82_FR_34546 82 FR 34405 - Safety Zone; Selfridge Air Show, Clinton River, Harrison Township, MI

82 FR 34405 - Safety Zone; Selfridge Air Show, Clinton River, Harrison Township, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 141 (July 25, 2017)

Page Range34405-34407
FR Document2017-15596

The Coast Guard is establishing a temporary safety zone on the waters of the Clinton River in the vicinity of Harrison Township, MI. This zone is intended to restrict and control movement of vessels in a portion of the Clinton River. This zone is necessary to protect spectators and vessels from potential hazards associated with the Selfridge Air Show.

Federal Register, Volume 82 Issue 141 (Tuesday, July 25, 2017)
[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Rules and Regulations]
[Pages 34405-34407]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15596]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0619]
RIN 1625-AA00


Safety Zone; Selfridge Air Show, Clinton River, Harrison 
Township, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Clinton River in the vicinity of Harrison Township, MI. 
This zone is intended to restrict and control movement of vessels in a 
portion of the Clinton River. This zone is necessary to protect 
spectators and vessels from potential hazards associated with the 
Selfridge Air Show.

DATES: This temporary final rule is effective from 3:30 p.m. August 18, 
2017 through 4:30 p.m. on August 20, 2017.

[[Page 34406]]


ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0619 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Tracy Girard, Prevention Department, 
Sector Detroit, Coast Guard; telephone 313-568-9564, or email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. The Coast Guard did not receive the 
final details of this air show until there was insufficient time 
remaining before the event to publish an NPRM. Delaying this action to 
allow for public comment would be impracticable and contrary to the 
public interest since immediate action is needed to ensure that the 
zone is in effect to protect participants and public from potential 
dangers during this event.
    We are issuing this rule, and 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. Delaying the effective 
date of this rule would be impracticable and contrary to public 
interest because immediate action is needed to protect persons and 
vessels from the hazards associated with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that an 
aircraft aerial display proximate to a gathering of watercraft poses a 
significant risk to public safety and property. Such hazards include 
potential aircraft malfunctions, loud noise levels, and waterway 
distractions. Therefore, the COTP is establishing a safety zone around 
the event location to help minimize risks to safety of life and 
property during this event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 3:30 p.m. on August 18, 
2017, through 4:30 p.m. on August 20, 2017. The safety zone will 
encompass all navigable waters of the Clinton River between the 
following two lines extending from bank to bank: the first line is 
drawn directly across the channel at position 42[deg]35.809' N., 
082[deg]50.083' W. (NAD 83); the second line, to the east, is drawn 
directly across the channel at position 42[deg]35.863' N., 
082[deg]49.919' W. (NAD 83). No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.
    The COTP or his designated on-scene representative will notify the 
public of the enforcement of this rule by all appropriate means, 
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits. Executive Order 13771 directs agencies to 
control regulatory costs through a budgeting process. This NPRM has not 
been designated a ``significant regulatory action,'' under Executive 
Order 12866. Accordingly, the NPRM 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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will not be able to safely transit around this safety zone which will 
impact a small designated area of the Clinton River from 3:30 p.m. on 
August 18, 2017 through 4:30 p.m. on August 20, 2017. Moreover, the 
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone and the rule allows vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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.

[[Page 34407]]

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting an hour per day that will prohibit 
entry within the .2 mile by .1 mile portion of the air show site. It is 
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(g) 
of the Instruction. A Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated in the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T09-0619 to read as follows:


Sec.  165.T09-0619  Safety Zone; Selfridge Air Show; Harrison Township, 
MI.

    (a) Location. The safety zone will encompass all navigable waters 
of the Clinton River between the following two lines extending from 
bank to bank: the first line is drawn directly across the channel at 
position 42[deg]35.809' N., 082[deg]50.083' W. (NAD 83); the second 
line, to the east, is drawn directly across the channel at position 
42[deg]35.863' N., 082[deg]49.919' W. (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 3:30 p.m. through 4:30 p.m. 
each day from August 18, 2017 through August 20, 2017.
    (c) Regulations. (1) No vessel or person may enter, transit 
through, or anchor within the safety zone unless authorized by the 
Captain of the Port Detroit, or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant or petty officer or a 
Federal, State, or local law enforcement officer designated by or 
assisting the Captain of the Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the Captain of the Port Detroit 
or his on-scene representative to obtain permission to enter or operate 
within the safety zone. The Captain of the Port Detroit or his on-scene 
representative may be contacted via VHF Channel 16 or at 313-568-9464. 
Vessel operators given permission to enter or operate in the regulated 
area must comply with all directions given to them by the Captain of 
the Port Detroit or his on-scene representative.

    Dated: July 20, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-15596 Filed 7-24-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Rules and Regulations                                               34405

                                                    through 5 p.m. on Friday, August 18,                     need not be enforced for the full                        Pursuant to 33 CFR 165.23, entry into,
                                                    2017 and from 2 p.m. through 5 p.m. on                   duration stated in this notice, he or she             transiting, or anchoring within the
                                                    Saturday, August 19, 2017. This action                   may use a Broadcast Notice to Mariners                safety zone during an enforcement
                                                    is necessary to provide for the safety of                to grant general permission to enter the              period is prohibited unless authorized
                                                    life and property on navigable waters                    respective safety zone.                               by the Captain of the Port Buffalo or his
                                                    during this event. During the                              Dated: July 18, 2017.                               designated representative. Those
                                                    enforcement period, no person or vessel                  Joseph S. Dufresne,
                                                                                                                                                                   seeking permission to enter the safety
                                                    may enter the respective safety zone                                                                           zone may request permission from the
                                                                                                             Captain, U.S. Coast Guard, Captain of the
                                                    without the permission of the Captain of                 Port Buffalo.
                                                                                                                                                                   Captain of Port Buffalo via channel 16,
                                                    the Port Buffalo.                                                                                              VHF–FM. Vessels and persons granted
                                                                                                             [FR Doc. 2017–15505 Filed 7–24–17; 8:45 am]
                                                    DATES: The regulation in 33 CFR                                                                                permission to enter the safety zone shall
                                                                                                             BILLING CODE 9110–04–P
                                                    165.939(a)(32) will be enforced from 2                                                                         obey the directions of the Captain of the
                                                    p.m. through 5 p.m. on Friday, August                                                                          Port Buffalo or his designated
                                                    18, 2017 and from 2 p.m. through 5 p.m.                  DEPARTMENT OF HOMELAND                                representative. While within a safety
                                                    on Saturday, August 19, 2017.                            SECURITY                                              zone, all vessels shall operate at the
                                                    FOR FURTHER INFORMATION CONTACT: If                                                                            minimum speed necessary to maintain a
                                                    you have questions on this notice, call                  Coast Guard                                           safe course.
                                                    or email LT Ryan Junod, Coast Guard;                                                                              This notice of enforcement is issued
                                                    telephone 216–937–0124, email                            33 CFR Part 165                                       under authority of 33 CFR 165.939 and
                                                    ryan.s.junod@uscg.mil.                                                                                         5 U.S.C. 552(a). In addition to this
                                                    SUPPLEMENTARY INFORMATION: The Coast
                                                                                                                                                                   notice of enforcement in the Federal
                                                                                                             [Docket No. USCG–2017–0676]
                                                    Guard will enforce the Safety Zone; D-                                                                         Register, the Coast Guard will provide
                                                    Day Conneaut Air Show, Conneaut, OH,                     Safety Zone; Annual Event in the                      the maritime community with advance
                                                    Lake Erie, Conneaut, OH listed in 33                     Captain of the Port Buffalo Zone—                     notification of this enforcement period
                                                    CFR 165. 939(a)(32) for the following                    Celebrate Erie Fireworks                              via Broadcast Notice to Mariners or
                                                    event:                                                                                                         Local Notice to Mariners. If the Captain
                                                       D-Day Conneaut Air Show, Lake Erie,                   AGENCY:  Coast Guard, DHS.                            of the Port Buffalo determines that the
                                                    Conneaut, OH; The safety zone listed in                  ACTION: Notice of enforcement of                      safety zone need not be enforced for the
                                                    33 CFR 165.939(a)(32) will be enforced                   regulation.                                           full duration stated in this notice he or
                                                    from 2 p.m. through 5 p.m. on August                                                                           she may use a Broadcast Notice to
                                                    18, 2017 and August 19, 2017. The                        SUMMARY:   The Coast Guard will enforce               Mariners to grant general permission to
                                                    safety zone will encompass all waters of                 a safety zone for the Celebrate Erie                  enter the respective safety zone.
                                                    Conneaut Township Park, Lake Erie,                       Fireworks, Presque Isle Bay, Erie, PA                   Dated: July 19, 2017.
                                                    Conneaut, OH within an area starting at                  from 9:30 p.m. to 10:30 p.m. on Sunday,               Joseph S. Dufresne,
                                                    41°57.71′ N., 080°34.18′ W., to 41°58.36′                August 20, 2017 with a rain date of
                                                                                                                                                                   Captain, U.S. Coast Guard, Captain of the
                                                    N., 080°34.17′ W., then to 41°58.53′ N.,                 Monday, August 21, 2017. This action is               Port Buffalo.
                                                    080°33.55′ W., to 41°58.03′ N.,                          necessary and intended for the safety of
                                                                                                                                                                   [FR Doc. 2017–15506 Filed 7–24–17; 8:45 am]
                                                    080°33.72′ W., and returning to the                      life and property on navigable waters
                                                                                                                                                                   BILLING CODE 9110–04–P
                                                    point of origin (NAD 83). This action is                 during this event. During the
                                                    necessary to provide for the safety of life              enforcement period, no person or vessel
                                                    and property on navigable waters during                  may enter the respective safety zone
                                                                                                                                                                   DEPARTMENT OF HOMELAND
                                                    this event. Pursuant to 33 CFR 165.23,                   without the permission of the Captain of
                                                                                                                                                                   SECURITY
                                                    entry into, transiting, or anchoring                     the Port Buffalo.
                                                    within these safety zones during an                      DATES: The regulation in 33 CFR                       Coast Guard
                                                    enforcement period is prohibited unless                  165.939(a)(20) will be enforced on
                                                    authorized by the Captain of the Port                    August 20, 2017, with a rain date of                  33 CFR Part 165
                                                    Buffalo or his designated representative.                August 21, 2017, from 9:30 p.m. to 10:30
                                                                                                                                                                   [Docket No. USCG–2017–0619]
                                                    Those seeking permission to enter one                    p.m.
                                                    of these safety zones may request                        FOR FURTHER INFORMATION CONTACT: If                   RIN 1625–AA00
                                                    permission from the Captain of Port                      you have questions about this notice of
                                                                                                                                                                   Safety Zone; Selfridge Air Show,
                                                    Buffalo via channel 16, VHF–FM.                          enforcement, call or email LT Michael
                                                                                                                                                                   Clinton River, Harrison Township, MI
                                                    Vessels and persons granted permission                   Collet, Chief of Waterways Management,
                                                    to enter this safety zone shall obey the                 U.S. Coast Guard Sector Buffalo, 1                    AGENCY:    Coast Guard, DHS.
                                                    directions of the Captain of the Port                    Fuhrmann Blvd. Buffalo, NY 14203;                     ACTION:   Temporary final rule.
                                                    Buffalo or his designated representative.                telephone 716–843–9322, email
                                                    While within the safety zone, all vessels                SectorBuffaloMarineSafety@uscg.mil.                   SUMMARY:    The Coast Guard is
                                                    shall operate at the minimum speed                       SUPPLEMENTARY INFORMATION: The Coast
                                                                                                                                                                   establishing a temporary safety zone on
                                                    necessary to maintain a safe course.                     Guard will enforce the Safety Zone;                   the waters of the Clinton River in the
                                                       This notice is issued under authority                 Annual Event in the Captain of the Port               vicinity of Harrison Township, MI. This
                                                    of 33 CFR 165.939(a)(32) and 5 U.S.C.                                                                          zone is intended to restrict and control
asabaliauskas on DSKBBY8HB2PROD with NOTICES




                                                                                                             Buffalo Zone listed in 33 CFR
                                                    552(a). In addition to this notice in the                165.939(a)(20) for the following event:               movement of vessels in a portion of the
                                                    Federal Register, the Coast Guard will                                                                         Clinton River. This zone is necessary to
                                                    provide the maritime community with                        (1) Celebrate Erie Fireworks, Erie, PA; The         protect spectators and vessels from
                                                                                                             safety zone listed in 33 CFR 165.939(a)(20)           potential hazards associated with the
                                                    advance notification of these                            will be enforced on August 20, 2017, with a
                                                    enforcement periods via Broadcast                        rain date of August 21, 2017, from 9:30 p.m.
                                                                                                                                                                   Selfridge Air Show.
                                                    Notice to Mariners and Local Notice to                   to 10:30 p.m. within an 800 foot radius of            DATES: This temporary final rule is
                                                    Mariners. If the Captain of the Port                     land position 42°08′19″ N., 080°5′29″ W.              effective from 3:30 p.m. August 18, 2017
                                                    Buffalo determines that this safety zone                 (NAD83).                                              through 4:30 p.m. on August 20, 2017.


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                                                    34406               Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Rules and Regulations

                                                    ADDRESSES:   To view documents                           III. Legal Authority and Need for Rule                   This regulatory action determination
                                                    mentioned in this preamble as being                         The Coast Guard is issuing this rule               is based on the size, location, duration,
                                                    available in the docket, go to http://                   under authority in 33 U.S.C. 1231. The                and time-of-year of the safety zone.
                                                    www.regulations.gov, type USCG–2017–                     Captain of the Port Detroit (COTP) has                Vessel traffic will not be able to safely
                                                    0619 in the ‘‘SEARCH’’ box and click                     determined that an aircraft aerial                    transit around this safety zone which
                                                    ‘‘SEARCH.’’ Click on Open Docket                         display proximate to a gathering of                   will impact a small designated area of
                                                    Folder on the line associated with this                  watercraft poses a significant risk to                the Clinton River from 3:30 p.m. on
                                                    rule.                                                    public safety and property. Such                      August 18, 2017 through 4:30 p.m. on
                                                                                                             hazards include potential aircraft                    August 20, 2017. Moreover, the Coast
                                                    FOR FURTHER INFORMATION CONTACT:  If
                                                                                                             malfunctions, loud noise levels, and                  Guard will issue Broadcast Notice to
                                                    you have questions on this temporary
                                                                                                             waterway distractions. Therefore, the                 Mariners via VHF–FM marine channel
                                                    rule, call or email Tracy Girard,
                                                                                                             COTP is establishing a safety zone                    16 about the zone and the rule allows
                                                    Prevention Department, Sector Detroit,
                                                                                                             around the event location to help                     vessels to seek permission to enter the
                                                    Coast Guard; telephone 313–568–9564,
                                                                                                             minimize risks to safety of life and                  zone.
                                                    or email Tracy.M.Girard@uscg.mil.
                                                                                                             property during this event.                           B. Impact on Small Entities
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                             IV. Discussion of the Rule                               The Regulatory Flexibility Act of
                                                    I. Table of Abbreviations                                   This rule establishes a safety zone                1980, 5 U.S.C. 601–612, as amended,
                                                                                                             from 3:30 p.m. on August 18, 2017,                    requires Federal agencies to consider
                                                    CFR Code of Federal Regulations
                                                    DHS Department of Homeland Security
                                                                                                             through 4:30 p.m. on August 20, 2017.                 the potential impact of regulations on
                                                    FR Federal Register
                                                                                                             The safety zone will encompass all                    small entities during rulemaking. The
                                                    NPRM Notice of Proposed Rulemaking                       navigable waters of the Clinton River                 term ‘‘small entities’’ comprises small
                                                    § Section                                                between the following two lines                       businesses, not-for-profit organizations
                                                    U.S.C. United States Code                                extending from bank to bank: the first                that are independently owned and
                                                                                                             line is drawn directly across the channel             operated and are not dominant in their
                                                    II. Background Information and                           at position 42°35.809′ N., 082°50.083′                fields, and governmental jurisdictions
                                                    Regulatory History                                       W. (NAD 83); the second line, to the                  with populations of less than 50,000.
                                                                                                             east, is drawn directly across the                    The Coast Guard certifies under 5 U.S.C.
                                                       The Coast Guard is issuing this                       channel at position 42°35.863′ N.,                    605(b) that this rule will not have a
                                                    temporary rule without prior notice and                  082°49.919′ W. (NAD 83). No vessel or                 significant economic impact on a
                                                    opportunity to comment pursuant to                       person will be permitted to enter the                 substantial number of small entities.
                                                    authority under section 4(a) of the                      safety zone without obtaining                            While some owners or operators of
                                                    Administrative Procedure Act (APA) (5                    permission from the COTP or a                         vessels intending to transit the safety
                                                    U.S.C. 553(b)). This provision                           designated representative.                            zone may be small entities, for the
                                                    authorizes an agency to issue a rule                        The COTP or his designated on-scene                reasons stated in section V.A above, this
                                                    without prior notice and opportunity to                  representative will notify the public of              rule will not have a significant
                                                    comment when the agency for good                         the enforcement of this rule by all                   economic impact on any vessel owner
                                                    cause finds that those procedures are                    appropriate means, including a                        or operator.
                                                    ‘‘impracticable, unnecessary, or contrary                Broadcast Notice to Mariners and Local                   Under section 213(a) of the Small
                                                    to the public interest.’’ Under 5 U.S.C.                 Notice to Mariners.                                   Business Regulatory Enforcement
                                                    553(b)(B), the Coast Guard finds that                    V. Regulatory Analyses                                Fairness Act of 1996 (Public Law 104–
                                                    good cause exists for not publishing a                                                                         121), we want to assist small entities in
                                                    notice of proposed rulemaking (NPRM)                       We developed this rule after
                                                                                                             considering numerous statutes and                     understanding this rule. If the rule
                                                    with respect to this rule because doing                                                                        would affect your small business,
                                                    so would be impracticable and contrary                   executive orders related to rulemaking.
                                                                                                             Below we summarize our analyses                       organization, or governmental
                                                    to the public interest. The Coast Guard                                                                        jurisdiction and you have questions
                                                    did not receive the final details of this                based on these statutes and executive
                                                                                                             orders.                                               concerning its provisions or options for
                                                    air show until there was insufficient                                                                          compliance, please contact the person
                                                    time remaining before the event to                       A. Regulatory Planning and Review                     listed in the FOR FURTHER INFORMATION
                                                    publish an NPRM. Delaying this action                       Executive Orders 12866 (‘‘Regulatory               CONTACT section.
                                                    to allow for public comment would be                     Planning and Review’’) and 13563                         Small businesses may send comments
                                                    impracticable and contrary to the public                 (‘‘Improving Regulation and Regulatory                on the actions of Federal employees
                                                    interest since immediate action is                       Review’’) direct agencies to assess the               who enforce, or otherwise determine
                                                    needed to ensure that the zone is in                     costs and benefits of available regulatory            compliance with, Federal regulations to
                                                    effect to protect participants and public                alternatives and, if regulation is                    the Small Business and Agriculture
                                                    from potential dangers during this                       necessary, to select regulatory                       Regulatory Enforcement Ombudsman
                                                    event.                                                   approaches that maximize net benefits.                and the Regional Small Business
                                                       We are issuing this rule, and under 5                 Executive Order 13771 directs agencies                Regulatory Fairness Boards. The
                                                    U.S.C. 553(d)(3), the Coast Guard finds                  to control regulatory costs through a                 Ombudsman evaluates these actions
                                                    that good cause exists for making it                     budgeting process. This NPRM has not                  annually and rates each agency’s
asabaliauskas on DSKBBY8HB2PROD with NOTICES




                                                    effective less than 30 days after                        been designated a ‘‘significant                       responsiveness to small business. If you
                                                    publication in the Federal Register.                     regulatory action,’’ under Executive                  wish to comment on actions by
                                                    Delaying the effective date of this rule                 Order 12866. Accordingly, the NPRM                    employees of the Coast Guard, call 1–
                                                    would be impracticable and contrary to                   has not been reviewed by the Office of                888–REG–FAIR (1–888–734–3247). The
                                                    public interest because immediate                        Management and Budget (OMB), and                      Coast Guard will not retaliate against
                                                    action is needed to protect persons and                  pursuant to OMB guidance it is exempt                 small entities that question or complain
                                                    vessels from the hazards associated with                 from the requirements of Executive                    about this rule or any policy or action
                                                    this event.                                              Order 13771.                                          of the Coast Guard.


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                                                                        Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Rules and Regulations                                               34407

                                                    C. Collection of Information                             mile portion of the air show site. It is              Coast Guard commissioned, warrant or
                                                      This rule will not call for a new                      categorically excluded under section                  petty officer or a Federal, State, or local
                                                    collection of information under the                      2.B.2, figure 2–1, paragraph 34(g) of the             law enforcement officer designated by
                                                    Paperwork Reduction Act of 1995 (44                      Instruction. A Record of Environmental                or assisting the Captain of the Port
                                                    U.S.C. 3501–3520).                                       Consideration (REC) supporting this                   Detroit to act on his behalf.
                                                                                                             determination is available in the docket                (4) Vessel operators shall contact the
                                                    D. Federalism and Indian Tribal                          where indicated in the ADDRESSES                      Captain of the Port Detroit or his on-
                                                    Governments                                              section of this preamble.                             scene representative to obtain
                                                       A rule has implications for federalism                                                                      permission to enter or operate within
                                                                                                             G. Protest Activities
                                                    under Executive Order 13132,                                                                                   the safety zone. The Captain of the Port
                                                    Federalism, if it has a substantial direct                 The Coast Guard respects the First                  Detroit or his on-scene representative
                                                    effect on the States, on the relationship                Amendment rights of protesters.                       may be contacted via VHF Channel 16
                                                    between the national government and                      Protesters are asked to contact the                   or at 313–568–9464. Vessel operators
                                                    the States, or on the distribution of                    person listed in the FOR FURTHER                      given permission to enter or operate in
                                                    power and responsibilities among the                     INFORMATION CONTACT section to                        the regulated area must comply with all
                                                    various levels of government. We have                    coordinate protest activities so that your            directions given to them by the Captain
                                                    analyzed this rule under that Order and                  message can be received without                       of the Port Detroit or his on-scene
                                                    have determined that it is consistent                    jeopardizing the safety or security of                representative.
                                                    with the fundamental federalism                          people, places or vessels.
                                                                                                                                                                     Dated: July 20, 2017.
                                                    principles and preemption requirements                   List of Subjects in 33 CFR Part 165                   Jeffrey W. Novak,
                                                    described in Executive Order 13132.
                                                       Also, this rule does not have tribal                    Harbors, Marine safety, Navigation                  Captain, U.S. Coast Guard, Captain of the
                                                                                                             (water), Reporting and recordkeeping                  Port Detroit.
                                                    implications under Executive Order
                                                                                                             requirements, Security measures,                      [FR Doc. 2017–15596 Filed 7–24–17; 8:45 am]
                                                    13175, Consultation and Coordination
                                                    with Indian Tribal Governments,                          Waterways.                                            BILLING CODE 9110–04–P

                                                    because it does not have a substantial                     For the reasons discussed in the
                                                    direct effect on one or more Indian                      preamble, the Coast Guard amends 33
                                                    tribes, on the relationship between the                  CFR part 165 as follows:                              DEPARTMENT OF HOMELAND
                                                    Federal Government and Indian tribes,                                                                          SECURITY
                                                    or on the distribution of power and                      PART 165—REGULATED NAVIGATION
                                                                                                             AREAS AND LIMITED ACCESS AREAS                        Coast Guard
                                                    responsibilities between the Federal
                                                    Government and Indian tribes. If you                                                                           33 CFR Part 165
                                                    believe this rule has implications for                   ■ 1. The authority citation for part 165
                                                    federalism or Indian tribes, please                      continues to read as follows:
                                                                                                                                                                   [Docket No. USCG–2017–0501]
                                                    contact the person listed in the FOR                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                    FURTHER INFORMATION CONTACT section                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                             Department of Homeland Security Delegation
                                                                                                                                                                   Safety Zones; Head of the Cuyahoga
                                                    above.                                                                                                         Regatta, Cuyahoga River, Cleveland,
                                                                                                             No. 0170.1.
                                                    E. Unfunded Mandates Reform Act                                                                                OH
                                                                                                             ■ 2. Add § 165.T09–0619 to read as
                                                      The Unfunded Mandates Reform Act                       follows:                                              AGENCY:  Coast Guard, DHS.
                                                    of 1995 (2 U.S.C. 1531–1538) requires                                                                          ACTION: Notice of enforcement of
                                                    Federal agencies to assess the effects of                § 165.T09–0619 Safety Zone; Selfridge Air
                                                                                                             Show; Harrison Township, MI.                          regulation.
                                                    their discretionary regulatory actions. In
                                                    particular, the Act addresses actions                       (a) Location. The safety zone will                 SUMMARY:    The Coast Guard will enforce
                                                    that may result in the expenditure by a                  encompass all navigable waters of the                 a safety zone for the Head of the
                                                    State, local, or tribal government, in the               Clinton River between the following two               Cuyahoga regatta, on the Cuyahoga
                                                    aggregate, or by the private sector of                   lines extending from bank to bank: the                River from 6:45 a.m. through 4:15 p.m.
                                                    $100,000,000 (adjusted for inflation) or                 first line is drawn directly across the               on Saturday, September 16, 2017. This
                                                    more in any one year. Though this rule                   channel at position 42°35.809′ N.,                    action is necessary to provide for the
                                                    will not result in such expenditure, we                  082°50.083′ W. (NAD 83); the second                   safety of life and property on navigable
                                                    do discuss the effects of this rule                      line, to the east, is drawn directly across           waters during this event. During the
                                                    elsewhere in this preamble.                              the channel at position 42°35.863′ N.,                enforcement period, no person or vessel
                                                                                                             082°49.919′ W. (NAD 83).                              may enter the respective safety zone
                                                    F. Environment
                                                                                                                (b) Enforcement period. The regulated              without the permission of the Captain of
                                                      We have analyzed this rule under                       area described in paragraph (a) of this               the Port Buffalo.
                                                    Department of Homeland Security                          section will be enforced from 3:30 p.m.
                                                                                                                                                                   DATES: The regulation in 33 CFR
                                                    Management Directive 023–01 and                          through 4:30 p.m. each day from August
                                                    Commandant Instruction M16475.lD,                                                                              165.T09–0082 will be enforced from
                                                                                                             18, 2017 through August 20, 2017.
                                                    which guide the Coast Guard in                                                                                 6:45 a.m. through 4:15 p.m. on
                                                                                                                (c) Regulations. (1) No vessel or
                                                    complying with the National                                                                                    Saturday, September 16, 2017.
                                                                                                             person may enter, transit through, or
                                                    Environmental Policy Act of 1969 (42                                                                           FOR FURTHER INFORMATION CONTACT: If
asabaliauskas on DSKBBY8HB2PROD with NOTICES




                                                                                                             anchor within the safety zone unless
                                                    U.S.C. 4321–4370f), and have                             authorized by the Captain of the Port                 you have questions on this notice, call
                                                    determined that this action is one of a                  Detroit, or his on-scene representative.              or email LT Ryan Junod, Coast Guard;
                                                    category of actions that do not                             (2) The safety zone is closed to all               telephone 216–937–0124, email
                                                    individually or cumulatively have a                      vessel traffic, except as may be                      ryan.s.junod@uscg.mil.
                                                    significant effect on the human                          permitted by the Captain of the Port                  SUPPLEMENTARY INFORMATION: The Coast
                                                    environment. This rule involves a safety                 Detroit or his on-scene representative.               Guard will enforce the Safety Zone;
                                                    zone lasting an hour per day that will                      (3) The ‘‘on-scene representative’’ of             Cleveland Dragon Boat Festival and
                                                    prohibit entry within the .2 mile by .1                  the Captain of the Port Detroit is any                Head of the Cuyahoga, Cuyahoga River,


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Document Created: 2018-10-24 11:21:25
Document Modified: 2018-10-24 11:21:25
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 3:30 p.m. August 18, 2017 through 4:30 p.m. on August 20, 2017.
ContactIf you have questions on this temporary rule, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-9564, or email [email protected]
FR Citation82 FR 34405 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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