83 FR 23364 - Safety Zone; Grosse Pointe War Memorial Red, White, and Blue Gala Fireworks, Lake St. Clair, Grosse Pointe, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range		23364-23365
FR Document		2018-10749

The Coast Guard is establishing a temporary safety zone for navigable waters within a 420-foot radius of a portion of Lake St. Clair, Grosse Point, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Grosse Pointe War Memorial Red, White, and Blue Gala Fireworks.

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)

[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23364-23365]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10749]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0266]
RIN 1625-AA00


Safety Zone; Grosse Pointe War Memorial Red, White, and Blue Gala 
Fireworks, Lake St. Clair, Grosse Pointe, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 420-foot radius of a portion of Lake St. 
Clair, Grosse Point, MI. This zone is necessary to protect spectators 
and vessels from potential hazards associated with the Grosse Pointe 
War Memorial Red, White, and Blue Gala Fireworks.

DATES: This temporary final rule is effective from 9 p.m. through 10 
p.m. (EDT) on May 24, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0266 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
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.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would inhibit the Coast Guard's ability to protect 
participants, mariners and vessels from the hazards associated with 
this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazard associated with fireworks from 9 p.m. to 10 p.m. on 
May 24, 2018 will be a safety concern to anyone within a 420-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 9 p.m. through 10 p.m. on 
May 24, 2018. The safety zone will encompass all U.S. navigable waters 
of Lake St. Clair, Harrison Twp, MI, within a 420-foot radius of 
position 42[deg]23.132' N, 082[deg]53.740' W (NAD 83). No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

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 9 p.m. to 10 p.m. 
on May 24, 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

[[Page 23365]]

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 lasting one hour that 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:

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.T09-0266 to read as follows:


Sec.  165.T09-0266   Safety Zone; Grosse Pointe War Memorial Red, 
White, and Blue Gala Fireworks, Lake St. Clair, Grosse Pointe, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of Lake St. Clair, Harrison Twp, within a 420-foot 
radius of position 42[deg]23.132' N, 082[deg]53.740' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 9 p.m. through 10 p.m. on May 
24, 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 3, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-10749 Filed 5-18-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations 23365

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:
significant economic impact on a 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:
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.
or operator. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Under section 213(a) of the Small E. Unfunded Mandates Reform Act Department of Homeland Security Delegation
Business Regulatory Enforcement No. 0170.1.
The Unfunded Mandates Reform Act
Fairness Act of 1996 (Pub. L. 104–121), ■ 2. Add § 165.T09–0266 to read as
of 1995 (2 U.S.C. 1531–1538) requires
we want to assist small entities in follows:
Federal agencies to assess the effects of
understanding this rule. If the rule
their discretionary regulatory actions. In
would affect your small business, § 165.T09–0266 Safety Zone; Grosse
particular, the Act addresses actions Pointe War Memorial Red, White, and Blue
organization, or governmental
that may result in the expenditure by a Gala Fireworks, Lake St. Clair, Grosse
jurisdiction and you have questions
State, local, or tribal government, in the Pointe, MI.
concerning its provisions or options for
aggregate, or by the private sector of
compliance, please contact the person (a) Location. A safety zone is
$100,000,000 (adjusted for inflation) or
listed in the FOR FURTHER INFORMATION established to include all U.S. navigable
more in any one year. Though this rule
CONTACT section.
will not result in such an expenditure, waters of Lake St. Clair, Harrison Twp,
Small businesses may send comments
we do discuss the effects of this rule within a 420-foot radius of position
on the actions of Federal employees
elsewhere in this preamble. 42°23.132′ N, 082°53.740′ W (NAD 83).
who enforce, or otherwise determine
compliance with, Federal regulations to F. Environment (b) Enforcement period. The regulated
the Small Business and Agriculture area described in paragraph (a) of this
Regulatory Enforcement Ombudsman We have analyzed this rule under section will be enforced from 9 p.m.
and the Regional Small Business Department of Homeland Security through 10 p.m. on May 24, 2018.
Regulatory Fairness Boards. The Directive 023–01 and Commandant (c) Regulations. (1) No vessel or
Ombudsman evaluates these actions Instruction M16475.1D, which guide the person may enter, transit through, or
annually and rates each agency’s Coast Guard in complying with the
anchor within the safety zone unless
responsiveness to small business. If you National Environmental Policy Act of
authorized by the Captain of the Port
wish to comment on actions by 1969 (42 U.S.C. 4321–4370f), and have
Detroit (COTP), or his on-scene
employees of the Coast Guard, call 1– determined that this action is one of a
category of actions that do not representative.
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against individually or cumulatively have a (2) The safety zone is closed to all
small entities that question or complain significant effect on the human vessel traffic, except as may be
about this rule or any policy or action environment. This rule involves a safety permitted by the COTP or his on-scene
of the Coast Guard. zone lasting one hour that will prohibit representative.
entry into a designated area. It is (3) The ‘‘on-scene representative’’ of
C. Collection of Information categorically excluded from further COTP is any Coast Guard
This rule will not call for a new review under paragraph L60(a) of
collection of information under the commissioned, warrant or petty officer
Appendix A, Table 1 of DHS Instruction
Paperwork Reduction Act of 1995 (44 or a Federal, State, or local law
Manual 023–01–001–01, Rev. 01. A
U.S.C. 3501–3520). enforcement officer designated by or
Record of Environmental Consideration
supporting this determination is assisting the Captain of the Port Detroit
D. Federalism and Indian Tribal to act on his behalf.
Governments available in the docket where indicated
under ADDRESSES. (4) Vessel operators shall contact the
A rule has implications for federalism COTP or his on-scene representative to
under Executive Order 13132, G. Protest Activities obtain permission to enter or operate
Federalism, if it has a substantial direct within the safety zone. The COTP or his
effect on the States, on the relationship The Coast Guard respects the First
Amendment rights of protesters. on-scene representative may be
between the national government and contacted via VHF Channel 16 or at
the States, or on the distribution of Protesters are asked to contact the
person listed in the FOR FURTHER 313–568–9464. Vessel operators given
power and responsibilities among the
INFORMATION CONTACT section to permission to enter or operate in the
various levels of government. We have
analyzed this rule under that Order and coordinate protest activities so that your regulated area must comply with all
have determined that it is consistent message can be received without directions given to them by the COTP or
with the fundamental federalism jeopardizing the safety or security of his on-scene representative.
sradovich on DSK3GMQ082PROD with RULES

principles and preemption requirements people, places or vessels. Dated: May 3, 2018.
described in Executive Order 13132. List of Subjects in 33 CFR Part 165 Jeffrey W. Novak,
Also, this rule does not have tribal Captain, U.S. Coast Guard, Captain of the
implications under Executive Order Harbors, Marine safety, Navigation Port Detroit.
13175, Consultation and Coordination (water), Reporting and recordkeeping
[FR Doc. 2018–10749 Filed 5–18–18; 8:45 am]
with Indian Tribal Governments, requirements, Security measures,
BILLING CODE 9110–04–P
because it does not have a substantial Waterways.

VerDate Sep<11>2014 15:54 May 18, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 9990 E:\FR\FM\21MYR1.SGM 21MYR1

Document Created: 2018-11-02 11:07:35
Document Modified: 2018-11-02 11:07:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This temporary final rule is effective from 9 p.m. through 10 p.m. (EDT) on May 24, 2018.
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]
FR Citation		83 FR 23364
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 23364 - Safety Zone; Grosse Pointe War Memorial Red, White, and Blue Gala Fireworks, Lake St. Clair, Grosse Pointe, MI

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 98 (May 21, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard