83 FR 23366 - Safety Zone; St. Clair Shores Fireworks, Lake St. Clair, St. Clair Shores, MI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 98 (May 21, 2018)
Coast Guard
Federal Register Volume 83, Issue 98 (May 21, 2018)
| Page Range | 23366-23367 | |
| FR Document | 2018-10771 |
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)] [Rules and Regulations] [Pages 23366-23367] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10771] [[Page 23366]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2018-0384] RIN 1625-AA00 Safety Zone; St. Clair Shores Fireworks, Lake St. Clair, St. Clair Shores, MI AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable waters within a 700-foot radius of a portion of Lake St. Clair, St. Clair Shores, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the St. Clair Shores Fireworks. DATES: This temporary final rule is effective from 10 p.m. on June 22, 2018 through 11 p.m. on June 23, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0384 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. 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 22, 2018 through 11 p.m. on June 23, 2018 will be a safety concern to anyone within a 700-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 22, 2018 through 11 p.m. on June 23, 2018. The safety zone will encompass all U.S. navigable waters of Lake St. Clair, St. Clair Shores, MI, within a 700-foot radius of position 42[deg] 31.6' N, 082[deg]52.03' 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 10 p.m. on June 22, 2018 through 11 p.m. on June 23, 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 [[Page 23367]] 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 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.T09-0384 to read as follows: Sec. 165.T09-0384 Safety Zone; St. Clair Shores Fireworks, Lake St. Clair, St. Clair Shores, MI. (a) Location. A safety zone is established to include all U.S. navigable waters of Lake St. Clair, St. Clair Shores, MI, within a 700- foot radius of position 42[deg]31.6' N, 082[deg]52.03' W (NAD 83). (b) Enforcement period. The regulated area described in paragraph (a) will be enforced from 10 p.m. until 11 p.m. on June 22, 2018. In the case of inclement weather on June 22, 2018, this safety zone will be enforced from 10 p.m. to 11 p.m. on June 23, 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. 2018-10771 Filed 5-18-18; 8:45 am] BILLING CODE 9110-04-P
![23366 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations
DEPARTMENT OF HOMELAND notice of proposed rulemaking (NPRM) and time-of-year of the safety zone.
SECURITY with respect to this rule because doing Vessel traffic will be able to safely
so would be impracticable. The Coast transit around this safety zone which
Coast Guard Guard did not receive the final details will impact a small designated area of
of this fireworks display in time to Lake St. Clair 10 p.m. on June 22, 2018
33 CFR Part 165 publish an NPRM. As such, it is through 11 p.m. on June 23, 2018.
[Docket No. USCG–2018–0384] impracticable to publish an NPRM Moreover, the Coast Guard will issue
because we lack sufficient time to Broadcast Notice to Mariners (BNM) via
RIN 1625–AA00 provide a reasonable comment period VHF–FM marine channel 16 about the
and then consider those comments zone and the rule allows vessels to seek
Safety Zone; St. Clair Shores before issuing the rule. permission to enter the zone.
Fireworks, Lake St. Clair, St. Clair
Shores, MI III. Legal Authority and Need for Rule B. Impact on Small Entities
The Coast Guard is issuing this rule The Regulatory Flexibility Act of
AGENCY: Coast Guard, DHS. 1980, 5 U.S.C. 601–612, as amended,
under authority in 33 U.S.C. 1231. The
ACTION: Temporary final rule. Captain of the Port Detroit (COTP) has requires Federal agencies to consider
determined that potential hazard the potential impact of regulations on
SUMMARY: The Coast Guard is
associated with fireworks from 10 p.m. small entities during rulemaking. The
establishing a temporary safety zone for term ‘‘small entities’’ comprises small
navigable waters within a 700-foot on June 22, 2018 through 11 p.m. on
June 23, 2018 will be a safety concern businesses, not-for-profit organizations
radius of a portion of Lake St. Clair, St. that are independently owned and
Clair Shores, MI. This zone is necessary to anyone within a 700-foot radius of
the launch site. This rule is needed to operated and are not dominant in their
to protect spectators and vessels from fields, and governmental jurisdictions
potential hazards associated with the St. protect personnel, vessels, and the
marine environment in the navigable with populations of less than 50,000.
Clair Shores Fireworks. The Coast Guard certifies under 5 U.S.C.
waters within the safety zone while the
DATES: This temporary final rule is 605(b) that this rule will not have a
fireworks are being displayed.
effective from 10 p.m. on June 22, 2018 significant economic impact on a
through 11 p.m. on June 23, 2018. IV. Discussion of the Rule substantial number of small entities.
ADDRESSES: To view documents This rule establishes a safety zone While some owners or operators of
mentioned in this preamble as being from 10 p.m. on June 22, 2018 through vessels intending to transit the safety
available in the docket, go to http:// 11 p.m. on June 23, 2018. The safety zone may be small entities, for the
www.regulations.gov, type USCG–2018– zone will encompass all U.S. navigable reasons stated in section V.A above, this
0384 in the ‘‘SEARCH’’ box and click waters of Lake St. Clair, St. Clair Shores, rule will not have a significant
‘‘SEARCH.’’ Click on Open Docket MI, within a 700-foot radius of position economic impact on any vessel owner
Folder on the line associated with this 42° 31.6′ N, 082°52.03′ W (NAD 83). No or operator.
rule. vessel or person will be permitted to Under section 213(a) of the Small
FOR FURTHER INFORMATION CONTACT: If enter the safety zone without obtaining Business Regulatory Enforcement
you have questions on this temporary permission from the COTP or a Fairness Act of 1996 (Pub. L. 104–121),
rule, call or email Tracy Girard, designated representative. we want to assist small entities in
Prevention Department, Sector Detroit, understanding this rule. If the rule
V. Regulatory Analyses would affect your small business,
Coast Guard; telephone 313–568–9564,
or email Tracy.M.Girard@uscg.mil. We developed this rule after organization, or governmental
considering numerous statutes and jurisdiction and you have questions
SUPPLEMENTARY INFORMATION:
Executive orders related to rulemaking. concerning its provisions or options for
I. Table of Abbreviations Below we summarize our analyses compliance, please contact the person
CFR Code of Federal Regulations
based on a number of these statutes and listed in the FOR FURTHER INFORMATION
COTP Captain of the Port Detroit Executive orders, and we discuss First CONTACT section.
DHS Department of Homeland Security Amendment rights of protestors. Small businesses may send comments
FR Federal Register on the actions of Federal employees
A. Regulatory Planning and Review who enforce, or otherwise determine
NPRM Notice of Proposed Rulemaking
§ Section Executive Orders 12866 and 13563 compliance with, Federal regulations to
U.S.C. United States Code direct agencies to assess the costs and the Small Business and Agriculture
benefits of available regulatory Regulatory Enforcement Ombudsman
II. Background Information and
alternatives and, if regulation is and the Regional Small Business
Regulatory History
necessary, to select regulatory Regulatory Fairness Boards. The
The Coast Guard is issuing this approaches that maximize net benefits. Ombudsman evaluates these actions
temporary rule without prior notice and Executive Order 13771 directs agencies annually and rates each agency’s
opportunity to comment pursuant to to control regulatory costs through a responsiveness to small business. If you
authority under section 4(a) of the budgeting process. This rule has not wish to comment on actions by
Administrative Procedure Act (APA) (5 been designated a ‘‘significant employees of the Coast Guard, call 1–
U.S.C. 553(b)). This provision regulatory action,’’ under Executive 888–REG–FAIR (1–888–734–3247). The
authorizes an agency to issue a rule Order 12866. Accordingly, this rule has Coast Guard will not retaliate against
sradovich on DSK3GMQ082PROD with RULES
without prior notice and opportunity to not been reviewed by the Office of small entities that question or complain
comment when the agency for good Management and Budget (OMB), and about this rule or any policy or action
cause finds that those procedures are pursuant to OMB guidance it is exempt of the Coast Guard.
‘‘impracticable, unnecessary, or contrary from the requirements of Executive
to the public interest.’’ Under 5 U.S.C. Order 13771. C. Collection of Information
553(b) (B), the Coast Guard finds that This regulatory action determination This rule will not call for a new
good cause exists for not publishing a is based on the size, location, duration, collection of information under the
VerDate Sep<11>2014 15:54 May 18, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.SGM 21MYR1](https://thefederalregister.org/doc/83_FR_23464/page/1.svg)
![Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations 23367
Paperwork Reduction Act of 1995 (44 Record of Environmental Consideration (4) Vessel operators shall contact the
U.S.C. 3501–3520). supporting this determination is COTP or his on-scene representative to
available in the docket where indicated obtain permission to enter or operate
D. Federalism and Indian Tribal
under ADDRESSES. within the safety zone. The COTP or his
Governments
on-scene representative may be
A rule has implications for federalism G. Protest Activities contacted via VHF Channel 16 or at
under Executive Order 13132, The Coast Guard respects the First (313) 568–9464. Vessel operators given
Federalism, if it has a substantial direct Amendment rights of protesters. permission to enter or operate in the
effect on the States, on the relationship Protesters are asked to contact the regulated area must comply with all
between the national government and person listed in the FOR FURTHER directions given to them by the COTP or
the States, or on the distribution of INFORMATION CONTACT section to his on-scene representative.
power and responsibilities among the coordinate protest activities so that your Dated: May 3, 2018.
various levels of government. We have message can be received without Jeffrey W. Novak,
analyzed this rule under that Order and jeopardizing the safety or security of
have determined that it is consistent Captain, U.S. Coast Guard, Captain of the
people, places or vessels. Port Detroit.
with the fundamental federalism
principles and preemption requirements List of Subjects in 33 CFR Part 165 [FR Doc. 2018–10771 Filed 5–18–18; 8:45 am]
described in Executive Order 13132. BILLING CODE 9110–04–P
Harbors, Marine safety, Navigation
Also, this rule does not have tribal (water), Reporting and record keeping
implications under Executive Order requirements, Security measures,
13175, Consultation and Coordination DEPARTMENT OF HOMELAND
Waterways.
with Indian Tribal Governments, SECURITY
For the reasons discussed in the
because it does not have a substantial preamble, the Coast Guard amends 33 Coast Guard
direct effect on one or more Indian CFR part 165 as follows:
tribes, on the relationship between the 33 CFR Part 165
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS [Docket Number USCG–2017–0651]
responsibilities between the Federal RIN 1625–AA00
Government and Indian tribes. If you ■ 1. The authority citation for part 165
believe this rule has implications for continues to read as follows: Safety Zone; Navy Underwater
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Detonation (UNDET) Exercises, GU
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
AGENCY: Coast Guard, DHS.
FURTHER INFORMATION CONTACT section Department of Homeland Security Delegation
above. No. 0170.1. ACTION: Final rule.
E. Unfunded Mandates Reform Act ■ 2. Add § 165.T09–0384 to read as SUMMARY: The Coast Guard is
follows: establishing two recurring safety zones
The Unfunded Mandates Reform Act
§ 165.T09–0384 Safety Zone; St. Clair
for navigable waters of Apra Outer
of 1995 (2 U.S.C. 1531–1538) requires
Shores Fireworks, Lake St. Clair, St. Clair Harbor and Piti, Guam. The safety zones
Federal agencies to assess the effects of
Shores, MI. will encompass sites designated for U.S.
their discretionary regulatory actions. In Navy underwater detonation (UNDET)
particular, the Act addresses actions (a) Location. A safety zone is
established to include all U.S. navigable exercises. The Coast Guard believes this
that may result in the expenditure by a safety zone regulation is necessary to
State, local, or tribal government, in the waters of Lake St. Clair, St. Clair Shores,
protect the public and exercise
aggregate, or by the private sector of MI, within a 700-foot radius of position
participants within the affected area
$100,000,000 (adjusted for inflation) or 42°31.6′ N, 082°52.03′ W (NAD 83).
from possible safety hazards associated
more in any one year. Though this rule (b) Enforcement period. The regulated
with these exercises. These safety zones
will not result in such an expenditure, area described in paragraph (a) will be
will impact a small designated area of
we do discuss the effects of this rule enforced from 10 p.m. until 11 p.m. on
navigable waters in Apra Harbor and
elsewhere in this preamble. June 22, 2018. In the case of inclement
Piti during periods of times, many of
weather on June 22, 2018, this safety
F. Environment which are of short duration, on days
zone will be enforced from 10 p.m. to
requested by the Navy for UNDET
We have analyzed this rule under 11 p.m. on June 23, 2018.
exercises. With the exception of exercise
Department of Homeland Security (c) Regulations. (1) No vessel or
participants, entry of vessels or persons
Directive 023–01 and Commandant person may enter, transit through, or
into the zone is prohibited unless
Instruction M16475.1D, which guide the anchor within the safety zone unless
specifically authorized by the Captain of
Coast Guard in complying with the authorized by the Captain of the Port the Port Guam.
National Environmental Policy Act of Detroit (COTP), or his on-scene
DATES: This rule is effective June 20,
1969 (42 U.S.C. 4321–4370f), and have representative.
determined that this action is one of a (2) The safety zone is closed to all 2018.
category of actions that do not vessel traffic, except as may be ADDRESSES: To view documents
individually or cumulatively have a permitted by the COTP or his on-scene mentioned in this preamble as being
significant effect on the human representative. available in the docket, go to http://
sradovich on DSK3GMQ082PROD with RULES
environment. This rule involves a safety (3) The ‘‘on-scene representative’’ of www.regulations.gov, type USCG–2017–
zone lasting one hour that will prohibit COTP is any Coast Guard 0651 in the ‘‘SEARCH’’ box and click
entry into a designated area. It is commissioned, warrant or petty officer ‘‘SEARCH.’’ Click on Open Docket
categorically excluded from further or a Federal, State, or local law Folder on the line associated with this
review under paragraph L60(a) of enforcement officer designated by or rule.
Appendix A, Table 1 of DHS Instruction assisting the Captain of the Port Detroit FOR FURTHER INFORMATION CONTACT: If
Manual 023–01–001–01, Rev. 01. A to act on his behalf. you have questions on this rule, call or
VerDate Sep<11>2014 15:54 May 18, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.SGM 21MYR1](https://thefederalregister.org/doc/83_FR_23464/page/2.svg)
Document Created: 2018-11-02 11:08:09
Document Modified: 2018-11-02 11:08:09
| 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 10 p.m. on June 22, 2018 through 11 p.m. on June 23, 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 23366 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Record Keeping Requirements; Security Measures and Waterways |
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