82_FR_43119 82 FR 42943 - Safety Zone; L4D Optic Ground Wire Crossing, St. Clair River, St. Clair, MI

82 FR 42943 - Safety Zone; L4D Optic Ground Wire Crossing, St. Clair River, St. Clair, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 176 (September 13, 2017)

Page Range42943-42945
FR Document2017-19404

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 St. Clair, MI. This zone is necessary to protect vessels from potential hazards associated with the L4D Optic Ground Wire Crossing.

Federal Register, Volume 82 Issue 176 (Wednesday, September 13, 2017)
[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Rules and Regulations]
[Pages 42943-42945]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19404]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0304]
RIN 1625-AA00


Safety Zone; L4D Optic Ground Wire Crossing, St. Clair River, St. 
Clair, 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 St. Clair, MI. This zone is necessary to protect 
vessels from potential hazards associated with the L4D Optic Ground 
Wire Crossing.

DATES: This temporary final rule is effective from 7 a.m. on September 
12, 2017 through 7 p.m. September 13, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0304 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the final details of this 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 Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazard associated with this project will be a safety concern 
to anyone within a 2000-foot area of the LD4 Ground Wire. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the project is being 
conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on September 12, 
2017 through 7 p.m. on September 13, 2017. A safety zone is established 
to include all U.S. navigable waters of the St. Clair river, St. Clair, 
MI, between the following two lines from bank-to-the U.S./Canadian 
border: The first line is drawn directly across the channel from 
position 42[deg]46.139' N., 082[deg]28.233' W. (NAD 83); the second 
line, to the south, is drawn directly across the channel from position 
42[deg]45.799' N., 082[deg]28.251' W. (NAD 83). This regulated area 
will be enforced during a one hour period of time between 7 a.m. 
through 7 p.m. on September 12, 2017. In the event of inclement weather 
the regulated area will be enforced during a one hour period of time 
between 7 a.m. through 7 p.m. on September 13, 2017. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

[[Page 42944]]

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. 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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Recreational 
vessel traffic will be able to safely transit around this safety zone 
with the exception of a one hour time frame between 7 a.m. to 7 p.m. 
during which the optic ground wire will cross the river on September 12 
or 13, 2017. Commercial traffic shall not be impeded. Moreover, the 
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone and the rule allows vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such 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 36 hours that will prohibit entry 
within 2000-feet of the project 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 record 
keeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T09-0304 to read as follows:

[[Page 42945]]

Sec.  165.T09-0304   Safety Zone; LD4 Optic Ground Wire Crossing, St. 
Clair River; St. Clair, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the St. Clair river, St. Clair, MI, between the 
following two lines from bank-to-the U.S./Canadian border: The first 
line is drawn directly across the channel from position 42[deg]46.139' 
N., 082[deg]28.233' W. (NAD 83); the second line, to the south, is 
drawn directly across the channel from position 42[deg]45.799' N., 
082[deg]28.251' W. (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) will be enforced during a one hour period of time between 7 a.m. 
through 7 p.m. on September 12, 2017. In the event of inclement weather 
the regulated area will be enforced during a one hour period of time 
between 7 a.m. through 7 p.m. on September 13, 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 recreational traffic, except 
as may be permitted by the Captain of the Port Detroit or his on-scene 
representative. The safety zone shall not impede the safe navigation of 
commercial vessels.
    (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: September 7, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port, Detroit.
[FR Doc. 2017-19404 Filed 9-12-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                           Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations                                         42943

                                              G. Protest Activities                                     Dated: September 8, 2017.                           without prior notice and opportunity to
                                                The Coast Guard respects the First                    M.B. Zamperini,                                       comment when the agency for good
                                              Amendment rights of protesters.                         Captain, U.S. Coast Guard, Captain of the             cause finds that those procedures are
                                              Protesters are asked to contact the                     Port Sector Ohio Valley.                              ‘‘impracticable, unnecessary, or contrary
                                              person listed in the FOR FURTHER                        [FR Doc. 2017–19399 Filed 9–12–17; 8:45 am]           to the public interest.’’ Under 5 U.S.C.
                                              INFORMATION CONTACT section to                          BILLING CODE 9110–04–P                                553(b)(B), the Coast Guard finds that
                                              coordinate protest activities so that your                                                                    good cause exists for not publishing a
                                              message can be received without                                                                               notice of proposed rulemaking (NPRM)
                                              jeopardizing the safety or security of                  DEPARTMENT OF HOMELAND                                with respect to this rule because doing
                                              people, places or vessels.                              SECURITY                                              so would be impracticable. The Coast
                                                                                                                                                            Guard did not receive the final details
                                              List of Subjects in 33 CFR Part 165                     Coast Guard                                           of this project until there was
                                                Harbors, Marine Safety, Navigation                                                                          insufficient time remaining before the
                                                                                                      33 CFR Part 165                                       event to publish an NPRM. Thus,
                                              (water), Reporting and Recordkeeping
                                              Requirements, Security Measures,                        [Docket No. USCG–2017–0304]                           delaying the effective date of this rule to
                                              Waterways.                                                                                                    wait for a comment period to run would
                                                                                                      RIN 1625–AA00
                                                For the reasons discussed in the                                                                            be impracticable because it would
                                              preamble, the Coast Guard amends 33                     Safety Zone; L4D Optic Ground Wire                    inhibit the Coast Guard’s ability to
                                              CFR part 165 as follows:                                Crossing, St. Clair River, St. Clair, MI              protect participants, mariners and
                                                                                                                                                            vessels from the hazards associated with
                                              PART 165—REGULATED NAVIGATION                           AGENCY:    Coast Guard, DHS.                          this event. We are issuing this rule
                                              AREAS AND LIMITED ACCESS AREAS                          ACTION:   Temporary final rule.                       under 5 U.S.C. 553(d)(3), the Coast
                                                                                                                                                            Guard finds that good cause exists for
                                              ■ 1. The authority citation for part 165                SUMMARY:    The Coast Guard is                        making it effective less than 30 days
                                              continues to read as follows:                           establishing a temporary safety zone for              after publication in the Federal Register
                                                                                                      navigable waters within a 2000-foot                   for the same reason noted above.
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                      portion of the St. Clair River in the
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              Department of Homeland Security Delegation              vicinity of St. Clair, MI. This zone is               III. Legal Authority and Need for Rule
                                              No. 0170.1                                              necessary to protect vessels from
                                                                                                      potential hazards associated with the                   The Coast Guard is issuing this rule
                                              ■ 2. Add § 165.T08–0838 to read as                      L4D Optic Ground Wire Crossing.                       under authority in 33 U.S.C. 1231. The
                                              follows:                                                                                                      Captain of the Port Detroit (COTP) has
                                                                                                      DATES: This temporary final rule is
                                                                                                      effective from 7 a.m. on September 12,                determined that potential hazard
                                              § 165.T08–0838 Safety zone; Tennessee
                                              River, Knoxville, TN.                                   2017 through 7 p.m. September 13,                     associated with this project will be a
                                                                                                      2017.                                                 safety concern to anyone within a 2000-
                                                (a) Location. The following area is a                                                                       foot area of the LD4 Ground Wire. This
                                              temporary safety zone area: all navigable               ADDRESSES: To view documents                          rule is needed to protect personnel,
                                              waters of the Tennessee River between                   mentioned in this preamble as being                   vessels, and the marine environment in
                                              Mile Marker (MM) 646.8 and MM 647.0,                    available in the docket, go to http://                the navigable waters within the safety
                                              Knoxville, TN.                                          www.regulations.gov, type USCG–2017–                  zone while the project is being
                                                (b) Effective period. This section will               0304 in the ‘‘SEARCH’’ box and click                  conducted.
                                              be enforced from 3:30 p.m. on                           ‘‘SEARCH.’’ Click on Open Docket
                                              September 9, 2017 through 11 p.m. on                    Folder on the line associated with this               IV. Discussion of the Rule
                                              November 25, 2017.                                      rule.
                                                (c) Regulations. (1) In accordance with                                                                        This rule establishes a safety zone
                                                                                                      FOR FURTHER INFORMATION CONTACT: If
                                              the general regulations in § 165.23 of                                                                        from 7 a.m. on September 12, 2017
                                                                                                      you have questions on this temporary
                                              this part, entry into this zone is                      rule, call or email Tracy Girard,                     through 7 p.m. on September 13, 2017.
                                              prohibited unless specifically                          Prevention Department, Sector Detroit,                A safety zone is established to include
                                              authorized by the Captain of the Port                   Coast Guard; telephone 313–568–9564,                  all U.S. navigable waters of the St. Clair
                                              Sector Ohio Valley (COTP) or a                          or email Tracy.M.Girard@uscg.mil.                     river, St. Clair, MI, between the
                                              designated representative. Persons or                                                                         following two lines from bank-to-the
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              vessels desiring to enter into or pass                                                                        U.S./Canadian border: The first line is
                                              through the zone must request                           I. Table of Abbreviations                             drawn directly across the channel from
                                              permission from the COTP or a                           CFR Code of Federal Regulations
                                                                                                                                                            position 42°46.139′ N., 082°28.233′ W.
                                              designated representative. They may be                  DHS Department of Homeland Security                   (NAD 83); the second line, to the south,
                                              contacted on VHF–FM radio channel 16                    FR Federal Register                                   is drawn directly across the channel
                                              or telephone at 1–800–253–7465                          NPRM Notice of Proposed Rulemaking                    from position 42°45.799′ N., 082°28.251′
                                                (2) Persons and vessels permitted to                  § Section                                             W. (NAD 83). This regulated area will be
                                              enter this safety zone must transit at the              U.S.C. United States Code                             enforced during a one hour period of
                                              slowest safe speed and comply with all                                                                        time between 7 a.m. through 7 p.m. on
                                              lawful directions issued by the COTP or                 II. Background Information and                        September 12, 2017. In the event of
                                              a designated representative.                            Regulatory History                                    inclement weather the regulated area
sradovich on DSK3GMQ082PROD with RULES




                                                (d) Informational broadcasts. The                        The Coast Guard is issuing this                    will be enforced during a one hour
                                              COTP or a designated representative                     temporary rule without prior notice and               period of time between 7 a.m. through
                                              will inform the public through                          opportunity to comment pursuant to                    7 p.m. on September 13, 2017. No vessel
                                              broadcast notices to mariners of the                    authority under section 4(a) of the                   or person will be permitted to enter the
                                              enforcement period for the temporary                    Administrative Procedure Act (APA) (5                 safety zone without obtaining
                                              safety zone as well as any changes in the               U.S.C. 553(b)). This provision                        permission from the COTP or a
                                              planned schedule.                                       authorizes an agency to issue a rule                  designated representative.


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                                              42944        Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations

                                              V. Regulatory Analyses                                  understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                We developed this rule after                          would affect your small business,                     particular, the Act addresses actions
                                              considering numerous statutes and                       organization, or governmental                         that may result in the expenditure by a
                                              executive orders related to rulemaking.                 jurisdiction and you have questions                   State, local, or tribal government, in the
                                              Below we summarize our analyses                         concerning its provisions or options for              aggregate, or by the private sector of
                                              based on these statutes and executive                   compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                              orders.                                                 listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                                                                      CONTACT section.                                      will not result in such expenditure, we
                                              A. Regulatory Planning and Review                          Small businesses may send comments                 do discuss the effects of this rule
                                                 Executive Orders 12866 and 13563                     on the actions of Federal employees                   elsewhere in this preamble.
                                              direct agencies to assess the costs and                 who enforce, or otherwise determine
                                                                                                      compliance with, Federal regulations to               F. Environment
                                              benefits of available regulatory
                                              alternatives and, if regulation is                      the Small Business and Agriculture                       We have analyzed this rule under
                                              necessary, to select regulatory                         Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                              approaches that maximize net benefits.                  and the Regional Small Business                       Management Directive 023–01 and
                                              Executive Order 13563 emphasizes the                    Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                              importance of quantifying both costs                    Ombudsman evaluates these actions                     which guide the Coast Guard in
                                              and benefits, of reducing costs, of                     annually and rates each agency’s                      complying with the National
                                              harmonizing rules, and of promoting                     responsiveness to small business. If you              Environmental Policy Act of 1969(42
                                              flexibility. This rule has not been                     wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                              designated a ‘‘significant regulatory                   employees of the Coast Guard, call 1–                 determined that this action is one of a
                                              action,’’ under Executive Order 12866.                  888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                              Accordingly, it has not been reviewed                   Coast Guard will not retaliate against                individually or cumulatively have a
                                              by the Office of Management and                         small entities that question or complain              significant effect on the human
                                              Budget.                                                 about this rule or any policy or action               environment. This rule involves a safety
                                                 This regulatory action determination                 of the Coast Guard.                                   zone lasting 36 hours that will prohibit
                                              is based on the size, location, duration,               C. Collection of Information                          entry within 2000-feet of the project
                                              and time-of-year of the safety zone.                                                                          site. It is categorically excluded under
                                                                                                        This rule will not call for a new                   section 2.B.2, figure 2–1, paragraph
                                              Recreational vessel traffic will be able to             collection of information under the
                                              safely transit around this safety zone                                                                        34(g) of the Instruction. A Record of
                                                                                                      Paperwork Reduction Act of 1995 (44                   Environmental Consideration (REC)
                                              with the exception of a one hour time                   U.S.C. 3501–3520).
                                              frame between 7 a.m. to 7 p.m. during                                                                         supporting this determination is
                                              which the optic ground wire will cross                  D. Federalism and Indian Tribal                       available in the docket where indicated
                                              the river on September 12 or 13, 2017.                  Governments                                           in the ADDRESSES section of this
                                              Commercial traffic shall not be                            A rule has implications for federalism             preamble.
                                              impeded. Moreover, the Coast Guard                      under Executive Order 13132,                          G. Protest Activities
                                              will issue Broadcast Notice to Mariners                 Federalism, if it has a substantial direct
                                              via VHF–FM marine channel 16 about                      effect on the States, on the relationship               The Coast Guard respects the First
                                              the zone and the rule allows vessels to                 between the national government and                   Amendment rights of protesters.
                                              seek permission to enter the zone.                      the States, or on the distribution of                 Protesters are asked to contact the
                                                                                                      power and responsibilities among the                  person listed in the FOR FURTHER
                                              B. Impact on Small Entities                                                                                   INFORMATION CONTACT section to
                                                                                                      various levels of government. We have
                                                 The Regulatory Flexibility Act of                    analyzed this rule under that Order and               coordinate protest activities so that your
                                              1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 message can be received without
                                              requires Federal agencies to consider                   with the fundamental federalism                       jeopardizing the safety or security of
                                              the potential impact of regulations on                  principles and preemption requirements                people, places or vessels.
                                              small entities during rulemaking. The                   described in Executive Order 13132.                   List of Subjects in 33 CFR Part 165
                                              term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal
                                              businesses, not-for-profit organizations                implications under Executive Order                      Harbors, Marine safety, Navigation
                                              that are independently owned and                        13175, Consultation and Coordination                  (water), Reporting and record keeping
                                              operated and are not dominant in their                  with Indian Tribal Governments,                       requirements, Security measures,
                                              fields, and governmental jurisdictions                  because it does not have a substantial                Waterways.
                                              with populations of less than 50,000.                   direct effect on one or more Indian
                                              The Coast Guard certifies under 5 U.S.C.                                                                        For the reasons discussed in the
                                                                                                      tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                              605(b) that this rule will not have a                   Federal Government and Indian tribes,
                                              significant economic impact on a                                                                              CFR part 165 as follows:
                                                                                                      or on the distribution of power and
                                              substantial number of small entities.                   responsibilities between the Federal                  PART 165—REGULATED NAVIGATION
                                                 While some owners or operators of                    Government and Indian tribes. If you                  AREAS AND LIMITED ACCESS AREAS
                                              vessels intending to transit the safety                 believe this rule has implications for
                                              zone may be small entities, for the                     federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                              reasons stated in section V.A above, this               contact the person listed in the FOR                  continues to read as follows:
sradovich on DSK3GMQ082PROD with RULES




                                              rule will not have a significant                        FURTHER INFORMATION CONTACT section
                                              economic impact on any vessel owner                                                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                      above.                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              or operator.
                                                                                                      E. Unfunded Mandates Reform Act                       Department of Homeland Security Delegation
                                                 Under section 213(a) of the Small                                                                          No. 0170.1.
                                              Business Regulatory Enforcement                           The Unfunded Mandates Reform Act
                                              Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 ■ 2. Add § 165.T09–0304 to read as
                                              we want to assist small entities in                     Federal agencies to assess the effects of             follows:


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                                                           Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations                                              42945

                                              § 165.T09–0304 Safety Zone; LD4 Optic                   DEPARTMENT OF HOMELAND                                  This notice of enforcement is issued
                                              Ground Wire Crossing, St. Clair River; St.              SECURITY                                              under authority of 33 CFR 165.801 and
                                              Clair, MI.                                                                                                    5 U.S.C. 552 (a). In addition to this
                                                 (a) Location. A safety zone is                       Coast Guard                                           notice in the Federal Register, the Coast
                                              established to include all U.S. navigable                                                                     Guard will provide the maritime
                                                                                                      33 CFR Part 165                                       community with advance notification of
                                              waters of the St. Clair river, St. Clair,
                                              MI, between the following two lines                                                                           this enforcement period via Local
                                                                                                      [Docket No. USCG–2017–0672]                           Notice to Mariners and updates via
                                              from bank-to-the U.S./Canadian border:
                                                                                                                                                            Marine Information Broadcasts.
                                              The first line is drawn directly across                 Safety Zone; Allegheny River miles
                                              the channel from position 42°46.139′ N.,                                                                        Dated: August 28, 2017.
                                                                                                      0.0–0.25, Ohio River mile 0.0–0.1,
                                              082°28.233′ W. (NAD 83); the second                                                                           L. McClain, Jr.,
                                                                                                      Monongahela River mile 0.0–0.1;
                                              line, to the south, is drawn directly                   Pittsburgh, PA                                        Commander, U.S. Coast Guard, Captain of
                                              across the channel from position                                                                              the Port Marine Safety Unit Pittsburgh.
                                              42°45.799′ N., 082°28.251′ W. (NAD 83).                 AGENCY:  Coast Guard, DHS.                            [FR Doc. 2017–19436 Filed 9–12–17; 8:45 am]

                                                 (b) Enforcement period. The regulated                ACTION: Notice of enforcement of                      BILLING CODE 9110–04–P

                                              area described in paragraph (a) will be                 regulation.
                                              enforced during a one hour period of                    SUMMARY:   The Coast Guard will enforce
                                              time between 7 a.m. through 7 p.m. on                                                                         ENVIRONMENTAL PROTECTION
                                                                                                      the subject safety zone for the Pittsburgh            AGENCY
                                              September 12, 2017. In the event of                     Steelers Fireworks on all navigable
                                              inclement weather the regulated area                    waters of the Allegheny River miles 0.0               40 CFR Part 52
                                              will be enforced during a one hour                      to 0.25, Ohio River mile 0.0 to 0.1,
                                              period of time between 7 a.m. through                                                                         [EPA–R07–OAR–2017–0251; FRL 9967–49–
                                                                                                      Monongahela River mile 0.0 to 0.1,                    Region 7]
                                              7 p.m. on September 13, 2017.                           extending the entire width of the rivers.
                                                 (c) Regulations. (1) No recreational                 The zone is needed to protect vessels                 Approval of Missouri Air Quality
                                              vessel or person may enter, transit                     transiting the area and event spectators              Implementation Plans; Final Rule;
                                              through, or anchor within the safety                    from the hazards associated with the                  Determination of Attainment for the
                                              zone unless authorized by the Captain                   barge-based fireworks display. During                 2010 1-Hour Primary Sulfur Dioxide
                                              of the Port Detroit, or his on-scene                    the enforcement period, entry into,                   National Ambient Air Quality Standard;
                                                                                                      transiting, or anchoring in the safety                Jefferson County Nonattainment Area
                                              representative.
                                                                                                      zone is prohibited to all vessels not
                                                 (2) The safety zone is closed to all                 registered with the sponsor as                        AGENCY:  Environmental Protection
                                              recreational traffic, except as may be                  participants or official patrol vessels,              Agency (EPA).
                                              permitted by the Captain of the Port                    unless specifically authorized by the                 ACTION: Final rule.
                                              Detroit or his on-scene representative.                 Captain of the Port Marine Safety Unit
                                              The safety zone shall not impede the                                                                          SUMMARY:    The Environmental Protection
                                                                                                      Pittsburgh (COTP) or a designated
                                              safe navigation of commercial vessels.                                                                        Agency (EPA) is taking final action to
                                                                                                      representative.
                                                                                                                                                            determine that the Jefferson County
                                                 (3) The ‘‘on-scene representative’’ of               DATES:  The regulations in 33 CFR                     nonattainment area, in Missouri, has
                                              the Captain of the Port Detroit is any                  165.801 Table 1, Sector Ohio Valley, No.              attained the 2010 1-hour primary Sulfur
                                              Coast Guard commissioned, warrant or                    57 will be enforced on November 16,                   Dioxide (SO2) National Ambient Air
                                              petty officer or a Federal, State, or local             2017, November 26, 2017, and                          Quality Standard (NAAQS) per the
                                              law enforcement officer designated by                   December 10, 2017.                                    EPA’s Clean Data Policy. This
                                              or assisting the Captain of the Port                    FOR FURTHER INFORMATION CONTACT: If                   determination of attainment is based
                                              Detroit to act on his behalf.                           you have questions about this notice of               upon complete, quality assured, and
                                                 (4) Vessel operators shall contact the               enforcement, call or email MST1                       certified ambient air monitoring data
                                              Captain of the Port Detroit or his on-                  Jennifer Haggins, Marine Safety Unit                  from the 2014–2016 monitoring period,
                                              scene representative to obtain                          Pittsburgh, U.S. Coast Guard; telephone               associated dispersion modeling, and
                                              permission to enter or operate within                   412–221–0807, email                                   supplemental emissions inventory
                                                                                                      Jennifer.L.Haggins@uscg.mil.                          information, which demonstrate that the
                                              the safety zone. The Captain of the Port
                                                                                                      SUPPLEMENTARY INFORMATION: The Coast                  Jefferson County area attained the 2010
                                              Detroit or his on-scene representative
                                                                                                      Guard will enforce the Safety Zone for                1-hour primary SO2 NAAQS.
                                              may be contacted via VHF Channel 16
                                                                                                      the Pittsburgh Steelers fireworks on the              DATES: This final rule is effective on
                                              or at 313–568–9464. Vessel operators
                                                                                                      Allegheny River, Monongahela River                    October 13, 2017.
                                              given permission to enter or operate in
                                              the regulated area must comply with all                 and Ohio River, listed in 33 CFR                      ADDRESSES: EPA has established a
                                                                                                      165.801 Table 1, Sector Ohio Valley, No.              docket for this action under Docket ID
                                              directions given to them by the Captain
                                                                                                      57 on November 16, 2017, November 26,                 No. EPA–R07–OAR–2017–0251. All
                                              of the Port Detroit or his on-scene
                                                                                                      2017, and December 10, 2017. Entry into               documents in the docket are listed on
                                              representative.
                                                                                                      the safety zone is prohibited unless                  the https://www.regulations.gov Web
                                                Dated: September 7, 2017.                             authorized by the COTP or a designated                site. Although listed in the index, some
                                              Jeffrey W. Novak,                                       representative. Persons or vessels                    information is not publicly available,
sradovich on DSK3GMQ082PROD with RULES




                                              Captain, U.S. Coast Guard, Captain of the               desiring to enter into or passage through             i.e., CBI or other information whose
                                              Port, Detroit.                                          the safety zone must request permission               disclosure is restricted by statute.
                                              [FR Doc. 2017–19404 Filed 9–12–17; 8:45 am]             from the COTP or a designated                         Certain other material, such as
                                                                                                      representative. If permission is granted,             copyrighted material, is not placed on
                                              BILLING CODE 9110–04–P
                                                                                                      all persons and vessels shall comply                  the Internet and will be publicly
                                                                                                      with the instructions of the COTP or                  available only in hard copy form.
                                                                                                      designated representative.                            Publicly available docket materials are


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Document Created: 2017-09-13 00:08:51
Document Modified: 2017-09-13 00:08:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 7 a.m. on September 12, 2017 through 7 p.m. September 13, 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 42943 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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