City Maritime Festival Water 
Ski Show, St. Clair River, Marine City, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the St. Clair River, Marine City, MI, bound by: 200 
feet seaward of latitude position 42[deg]43.382' N., and to the south 
by 2,000 feet to 200 feet seaward of latitude position 42[deg]42.983' 
N. This regulated area will be enforced during three 30 minute periods 
of time between 10 a.m. through 5 p.m. on August 5, 2017.
    (b) Enforcement period. The regulated area described in paragraph 
(a) will be enforced from 10 a.m. thru 10:30 a.m., 1 p.m. through 1:30 
p.m., and 4 p.m. through 4:30 p.m. on August 5, 2017.
    (c) Regulations. (1) No recreational vessel or person may enter, 
transit through, or anchor within the safety zone unless authorized by 
the Captain of the Port Detroit, or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant or petty officer or a 
Federal, State, or local law enforcement officer designated by or 
assisting the Captain of the Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the Captain of the Port Detroit 
or his on-scene representative to obtain permission to enter or operate 
within the safety zone. The Captain of the Port Detroit or his on-scene 
representative may be contacted via VHF Channel 16 or at 313-568-9464. 
Vessel operators given permission to enter or operate in the regulated 
area must comply with all directions given to them by the Captain of 
the Port Detroit or his on-scene representative.

    Dated: July 13, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-15270 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                                         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


                                             VerDate Sep<11>2014   16:15 Jul 19, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\20JYR1.SGM   20JYR1


                                                  33452              Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations

                                                  (‘‘Reducing Regulation and Controlling                   understanding this rule. If the rule                  Federal agencies to assess the effects of
                                                  Regulatory Costs’’), directs agencies to                 would affect your small business,                     their discretionary regulatory actions. In
                                                  reduce regulation and control regulatory                 organization, or governmental                         particular, the Act addresses actions
                                                  costs and provides that ‘‘for every one                  jurisdiction and you have questions                   that may result in the expenditure by a
                                                  new regulation issued, at least two prior                concerning its provisions or options for              State, local, or tribal government, in the
                                                  regulations be identified for elimination,               compliance, please contact the person                 aggregate, or by the private sector of
                                                  and that the cost of planned regulations                 listed in the FOR FURTHER INFORMATION                 $100,000,000 (adjusted for inflation) or
                                                  be prudently managed and controlled                      CONTACT section.                                      more in any one year. Though this rule
                                                  through a budgeting process.’’ This rule                    Small businesses may send comments                 will not result in such an expenditure,
                                                  has not been designated a ‘‘significant                  on the actions of Federal employees                   we do discuss the effects of this rule
                                                  regulatory action,’’ under Executive                     who enforce, or otherwise determine                   elsewhere in this preamble.
                                                  Order 12866. Accordingly, it has not                     compliance with, Federal regulations to
                                                  been reviewed by the Office of                           the Small Business and Agriculture                    F. Environment
                                                  Management and Budget.                                   Regulatory Enforcement Ombudsman                        We have analyzed this rule under
                                                     As this rule is not a significant                     and the Regional Small Business                       Department of Homeland Security
                                                  regulatory action, this rule is exempt                   Regulatory Fairness Boards. The                       Management Directive 023–01 and
                                                  from the requirements of Executive                       Ombudsman evaluates these actions                     Commandant Instruction M16475.lD,
                                                  Order 13771. See OMB’s Memorandum                        annually and rates each agency’s                      which guide the Coast Guard in
                                                  titled ‘‘Interim Guidance Implementing                   responsiveness to small business. If you              complying with the National
                                                  Section 2 of the Executive Order of                      wish to comment on actions by                         Environmental Policy Act of 1969(42
                                                  January 30, 2017 titled ‘Reducing                        employees of the Coast Guard, call 1–                 U.S.C. 4321–4370f), and have
                                                  Regulation and Controlling Regulatory                    888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                                  Costs’ ’’ (February 2, 2017).                            Coast Guard will not retaliate against                category of actions that do not
                                                     We conclude that this rule is not a                   small entities that question or complain              individually or cumulatively have a
                                                  significant regulatory action because we                 about this rule or any policy or action               significant effect on the human
                                                  anticipate that it will have minimal                     of the Coast Guard.                                   environment. This rule involves a safety
                                                  impact on the economy, will not                                                                                zone lasting 7 hours that will prohibit
                                                  interfere with other agencies, will not                  C. Collection of Information
                                                                                                                                                                 entry within 2000–feet of the water ski
                                                  adversely alter the budget of any grant                    This rule will not call for a new                   show. It is categorically excluded under
                                                  or loan recipients, and will not raise any               collection of information under the                   section 2.B.2, figure 2–1, paragraph
                                                  novel legal or policy issues. This                       Paperwork Reduction Act of 1995 (44                   34(g) of the Instruction. A Record of
                                                  regulatory action determination is based                 U.S.C. 3501–3520).                                    Environmental Consideration (REC)
                                                  on the size, location, duration, and time-                                                                     supporting this determination is
                                                  of-year of the safety zone. Recreational                 D. Federalism and Indian Tribal
                                                                                                           Governments                                           available in the docket where indicated
                                                  and commercial vessel traffic will be                                                                          in the ADDRESSES section of this
                                                  able to safely transit around this safety                   A rule has implications for                        preamble. We seek any comments or
                                                  zone. Moreover, the Coast Guard will                     Federalism under Executive Order                      information that may lead to the
                                                  issue Broadcast Notice to Mariners via                   13132, Federalism, if it has a substantial            discovery of a significant environmental
                                                  VHF–FM marine channel 16 about the                       direct effect on the States, on the                   impact from this rule.
                                                  zone and the rule allows vessels to seek                 relationship between the national
                                                  permission to enter the zone.                            government and the States, or on the                  G. Protest Activities
                                                                                                           distribution of power and                               The Coast Guard respects the First
                                                  B. Impact on Small Entities                              responsibilities among the various                    Amendment rights of protesters.
                                                     The Regulatory Flexibility Act of                     levels of government. We have analyzed                Protesters are asked to contact the
                                                  1980, 5 U.S.C. 601–612, as amended,                      this rule under that Order and have                   person listed in the FOR FURTHER
                                                  requires Federal agencies to consider                    determined that it is consistent with the             INFORMATION CONTACT section to
                                                  the potential impact of regulations on                   fundamental Federalism principles and                 coordinate protest activities so that your
                                                  small entities during rulemaking. The                    preemption requirements described in                  message can be received without
                                                  term ‘‘small entities’’ comprises small                  Executive Order 13132.                                jeopardizing the safety or security of
                                                  businesses, not-for-profit organizations                    Also, this rule does not have tribal               people, places or vessels.
                                                  that are independently owned and                         implications under Executive Order
                                                  operated and are not dominant in their                   13175, Consultation and Coordination                  List of Subjects in 33 CFR Part 165
                                                  fields, and governmental jurisdictions                   with Indian Tribal Governments,                         Harbors, Marine safety, Navigation
                                                  with populations of less than 50,000.                    because it does not have a substantial                (water), Reporting and recordkeeping
                                                  The Coast Guard certifies under 5 U.S.C.                 direct effect on one or more Indian                   requirements, Security measures,
                                                  605(b) that this rule will not have a                    tribes, on the relationship between the               Waterways.
                                                  significant economic impact on a                         Federal Government and Indian tribes,                   For the reasons discussed in the
                                                  substantial number of small entities.                    or on the distribution of power and                   preamble, the Coast Guard amends 33
                                                     While some owners or operators of                     responsibilities between the Federal                  CFR part 165 as follows:
                                                  vessels intending to transit the safety                  Government and Indian tribes. If you
                                                  zone may be small entities, for the                      believe this rule has implications for                PART 165—REGULATED NAVIGATION
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  reasons stated in Regulatory Planning                    Federalism or Indian tribes, please                   AREAS AND LIMITED ACCESS AREAS
                                                  and Review section above, this rule will                 contact the person listed in the FOR
                                                  not have a significant economic impact                   FURTHER INFORMATION CONTACT section                   ■ 1. The authority citation for part 165
                                                  on any vessel owner or operator.                         above.                                                continues to read as follows:
                                                     Under section 213(a) of the Small                                                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  Business Regulatory Enforcement                          E. 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),                    The Unfunded Mandates Reform Act                    Department of Homeland Security Delegation
                                                  we want to assist small entities in                      of 1995 (2 U.S.C. 1531–1538) requires                 No. 0170.1.



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                                                                     Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations                                        33453

                                                  ■ 2. Add § 165.T09–0688 to read as                       DEPARTMENT OF HOMELAND                                insurance unless an appropriate public
                                                  follows:                                                 SECURITY                                              body adopts adequate floodplain
                                                                                                                                                                 management measures with effective
                                                  § 165.T09 –0688 Safety Zone; Marine City                 Federal Emergency Management                          enforcement measures. The
                                                  Maritime Festival Water Ski Show, St. Clair              Agency                                                communities listed in this document no
                                                  River, Marine City, MI.                                                                                        longer meet that statutory requirement
                                                    (a) Location. A safety zone is                         44 CFR Part 64                                        for compliance with program
                                                  established to include all U.S. navigable                [Docket ID FEMA–2017–0002; Internal
                                                                                                                                                                 regulations, 44 CFR part 59.
                                                  waters of the St. Clair River, Marine                    Agency Docket No. FEMA–8489]                          Accordingly, the communities will be
                                                  City, MI, bound by: 200 feet seaward of                                                                        suspended on the effective date in the
                                                  latitude position 42°43.382′ N., and to                  Suspension of Community Eligibility                   third column. As of that date, flood
                                                  the south by 2,000 feet to 200 feet                                                                            insurance will no longer be available in
                                                                                                           AGENCY:  Federal Emergency                            the community. We recognize that some
                                                  seaward of latitude position 42°42.983′                  Management Agency, DHS.                               of these communities may adopt and
                                                  N. This regulated area will be enforced                  ACTION: Final rule.                                   submit the required documentation of
                                                  during three 30 minute periods of time                                                                         legally enforceable floodplain
                                                  between 10 a.m. through 5 p.m. on                        SUMMARY:    This rule identifies
                                                                                                                                                                 management measures after this rule is
                                                  August 5, 2017.                                          communities where the sale of flood                   published but prior to the actual
                                                                                                           insurance has been authorized under                   suspension date. These communities
                                                     (b) Enforcement period. The regulated
                                                                                                           the National Flood Insurance Program                  will not be suspended and will continue
                                                  area described in paragraph (a) will be
                                                                                                           (NFIP) that are scheduled for                         to be eligible for the sale of NFIP flood
                                                  enforced from 10 a.m. thru 10:30 a.m.,
                                                                                                           suspension on the effective dates listed              insurance. A notice withdrawing the
                                                  1 p.m. through 1:30 p.m., and 4 p.m.                     within this rule because of
                                                  through 4:30 p.m. on August 5, 2017.                                                                           suspension of such communities will be
                                                                                                           noncompliance with the floodplain                     published in the Federal Register.
                                                     (c) Regulations. (1) No recreational                  management requirements of the                           In addition, FEMA publishes a Flood
                                                  vessel or person may enter, transit                      program. If the Federal Emergency                     Insurance Rate Map (FIRM) that
                                                  through, or anchor within the safety                     Management Agency (FEMA) receives                     identifies the Special Flood Hazard
                                                  zone unless authorized by the Captain                    documentation that the community has                  Areas (SFHAs) in these communities.
                                                  of the Port Detroit, or his on-scene                     adopted the required floodplain                       The date of the FIRM, if one has been
                                                  representative.                                          management measures prior to the                      published, is indicated in the fourth
                                                                                                           effective suspension date given in this               column of the table. No direct Federal
                                                     (2) The safety zone is closed to all
                                                                                                           rule, the suspension will not occur and               financial assistance (except assistance
                                                  vessel traffic, except as may be
                                                                                                           a notice of this will be provided by                  pursuant to the Robert T. Stafford
                                                  permitted by the Captain of the Port
                                                                                                           publication in the Federal Register on a              Disaster Relief and Emergency
                                                  Detroit or his on-scene representative.                  subsequent date. Also, information                    Assistance Act not in connection with a
                                                     (3) The ‘‘on-scene representative’’ of                identifying the current participation                 flood) may be provided for construction
                                                  the Captain of the Port Detroit is any                   status of a community can be obtained                 or acquisition of buildings in identified
                                                  Coast Guard commissioned, warrant or                     from FEMA’s Community Status Book                     SFHAs for communities not
                                                  petty officer or a Federal, State, or local              (CSB). The CSB is available at https://               participating in the NFIP and identified
                                                  law enforcement officer designated by                    www.fema.gov/national-flood-                          for more than a year on FEMA’s initial
                                                  or assisting the Captain of the Port                     insurance-program-community-status-                   FIRM for the community as having
                                                  Detroit to act on his behalf.                            book.                                                 flood-prone areas (section 202(a) of the
                                                     (4) Vessel operators shall contact the                DATES: The effective date of each                     Flood Disaster Protection Act of 1973,
                                                  Captain of the Port Detroit or his on-                   community’s scheduled suspension is                   42 U.S.C. 4106(a), as amended). This
                                                  scene representative to obtain                           the third date (‘‘Susp.’’) listed in the              prohibition against certain types of
                                                                                                           third column of the table in the                      Federal assistance becomes effective for
                                                  permission to enter or operate within
                                                                                                           amendment.                                            the communities listed on the date
                                                  the safety zone. The Captain of the Port
                                                                                                                                                                 shown in the last column. The
                                                  Detroit or his on-scene representative                   FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                                 Administrator finds that notice and
                                                  may be contacted via VHF Channel 16                      you want to determine whether a                       public comment procedures under 5
                                                  or at 313–568–9464. Vessel operators                     particular community was suspended                    U.S.C. 553(b), are impracticable and
                                                  given permission to enter or operate in                  on the suspension date or for further                 unnecessary because communities listed
                                                  the regulated area must comply with all                  information, contact Patricia Suber,                  in this final rule have been adequately
                                                  directions given to them by the Captain                  Federal Insurance and Mitigation                      notified.
                                                  of the Port Detroit or his on-scene                      Administration, Federal Emergency                        Each community receives 6-month,
                                                  representative.                                          Management Agency, 400 C Street SW.,                  90-day, and 30-day notification letters
                                                                                                           Washington, DC 20472, (202) 646–4149.                 addressed to the Chief Executive Officer
                                                    Dated: July 13, 2017.
                                                                                                           SUPPLEMENTARY INFORMATION: The NFIP                   stating that the community will be
                                                  Jeffrey W. Novak,                                        enables property owners to purchase                   suspended unless the required
                                                  Captain, U.S. Coast Guard, Captain of the                Federal flood insurance that is not                   floodplain management measures are
                                                  Port Detroit.                                            otherwise generally available from                    met prior to the effective suspension
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  [FR Doc. 2017–15270 Filed 7–19–17; 8:45 am]              private insurers. In return, communities              date. Since these notifications were
                                                  BILLING CODE 9110–04–P                                   agree to adopt and administer local                   made, this final rule may take effect
                                                                                                           floodplain management measures aimed                  within less than 30 days.
                                                                                                           at protecting lives and new construction                 National Environmental Policy Act.
                                                                                                           from future flooding. Section 1315 of                 FEMA has determined that the
                                                                                                           the National Flood Insurance Act of                   community suspension(s) included in
                                                                                                           1968, as amended, 42 U.S.C. 4022,                     this rule is a non-discretionary action
                                                                                                           prohibits the sale of NFIP flood                      and therefore the National


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Document Created: 2017-07-20 06:57:58
Document Modified: 2017-07-20 06:57:58
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 a.m. though 5 p.m. on August 5, 2017.
ContactIf you have questions on this temporary rule, call or email Tracy Girard, Prevention Department, Sector Detroit, U.S. Coast Guard; telephone 313-568-9564, or email [email protected]
FR Citation82 FR 33451 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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