83_FR_21805 83 FR 21714 - Safety Zone; Grosse Pointe Farms Fireworks, Lake St. Clair, Grosse Pointe Farms, MI

83 FR 21714 - Safety Zone; Grosse Pointe Farms Fireworks, Lake St. Clair, Grosse Pointe Farms, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 91 (May 10, 2018)

Page Range21714-21716
FR Document2018-09935

The Coast Guard is establishing a temporary safety zone for navigable waters within a 560-foot radius of a portion of Lake St. Clair, Grosse Pointe Farms, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Grosse Pointe Farms Fireworks.

Federal Register, Volume 83 Issue 91 (Thursday, May 10, 2018)
[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21714-21716]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09935]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0400]
RIN 1625-AA00


Safety Zone; Grosse Pointe Farms Fireworks, Lake St. Clair, 
Grosse Pointe Farms, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 560-foot radius of a portion of Lake St. 
Clair, Grosse Pointe Farms, MI. This zone is necessary to protect 
spectators and vessels from potential hazards associated with the 
Grosse Pointe Farms Fireworks.

DATES: This temporary final rule is effective from 10 p.m. on June 30, 
2018 through 11 p.m. on July 1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0400 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 
Tracy.M.Girard@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the final details of this fireworks display 
in time to publish an NPRM. As such, it is impracticable to publish an 
NPRM because we lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazard associated with fireworks from 10 p.m. on June 30, 
2018 through 11 p.m. on July 1, 2018 will be a safety concern to anyone 
within a 560-foot radius of the launch site. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the fireworks are being displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. on June 30, 2018 
through 11 p.m. on July 1, 2018. The safety zone will encompass all 
U.S. navigable

[[Page 21715]]

waters of Lake St. Clair, Grosse Pointe Farms, MI, within a 560-foot 
radius of position 42[deg]23.50' N, 082[deg]53.15' W (NAD 83). The 
safety zone will be enforced from 10 p.m. to 11 p.m. on June 30, 2018. 
In the case of inclement weather on June 30, 2018, this safety zone 
will be enforced from 10 p.m. to 11 p.m. on July 1, 2018. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Lake St. Clair from 10 p.m. on June 
30, 2018 through 11 p.m. on July 1, 2018. Moreover, the Coast Guard 
will issue Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 
16 about the zone and the rule allows vessels to seek permission to 
enter the zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone that will be enforced for one hour and will prohibit 
entry into a designated area. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

[[Page 21716]]

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.T09-0400 to read as follows:


Sec.  165.T09-0400   Safety Zone; Grosse Pointe Farms Fireworks, Lake 
St. Clair, Grosse Pointe Farms, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of Lake St. Clair, Grosse Pointe Farms, MI, within a 
560-foot radius of position 42[deg]23.50' N, 082[deg]53.15' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 10 p.m. to 11 p.m. on June 
30, 2018. In the case of inclement weather on June 30, 2018, this 
safety zone will be enforced from 10 p.m. to 11 p.m. on July 1, 2018.
    (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 (COTP), or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of COTP 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 COTP or his on-scene 
representative to obtain permission to enter or operate within the 
safety zone. The COTP 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 COTP or his on-scene 
representative.

    Dated: May 4, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-09935 Filed 5-9-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             21714               Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations

                                             Record of Environmental Consideration                   entry into this zone is prohibited unless             0400 in the ‘‘SEARCH’’ box and click
                                             supporting this determination is                        authorized by the COTP or designated                  ‘‘SEARCH.’’ Click on Open Docket
                                             available in the docket where indicated                 representative. A designated                          Folder on the line associated with this
                                             under ADDRESSES.                                        representative is a commissioned,                     rule.
                                                                                                     warrant, or petty officer of the U.S.                 FOR FURTHER INFORMATION CONTACT: If
                                             G. Protest Activities
                                                                                                     Coast Guard assigned to units under the               you have questions on this temporary
                                               The Coast Guard respects the First                    operational control of USCG Marine                    rule, call or email Tracy Girard,
                                             Amendment rights of protesters.                         Safety Unit Pittsburgh.                               Prevention Department, Sector Detroit,
                                             Protesters are asked to contact the                        (2) Vessels requiring entry into this              Coast Guard; telephone 313–568–9564,
                                             person listed in the FOR FURTHER                        safety zone must request permission                   or email Tracy.M.Girard@uscg.mil.
                                             INFORMATION CONTACT section to                          from the COTP or a designated                         SUPPLEMENTARY INFORMATION:
                                             coordinate protest activities so that your              representative. They may be contacted
                                             message can be received without                         on VHF–FM Channel 16 or 67.                           I. Table of Abbreviations
                                             jeopardizing the safety or security of                     (3) All persons and vessels permitted              CFR Code of Federal Regulations
                                             people, places or vessels.                              to enter this safety zone must transit at             COTP Captain of the Port Detroit
                                                                                                     the slowest safe speed and comply with                DHS Department of Homeland Security
                                             List of Subjects in 33 CFR Part 165
                                                                                                     all lawful directions issued by the COTP              FR Federal Register
                                               Marine safety, Navigation (water),                    or the designated representative.                     NPRM Notice of Proposed Rulemaking
                                             Reporting and recordkeeping                                (e) Informational broadcasts. The                  § Section
                                             requirements, Security measures,                        COTP or a designated representative                   U.S.C. United States Code
                                             Waterways.                                              will inform the public of the effective               II. Background Information and
                                               For the reasons discussed in the                      period for the safety zone as well as any             Regulatory History
                                             preamble, the Coast Guard amends 33                     changes in the dates and times of
                                             CFR part 165 as follows:                                enforcement through Local Notice to                      The Coast Guard is issuing this
                                                                                                     Mariners (LNMs), Broadcast Notices to                 temporary rule without prior notice and
                                             PART 165—REGULATED NAVIGATION                           Mariners (BNMs), and/or Marine Safety                 opportunity to comment pursuant to
                                             AREAS AND LIMITED ACCESS AREAS                          Information Bulletins (MSIBs) as                      authority under section 4(a) of the
                                                                                                     appropriate.                                          Administrative Procedure Act (APA) (5
                                             ■ 1. The authority citation for part 165                                                                      U.S.C. 553(b)). This provision
                                                                                                       Dated: May 4, 2018.
                                             continues to read as follows:                                                                                 authorizes an agency to issue a rule
                                                                                                     L. Mcclain, Jr.,                                      without prior notice and opportunity to
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                     Commander, U.S. Coast Guard, Captain of               comment when the agency for good
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                     the Port Marine Safety Unit Pittsburgh.               cause finds that those procedures are
                                             Department of Homeland Security Delegation
                                             No. 0170.1.                                             [FR Doc. 2018–09920 Filed 5–9–18; 8:45 am]            ‘‘impracticable, unnecessary, or contrary
                                             ■ 2. Add § 165.T08–0422 to read as                      BILLING CODE 9110–04–P                                to the public interest.’’ Under 5 U.S.C.
                                             follows:                                                                                                      553(b)(B), the Coast Guard finds that
                                                                                                                                                           good cause exists for not publishing a
                                             § 165.T08–0422 Safety Zone; Ohio River                  DEPARTMENT OF HOMELAND                                notice of proposed rulemaking (NPRM)
                                             mile marker 27.8 to mile marker 28.2,                   SECURITY                                              with respect to this rule because doing
                                             Vanport, PA.                                                                                                  so would be impracticable. The Coast
                                                (a) Location. The following area is a                Coast Guard
                                                                                                                                                           Guard did not receive the final details
                                             safety zone: All navigable waters of the                                                                      of this fireworks display in time to
                                             Ohio River from mile marker (MM) 27.8                   33 CFR Part 165
                                                                                                                                                           publish an NPRM. As such, it is
                                             to MM 28.2.                                             [Docket No. USCG–2018–0400]                           impracticable to publish an NPRM
                                                (b) Effective period. This rule is                                                                         because we lack sufficient time to
                                             effective from 8 a.m. on May 6, 2018                    RIN 1625–AA00
                                                                                                                                                           provide a reasonable comment period
                                             through 6 p.m. on May 11, 2018.                         Safety Zone; Grosse Pointe Farms                      and then consider those comments
                                                (c) Enforcement period. This section                                                                       before issuing the rule.
                                                                                                     Fireworks, Lake St. Clair, Grosse
                                             will be enforced during the week of May
                                                                                                     Pointe Farms, MI                                      III. Legal Authority and Need for Rule
                                             6, 2018 through May 11, 2018 subject to
                                             cargo delivery intervals and potential                  AGENCY:  Coast Guard, DHS.                               The Coast Guard is issuing this rule
                                             inclement weather, 30 minutes prior to,                 ACTION: Temporary final rule.                         under authority in 33 U.S.C. 1231. The
                                             during, and 1 hour after any cargo                                                                            Captain of the Port Detroit (COTP) has
                                             movement in the vicinity of the Vanport                 SUMMARY:    The Coast Guard is                        determined that potential hazard
                                             Highway Bridge. The Captain of the Port                 establishing a temporary safety zone for              associated with fireworks from 10 p.m.
                                             Marine Safety Unit Pittsburgh (COTP) or                 navigable waters within a 560-foot                    on June 30, 2018 through 11 p.m. on
                                             a designated representative will inform                 radius of a portion of Lake St. Clair,                July 1, 2018 will be a safety concern to
                                             the public of the enforcement period                    Grosse Pointe Farms, MI. This zone is                 anyone within a 560-foot radius of the
                                             through Broadcast Notice to Mariners                    necessary to protect spectators and                   launch site. This rule is needed to
                                             (BNM), Local Notices to Mariners                        vessels from potential hazards                        protect personnel, vessels, and the
                                             (LNM), and/or Marine Safety                             associated with the Grosse Pointe Farms               marine environment in the navigable
                                             Information Broadcasts (MSIBs) or                       Fireworks.                                            waters within the safety zone while the
                                             through other means of public notice at                 DATES: This temporary final rule is
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                           fireworks are being displayed.
                                             least 3 hours in advance of the                         effective from 10 p.m. on June 30, 2018
                                             enforcement period. A safety vessel will                through 11 p.m. on July 1, 2018.                      IV. Discussion of the Rule
                                             coordinate all vessel traffic during the                ADDRESSES: To view documents                             This rule establishes a safety zone
                                             enforcement of this safety zone.                        mentioned in this preamble as being                   from 10 p.m. on June 30, 2018 through
                                                (d) Regulations. (1) In accordance                   available in the docket, go to http://                11 p.m. on July 1, 2018. The safety zone
                                             with the general regulations in § 165.23,               www.regulations.gov, type USCG–2018–                  will encompass all U.S. navigable


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                                                                 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations                                         21715

                                             waters of Lake St. Clair, Grosse Pointe                 significant economic impact on a                      or on the distribution of power and
                                             Farms, MI, within a 560-foot radius of                  substantial number of small entities.                 responsibilities between the Federal
                                             position 42°23.50′ N, 082°53.15′ W                         While some owners or operators of                  Government and Indian tribes. If you
                                             (NAD 83). The safety zone will be                       vessels intending to transit the safety               believe this rule has implications for
                                             enforced from 10 p.m. to 11 p.m. on                     zone may be small entities, for the                   federalism or Indian tribes, please
                                             June 30, 2018. In the case of inclement                 reasons stated in section V.A above, this             contact the person listed in the FOR
                                             weather on June 30, 2018, this safety                   rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                             zone will be enforced from 10 p.m. to                   economic impact on any vessel owner                   above.
                                             11 p.m. on July 1, 2018. No vessel or                   or operator.
                                             person will be permitted to enter the                      Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                             safety zone without obtaining                           Business Regulatory Enforcement
                                                                                                                                                             The Unfunded Mandates Reform Act
                                             permission from the COTP or a                           Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                                                                           of 1995 (2 U.S.C. 1531–1538) requires
                                             designated representative.                              we want to assist small entities in
                                                                                                                                                           Federal agencies to assess the effects of
                                                                                                     understanding this rule. If the rule
                                             V. Regulatory Analyses                                                                                        their discretionary regulatory actions. In
                                                                                                     would affect your small business,
                                                                                                                                                           particular, the Act addresses actions
                                               We developed this rule after                          organization, or governmental
                                                                                                                                                           that may result in the expenditure by a
                                             considering numerous statutes and                       jurisdiction and you have questions
                                                                                                                                                           State, local, or tribal government, in the
                                             Executive orders related to rulemaking.                 concerning its provisions or options for
                                                                                                                                                           aggregate, or by the private sector of
                                             Below we summarize our analyses                         compliance, please contact the person
                                                                                                                                                           $100,000,000 (adjusted for inflation) or
                                             based on a number of these statutes and                 listed in the FOR FURTHER INFORMATION
                                                                                                                                                           more in any one year. Though this rule
                                             Executive orders, and we discuss First                  CONTACT section.
                                                                                                                                                           will not result in such an expenditure,
                                             Amendment rights of protestors.                            Small businesses may send comments
                                                                                                                                                           we do discuss the effects of this rule
                                                                                                     on the actions of Federal employees
                                             A. Regulatory Planning and Review                                                                             elsewhere in this preamble.
                                                                                                     who enforce, or otherwise determine
                                                Executive Orders 12866 and 13563                     compliance with, Federal regulations to               F. Environment
                                             direct agencies to assess the costs and                 the Small Business and Agriculture
                                             benefits of available regulatory                        Regulatory Enforcement Ombudsman                        We have analyzed this rule under
                                             alternatives and, if regulation is                      and the Regional Small Business                       Department of Homeland Security
                                             necessary, to select regulatory                         Regulatory Fairness Boards. The                       Directive 023–01 and Commandant
                                             approaches that maximize net benefits.                  Ombudsman evaluates these actions                     Instruction M16475.1D, which guide the
                                             Executive Order 13771 directs agencies                  annually and rates each agency’s                      Coast Guard in complying with the
                                             to control regulatory costs through a                   responsiveness to small business. If you              National Environmental Policy Act of
                                             budgeting process. This rule has not                    wish to comment on actions by                         1969 (42 U.S.C. 4321–4370f), and have
                                             been designated a ‘‘significant                         employees of the Coast Guard, call 1–                 determined that this action is one of a
                                             regulatory action,’’ under Executive                    888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                             Order 12866. Accordingly, this rule has                 Coast Guard will not retaliate against                individually or cumulatively have a
                                             not been reviewed by the Office of                      small entities that question or complain              significant effect on the human
                                             Management and Budget (OMB), and                        about this rule or any policy or action               environment. This rule involves a safety
                                             pursuant to OMB guidance it is exempt                   of the Coast Guard.                                   zone that will be enforced for one hour
                                             from the requirements of Executive                                                                            and will prohibit entry into a designated
                                             Order 13771.                                            C. Collection of Information                          area. It is categorically excluded from
                                                This regulatory action determination                   This rule will not call for a new                   further review under paragraph L60(a)
                                             is based on the size, location, duration,               collection of information under the                   of Appendix A, Table 1 of DHS
                                             and time-of-year of the safety zone.                    Paperwork Reduction Act of 1995 (44                   Instruction Manual 023–01–001–01,
                                             Vessel traffic will be able to safely                   U.S.C. 3501–3520).                                    Rev. 01. A Record of Environmental
                                             transit around this safety zone which                                                                         Consideration supporting this
                                             will impact a small designated area of                  D. Federalism and Indian Tribal
                                                                                                                                                           determination is available in the docket
                                             Lake St. Clair from 10 p.m. on June 30,                 Governments
                                                                                                                                                           where indicated under ADDRESSES.
                                             2018 through 11 p.m. on July 1, 2018.                      A rule has implications for federalism
                                                                                                     under Executive Order 13132,                          G. Protest Activities
                                             Moreover, the Coast Guard will issue
                                             Broadcast Notice to Mariners (BNM) via                  Federalism, if it has a substantial direct              The Coast Guard respects the First
                                             VHF–FM marine channel 16 about the                      effect on the States, on the relationship             Amendment rights of protesters.
                                             zone and the rule allows vessels to seek                between the national government and                   Protesters are asked to contact the
                                             permission to enter the zone.                           the States, or on the distribution of                 person listed in the FOR FURTHER
                                                                                                     power and responsibilities among the                  INFORMATION CONTACT section to
                                             B. Impact on Small Entities                             various levels of government. We have                 coordinate protest activities so that your
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and               message can be received without
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 jeopardizing the safety or security of
                                             requires Federal agencies to consider                   with the fundamental federalism                       people, places or vessels.
                                             the potential impact of regulations on                  principles and preemption requirements
                                             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
daltland on DSKBBV9HB2PROD with RULES




                                             that are independently owned and                        13175, Consultation and Coordination                  (water), Reporting and recordkeeping
                                             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                     For the reasons discussed in the
                                             The Coast Guard certifies under 5 U.S.C.                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,                 CFR part 165 as follows:


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                                             21716               Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations

                                             PART 165—REGULATED NAVIGATION                           DEPARTMENT OF HOMELAND                                from 7 p.m. to 11:55 p.m. on June 25,
                                             AREAS AND LIMITED ACCESS AREAS                          SECURITY                                              2018. The third safety zone listed in
                                                                                                                                                           § 165.941(a)(50)(i)(C), will be enforced
                                             ■ 1. The authority citation for part 165                Coast Guard                                           from 6 p.m. to 11:59 p.m. on June 25,
                                             continues to read as follows:                                                                                 2018.
                                                                                                     33 CFR Part 165                                          (3) Harbor Beach Fireworks, Harbor
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   Beach, MI. The safety zone listed in the
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               [Docket No. USCG–2018–0265]
                                                                                                                                                           § 165.941(a)(8) will be enforced from
                                             Department of Homeland Security Delegation                                                                    9:45 p.m. to 11 p.m. on July 14, 2018.
                                                                                                     Safety Zones; Annual Events in the
                                             No. 0170.1.                                                                                                   In the case of inclement weather on July
                                                                                                     Captain of the Port Detroit Zone
                                             ■ 2. Add § 165.T09–0400 to read as                                                                            14, 2018, this safety zone will be
                                                                                                     AGENCY:  Coast Guard, DHS.                            enforced from 9:45 p.m. to 11 p.m. on
                                             follows:
                                                                                                     ACTION: Notice of enforcement of                      July 15, 2018.
                                             § 165.T09–0400 Safety Zone; Grosse                      regulation.                                              (4) Bay City Fireworks Festival, Bay
                                             Pointe Farms Fireworks, Lake St. Clair,                                                                       City, MI. The safety zone listed in
                                             Grosse Pointe Farms, MI.                                SUMMARY:    The Coast Guard will enforce              § 165.941(a)(53), will be enforced from
                                                                                                     various safety zones for annual marine                10 p.m. to 10:55 p.m. on July 5, July 6,
                                               (a) Location. A safety zone is                        events in the Captain of the Port Detroit             and July 7, 2018. In the case of
                                             established to include all U.S. navigable               zone from 8:30 p.m. on May 27, 2018                   inclement weather on any scheduled
                                             waters of Lake St. Clair, Grosse Pointe                 through 10:30 p.m. on September 2,                    day, this safety zone will be enforced
                                             Farms, MI, within a 560-foot radius of                  2018. Enforcement of these zones is                   from 10 p.m. to 10:55 p.m. on July 8,
                                             position 42°23.50′ N, 082°53.15′ W                      necessary and intended to ensure safety               2018.
                                             (NAD 83).                                               of life on the navigable waters                          (5) Lexington Independence Festival
                                               (b) Enforcement period. The regulated                 immediately prior to, during, and                     Fireworks, Lexington, MI. The safety
                                             area described in paragraph (a) of this                 immediately after these fireworks                     zone listed in § 165.941(a)(42), will be
                                             section will be enforced from 10 p.m. to                events. During the aforementioned                     enforced from 10 p.m. to 10:30 p.m. on
                                             11 p.m. on June 30, 2018. In the case of                period, the Coast Guard will enforce                  July 6, 2018. In the case of inclement
                                             inclement weather on June 30, 2018,                     restrictions upon, and control                        weather on July 6, 2018, this safety zone
                                             this safety zone will be enforced from 10               movement of, vessels in a specified area              will be enforced from 10 p.m. to 10:30
                                             p.m. to 11 p.m. on July 1, 2018.                        immediately prior to, during, and                     p.m. on July 7, 2018.
                                                                                                     immediately after fireworks events.                      (6) Catawba Island Club Fireworks,
                                               (c) Regulations. (1) No vessel or                     During each enforcement period, no                    Catawba Island, OH. The safety zone
                                             person may enter, transit through, or                   person or vessel may enter the                        listed in § 165.941(a)(21) will be
                                             anchor within the safety zone unless                    respective safety zone without                        enforced from 9 p.m. to 10 p.m. on July
                                             authorized by the Captain of the Port                   permission of the Captain of the Port or              3, 2018.
                                             Detroit (COTP), or his on-scene                         his designated representative.                           (7) Harrisville Fireworks, Harrisville,
                                             representative.                                         DATES: The regulations in 33 CFR                      MI. The safety zone listed in
                                               (2) The safety zone is closed to all                  165.941 will be enforced at various                   § 165.941(a)(7), will be enforced from 10
                                             vessel traffic, except as may be                        dates and times between 8:30 p.m. on                  p.m. to 11 p.m. on July 7, 2018. In the
                                             permitted by the COTP or his on-scene                   May 27, 2018 through 10:30 p.m. on                    case of inclement weather on July 7,
                                                                                                     September 2, 2018.                                    2018, this safety zone will be enforced
                                             representative.
                                                                                                                                                           from 10 p.m. to 10:30 p.m. on July 8,
                                               (3) The ‘‘on-scene representative’’ of                FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                           2018.
                                             COTP is any Coast Guard                                 you have questions on this document,                     (8) Red, White and Blues Bang
                                             commissioned, warrant or petty officer                  call or email Tracy Girard, Prevention,               Fireworks, Huron, OH. The safety zone
                                             or a Federal, State, or local law                       Sector Detroit, Coast Guard; telephone                listed in § 165.941(a)(22) will be
                                                                                                     (313) 568–9564, or email                              enforced between from 10 p.m. to 10:45
                                             enforcement officer designated by or
                                                                                                     Tracy.M.Girard@uscg.mil.                              p.m. on July 7, 2018. In the case of
                                             assisting the Captain of the Port Detroit
                                             to act on his behalf.                                   SUPPLEMENTARY INFORMATION: The Coast                  inclement weather on July 7, 2018, this
                                                                                                     Guard will enforce the safety zones                   safety zone will be enforced from 10
                                               (4) Vessel operators shall contact the                listed in 33 CFR 165.941, Safety Zones;               p.m. to 10:45 p.m. on July 8, 2018.
                                             COTP or his on-scene representative to                  Annual Events in the Captain of the Port                 (9) Port Sanilac Fireworks, Port
                                             obtain permission to enter or operate                   Detroit Zone, at the following dates and              Sanilac, MI. The safety zone listed in
                                             within the safety zone. The COTP or his                 times for the following events:                       § 165.941(a)(38) will be enforced from
                                             on-scene representative may be                             (1) Catawba Island Club Fireworks,                 10 p.m. to 11 p.m. on July 7, 2018. In
                                             contacted via VHF Channel 16 or at                      Catawba Island, OH. The safety zone                   the case of inclement weather on July 7,
                                             (313) 568–9464. Vessel operators given                  listed in § 165.941(a)(56) will be                    2018, this safety zone will be enforced
                                             permission to enter or operate in the                   enforced from 8:30 p.m. to 9:30 p.m. on               from 10 p.m. to 10:45 p.m. on July 8,
                                             regulated area must comply with all                     May 27, 2018.                                         2018.
                                             directions given to them by the COTP or                    (2) Ford (formerly Target) Fireworks,                 (10) Oscoda Township Fireworks,
                                             his on-scene representative.                            Detroit, MI. The first safety zone, listed            Oscoda, MI. The safety zone listed in
                                               Dated: May 4, 2018.
                                                                                                     in § 165.941(a)(50)(i)(A), will be                    § 165.941(a)(32) will be enforced from
                                                                                                     enforced from 8 a.m. on June 22, 2018
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                           10 p.m. to 10:30 p.m. on July 4, 2018.
                                             Jeffrey W. Novak,                                       to 8 p.m. on June 25, 2018. In the case               In the case of inclement weather on July
                                             Captain, U.S. Coast Guard, Captain of the               of inclement weather on the scheduled                 4, 2018, this safety zone will be
                                             Port Detroit.                                           day, this safety zone will be enforced on             enforced from 10 p.m. to 10:30 p.m. on
                                             [FR Doc. 2018–09935 Filed 5–9–18; 8:45 am]              June 26, 2018 until 11:59 p.m. The                    July 5, 2018.
                                             BILLING CODE 9110–04–P                                  second safety zone, listed in                            (11) Lakeside July 4th Fireworks,
                                                                                                     § 165.941(a)(50)(i)(B), will be enforced              Lakeside, OH. The safety zone listed in


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Document Created: 2018-11-02 09:47:11
Document Modified: 2018-11-02 09:47:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 10 p.m. on June 30, 2018 through 11 p.m. on July 1, 2018.
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 Citation83 FR 21714 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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