83_FR_23467 83 FR 23369 - Safety Zone; Bay-Rama Fish Fly Festival, Lake St. Clair, New Baltimore, MI

83 FR 23369 - Safety Zone; Bay-Rama Fish Fly Festival, Lake St. Clair, New Baltimore, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range23369-23371
FR Document2018-10750

The Coast Guard is establishing a temporary safety zone for navigable waters within a 900-foot radius of a portion of Lake St. Clair, New Baltimore, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Bay-Rama Fish Fly Festival 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 23369-23371]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10750]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0425]
RIN 1625-AA00


Safety Zone; Bay-Rama Fish Fly Festival, Lake St. Clair, New 
Baltimore, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 900-foot radius of a portion of Lake St. 
Clair, New Baltimore, MI. This zone is necessary to protect spectators 
and vessels from potential hazards associated with the Bay-Rama Fish 
Fly Festival Fireworks.

DATES: This temporary final rule is effective from 10 p.m. on June 21, 
2018 through 11 p.m. on June 22, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0425 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: 

[[Page 23370]]

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 21, 
2018 through 11 p.m. on June 22, 2018 will be a safety concern to 
anyone within a 900-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 21, 2018 
through 11 p.m. on June 22, 2018. The safety zone will be enforced from 
10 p.m. through 11 p.m. on June 21, 2018. In the case of inclement 
weather on June 21, 2018, this safety zone will be enforced from 10 
p.m. to 11 p.m. on June 22, 2018. The safety zone will encompass all 
U.S. navigable waters of Lake St. Clair, New Baltimore, MI, within a 
900-foot radius of position 42[deg]40.600' N, 082[deg]43.990' 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 10 p.m. on June 
21, 2018 through 11 p.m. on June 22, 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.

[[Page 23371]]

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:

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.T09-0425 to read as follows:


Sec.  165.T09-0425   Safety Zone; Bay-Rama Fish Fly Festival Fireworks, 
Lake St. Clair, New Baltimore, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the Lake St. Clair, New Baltimore, MI, within a 
900-foot radius of position 42[deg]40.600' N, 082[deg]43.990' 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 21, 2018. In 
the case of inclement weather on June 21, 2018, this safety zone will 
be enforced from 10 p.m. until 11 p.m. on June 22, 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 14, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-10750 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                                                 23369

                                              Paperwork Reduction Act of 1995 (44                     700 yard radius above and below the                   contained in § 165.23 apply. With the
                                              U.S.C. 3501–3520).                                      surface for the Piti UNDET site. It is                exception of exercise participants, no
                                                                                                      categorically excluded from further                   vessels may enter or transit safety zones
                                              D. Federalism and Indian Tribal
                                                                                                      review under paragraph L[37] of                       in paragraph (a)(1) of this section and no
                                              Governments
                                                                                                      Appendix A, Table 1 of DHS Instruction                persons in the water may enter or transit
                                                 A rule has implications for federalism               Manual 023–01–001–01, Rev. 01. A                      the safety zone in paragraph (a)(2) of
                                              under Executive Order 13132,                            Record of Environmental Consideration                 this section unless authorized by the
                                              Federalism, if it has a substantial direct              supporting this determination is                      COTP or a designated representative
                                              effect on the States, on the relationship               available in the docket where indicated               thereof.
                                              between the national government and                     under ADDRESSES.                                        (d) Enforcement. Any Coast Guard
                                              the States, or on the distribution of                                                                         commissioned, warrant, or petty officer,
                                              power and responsibilities among the                    G. Protest Activities
                                                                                                                                                            and any other COTP representative
                                              various levels of government. We have                     The Coast Guard respects the First                  permitted by law, may enforce these
                                              analyzed this rule under that Order and                 Amendment rights of protesters.                       safety zones.
                                              have determined that it is consistent                   Protesters are asked to contact the
                                              with the fundamental federalism                                                                                 Dated: April 27, 2018.
                                                                                                      person listed in the FOR FURTHER
                                              principles and preemption requirements                  INFORMATION CONTACT section to
                                                                                                                                                            Christopher M. Chase,
                                              described in Executive Order 13132.                     coordinate protest activities so that your            Captain, U.S. Coast Guard, Captain of the
                                                 Also, this rule does not have tribal                 message can be received without                       Port, Guam.
                                              implications under Executive Order                      jeopardizing the safety or security of                [FR Doc. 2018–10823 Filed 5–18–18; 8:45 am]
                                              13175, Consultation and Coordination                    people, places or vessels.                            BILLING CODE 9110–04–P
                                              with Indian Tribal Governments,
                                              because it does not have a substantial                  List of Subjects in 33 CFR Part 165
                                              direct effect on one or more Indian                       Harbors, Marine safety, Navigation                  DEPARTMENT OF HOMELAND
                                              tribes, on the relationship between the                 (water), Reporting and recordkeeping                  SECURITY
                                              Federal Government and Indian tribes,                   requirements, Security measures,
                                              or on the distribution of power and                     Waterways.                                            Coast Guard
                                              responsibilities between the Federal                      For the reasons discussed in the
                                              Government and Indian tribes. If you                                                                          33 CFR Part 165
                                                                                                      preamble, the Coast Guard amends 33
                                              believe this rule has implications for                  CFR part 165 as follows:
                                              federalism or Indian tribes, please                                                                           [Docket No. USCG–2018–0425]
                                              contact the person listed in the FOR                    PART 165—REGULATED NAVIGATION
                                              FURTHER INFORMATION CONTACT section.                    AREAS AND LIMITED ACCESS AREAS                        RIN 1625–AA00
                                              E. Unfunded Mandates Reform Act                         ■ 1. The authority citation for part 165              Safety Zone; Bay-Rama Fish Fly
                                                The Unfunded Mandates Reform Act                      continues to read as follows:                         Festival, Lake St. Clair, New Baltimore,
                                              of 1995 (2 U.S.C. 1531–1538) requires                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191,           MI
                                              Federal agencies to assess the effects of               195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
                                              their discretionary regulatory actions. In              160.5; Department of Homeland Security                AGENCY:    Coast Guard, DHS.
                                              particular, the Act addresses actions                   Delegation No. 0170.1.                                ACTION:   Temporary final rule.
                                              that may result in the expenditure by a
                                                                                                      ■   2. Add § 165.1402 to read as follows:             SUMMARY:    The Coast Guard is
                                              State, local, or tribal government, in the
                                              aggregate, or by the private sector of                  § 165.1402 Safety Zone; Navy Underwater               establishing a temporary safety zone for
                                              $100,000,000 (adjusted for inflation) or                Detonation (UNDET) Exercises, GU.                     navigable waters within a 900-foot
                                              more in any one year. Though this rule                    (a) Location. The following areas,                  radius of a portion of Lake St. Clair,
                                              will not result in such an expenditure,                 within the Guam Captain of the Port                   New Baltimore, MI. This zone is
                                              we do discuss the effects of this rule                  (COTP) Zone (See 33 CFR 3.70–15),                     necessary to protect spectators and
                                              elsewhere in this preamble.                             from the surface of the water to the                  vessels from potential hazards
                                                                                                      ocean floor, are safety zones:                        associated with the Bay-Rama Fish Fly
                                              F. Environment                                                                                                Festival Fireworks.
                                                                                                        (1) Apra Outer Harbor, Guam. All
                                                We have analyzed this rule under                      waters above and below the surface                    DATES: This temporary final rule is
                                              Department of Homeland Security                         bounded by a circle with a 700 yard                   effective from 10 p.m. on June 21, 2018
                                              Directive 023–01 and Commandant                         radius centered at 13 degrees 27                      through 11 p.m. on June 22, 2018.
                                              Instruction M16475.1D, which guide the                  minutes 42 seconds North Latitude and                 ADDRESSES: To view documents
                                              Coast Guard in complying with the                       144 degrees 38 minutes 30 seconds East                mentioned in this preamble as being
                                              National Environmental Policy Act of                    Longitude, (NAD 1983).                                available in the docket, go to http://
                                              1969 (42 U.S.C. 4321–4370f), and have                      (2) Piti, Guam. All waters above and               www.regulations.gov, type USCG–2018–
                                              determined that this action is one of a                 below the surface bounded by a circle                 0425 in the ‘‘SEARCH’’ box and click
                                              category of actions that do not                         with a 700 yard radius centered at 13                 ‘‘SEARCH.’’ Click on Open Docket
                                              individually or cumulatively have a                     degrees 29 minutes 03 seconds North                   Folder on the line associated with this
                                              significant effect on the human                         Latitude and 144 degrees 40 minutes 03                rule.
                                              environment. This rule involves                         seconds East Longitude, (NAD 1983).
sradovich on DSK3GMQ082PROD with RULES




                                              establishing two recurring safety zones                    (b) Enforcement periods. This section              FOR FURTHER INFORMATION CONTACT: If
                                              for periods of time, many of which are                  will be enforced for designated periods               you have questions on this temporary
                                              of short duration, on days requested by                 of time, many of which are of short                   rule, call or email Tracy Girard,
                                              the Navy for UNDET exercises that will                  duration, on days requested by the Navy               Prevention Department, Sector Detroit,
                                              prohibit entry within 700 yards radius                  for purpose of UNDET exercises.                       Coast Guard; telephone 313–568–9564,
                                              above and below the surface for the                        (c) Regulations. The general                       or email Tracy.M.Girard@uscg.mil.
                                              Apra Outer Harbor UNDET site and a                      regulations governing safety zones                    SUPPLEMENTARY INFORMATION:



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                                              23370               Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations

                                              I. Table of Abbreviations                               permission from the COTP or a                         Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                      designated representative.                            we want to assist small entities in
                                              CFR Code of Federal Regulations                                                                               understanding this rule. If the rule
                                              COTP Captain of the Port Detroit                        V. Regulatory Analyses
                                                                                                                                                            would affect your small business,
                                              DHS Department of Homeland Security                       We developed this rule after
                                              FR Federal Register
                                                                                                                                                            organization, or governmental
                                                                                                      considering numerous statutes and                     jurisdiction and you have questions
                                              NPRM Notice of Proposed Rulemaking
                                                                                                      Executive orders related to rulemaking.               concerning its provisions or options for
                                              § Section
                                              U.S.C. United States Code                               Below we summarize our analyses                       compliance, please contact the person
                                                                                                      based on a number of these statutes and               listed in the FOR FURTHER INFORMATION
                                              II. Background Information and                          Executive orders, and we discuss First                CONTACT section.
                                              Regulatory History                                      Amendment rights of protestors.
                                                                                                                                                               Small businesses may send comments
                                                 The Coast Guard is issuing this                      A. Regulatory Planning and Review                     on the actions of Federal employees
                                              temporary rule without prior notice and                    Executive Orders 12866 and 13563                   who enforce, or otherwise determine
                                              opportunity to comment pursuant to                      direct agencies to assess the costs and               compliance with, Federal regulations to
                                              authority under section 4(a) of the                     benefits of available regulatory                      the Small Business and Agriculture
                                              Administrative Procedure Act (APA) (5                   alternatives and, if regulation is                    Regulatory Enforcement Ombudsman
                                              U.S.C. 553(b)). This provision                          necessary, to select regulatory                       and the Regional Small Business
                                              authorizes an agency to issue a rule                    approaches that maximize net benefits.                Regulatory Fairness Boards. The
                                              without prior notice and opportunity to                 Executive Order 13771 directs agencies                Ombudsman evaluates these actions
                                              comment when the agency for good                        to control regulatory costs through a                 annually and rates each agency’s
                                              cause finds that those procedures are                   budgeting process. This rule has not                  responsiveness to small business. If you
                                              ‘‘impracticable, unnecessary, or contrary               been designated a ‘‘significant                       wish to comment on actions by
                                              to the public interest.’’ Under 5 U.S.C.                regulatory action,’’ under Executive                  employees of the Coast Guard, call 1–
                                              553(b)(B), the Coast Guard finds that                   Order 12866. Accordingly, this rule has
                                              good cause exists for not publishing a                                                                        888–REG–FAIR (1–888–734–3247). The
                                                                                                      not been reviewed by the Office of                    Coast Guard will not retaliate against
                                              notice of proposed rulemaking (NPRM)                    Management and Budget (OMB), and
                                              with respect to this rule because doing                                                                       small entities that question or complain
                                                                                                      pursuant to OMB guidance it is exempt                 about this rule or any policy or action
                                              so would be impracticable. The Coast                    from the requirements of Executive
                                              Guard did not receive the final details                                                                       of the Coast Guard.
                                                                                                      Order 13771.
                                              of this fireworks display in time to                       This regulatory action determination               C. Collection of Information
                                              publish an NPRM. As such, it is                         is based on the size, location, duration,
                                              impracticable to publish an NPRM                        and time-of-year of the safety zone.                    This rule will not call for a new
                                              because we lack sufficient time to                      Vessel traffic will be able to safely                 collection of information under the
                                              provide a reasonable comment period                     transit around this safety zone which                 Paperwork Reduction Act of 1995 (44
                                              and then consider those comments                        will impact a small designated area of                U.S.C. 3501–3520).
                                              before issuing the rule.                                Lake St. Clair from 10 p.m. on June 21,               D. Federalism and Indian Tribal
                                              III. Legal Authority and Need for Rule                  2018 through 11 p.m. on June 22, 2018.                Governments
                                                                                                      Moreover, the Coast Guard will issue
                                                 The Coast Guard is issuing this rule                 Broadcast Notice to Mariners (BNM) via                   A rule has implications for federalism
                                              under authority in 33 U.S.C. 1231. The                  VHF–FM marine channel 16 about the                    under Executive Order 13132,
                                              Captain of the Port Detroit (COTP) has                  zone and the rule allows vessels to seek              Federalism, if it has a substantial direct
                                              determined that potential hazard                        permission to enter the zone.                         effect on the States, on the relationship
                                              associated with fireworks from 10 p.m.                                                                        between the national government and
                                              on June 21, 2018 through 11 p.m. on                     B. Impact on Small Entities
                                                                                                                                                            the States, or on the distribution of
                                              June 22, 2018 will be a safety concern                     The Regulatory Flexibility Act of                  power and responsibilities among the
                                              to anyone within a 900-foot radius of                   1980, 5 U.S.C. 601–612, as amended,                   various levels of government. We have
                                              the launch site. This rule is needed to                 requires Federal agencies to consider                 analyzed this rule under that Order and
                                              protect personnel, vessels, and the                     the potential impact of regulations on                have determined that it is consistent
                                              marine environment in the navigable                     small entities during rulemaking. The                 with the fundamental federalism
                                              waters within the safety zone while the                 term ‘‘small entities’’ comprises small               principles and preemption requirements
                                              fireworks are being displayed.                          businesses, not-for-profit organizations              described in Executive Order 13132.
                                              IV. Discussion of the Rule                              that are independently owned and
                                                                                                      operated and are not dominant in their                   Also, this rule does not have tribal
                                                 This rule establishes a safety zone                  fields, and governmental jurisdictions                implications under Executive Order
                                              from 10 p.m. on June 21, 2018 through                   with populations of less than 50,000.                 13175, Consultation and Coordination
                                              11 p.m. on June 22, 2018. The safety                    The Coast Guard certifies under 5 U.S.C.              with Indian Tribal Governments,
                                              zone will be enforced from 10 p.m.                      605(b) that this rule will not have a                 because it does not have a substantial
                                              through 11 p.m. on June 21, 2018. In the                significant economic impact on a                      direct effect on one or more Indian
                                              case of inclement weather on June 21,                   substantial number of small entities.                 tribes, on the relationship between the
                                              2018, this safety zone will be enforced                    While some owners or operators of                  Federal Government and Indian tribes,
                                              from 10 p.m. to 11 p.m. on June 22,                     vessels intending to transit the safety               or on the distribution of power and
sradovich on DSK3GMQ082PROD with RULES




                                              2018. The safety zone will encompass                    zone may be small entities, for the                   responsibilities between the Federal
                                              all U.S. navigable waters of Lake St.                   reasons stated in section V.A above, this             Government and Indian tribes. If you
                                              Clair, New Baltimore, MI, within a 900-                 rule will not have a significant                      believe this rule has implications for
                                              foot radius of position 42°40.600′ N,                   economic impact on any vessel owner                   federalism or Indian tribes, please
                                              082°43.990′ W (NAD 83). No vessel or                    or operator.                                          contact the person listed in the FOR
                                              person will be permitted to enter the                      Under section 213(a) of the Small                  FURTHER INFORMATION CONTACT section
                                              safety zone without obtaining                           Business Regulatory Enforcement                       above.


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                                                                  Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations                                          23371

                                              E. Unfunded Mandates Reform Act                         ■ 2. Add § 165.T09–0425 to read as                    SUMMARY:    The Coast Guard will enforce
                                                                                                      follows:                                              the Navy Pier Southeast Safety Zone
                                                The Unfunded Mandates Reform Act
                                                                                                                                                            within the Chicago Harbor during
                                              of 1995 (2 U.S.C. 1531–1538) requires                   § 165.T09–0425 Safety Zone; Bay-Rama                  specified times from May 26, 2018
                                              Federal agencies to assess the effects of               Fish Fly Festival Fireworks, Lake St. Clair,
                                                                                                      New Baltimore, MI.                                    through January 1, 2019. This action is
                                              their discretionary regulatory actions. In
                                                                                                                                                            necessary and intended to ensure the
                                              particular, the Act addresses actions                      (a) Location. A safety zone is
                                                                                                                                                            safety of life and property on navigable
                                              that may result in the expenditure by a                 established to include all U.S. navigable
                                                                                                                                                            waters prior to, during, and immediately
                                              State, local, or tribal government, in the              waters of the Lake St. Clair, New
                                                                                                                                                            after firework displays. During the
                                              aggregate, or by the private sector of                  Baltimore, MI, within a 900-foot radius
                                                                                                                                                            enforcement periods listed below, entry
                                              $100,000,000 (adjusted for inflation) or                of position 42°40.600′ N, 082°43.990′ W
                                                                                                                                                            into, transiting, or anchoring within the
                                              more in any one year. Though this rule                  (NAD 83).
                                                                                                         (b) Enforcement period. The regulated              safety zone is prohibited unless
                                              will not result in such an expenditure,                                                                       authorized by the Captain of the Port
                                              we do discuss the effects of this rule                  area described in paragraph (a) will be
                                                                                                      enforced from 10 p.m. until 11 p.m. on                Lake Michigan or a designated
                                              elsewhere in this preamble.                                                                                   representative.
                                                                                                      June 21, 2018. In the case of inclement
                                              F. Environment                                          weather on June 21, 2018, this safety                 DATES: The regulation in 33 CFR
                                                We have analyzed this rule under                      zone will be enforced from 10 p.m. until              165.931 will be enforced at the times
                                              Department of Homeland Security                         11 p.m. on June 22, 2018.                             specified below in SUPPLEMENTARY
                                              Directive 023–01 and Commandant                            (c) Regulations.                                   INFORMATION between May 26, 2018
                                              Instruction M16475.1D, which guide the                     (1) No vessel or person may enter,                 through January 1, 2019.
                                              Coast Guard in complying with the                       transit through, or anchor within the                 FOR FURTHER INFORMATION CONTACT: If
                                              National Environmental Policy Act of                    safety zone unless authorized by the                  you have questions about this notice of
                                              1969 (42 U.S.C. 4321–4370f), and have                   Captain of the Port Detroit (COTP), or                enforcement, call or email LT John
                                              determined that this action is one of a                 his on-scene representative.                          Ramos, Waterways Management
                                              category of actions that do not                            (2) The safety zone is closed to all               Division, Marine Safety Unit Chicago,
                                              individually or cumulatively have a                     vessel traffic, except as may be                      U.S. Coast Guard; telephone (630) 986–
                                              significant effect on the human                         permitted by the COTP or his on-scene                 2155, email D09-DG-MSUChicago-
                                              environment. This rule involves a safety                representative.                                       Waterways@uscg.mil.
                                                                                                         (3) The ‘‘on-scene representative’’ of             SUPPLEMENTARY INFORMATION: The Coast
                                              zone that will be enforced for one hour
                                                                                                      COTP is any Coast Guard                               Guard will enforce Safety Zone; Chicago
                                              and will prohibit entry into a designated
                                                                                                      commissioned, warrant or petty officer                Harbor, Navy Pier Southeast, Chicago,
                                              area. It is categorically excluded from
                                                                                                      or a Federal, State, or local law                     IL listed in 33 CFR 165.931, on May 26,
                                              further review under paragraph L60(a)
                                                                                                      enforcement officer designated by or                  2018 from 10:15 p.m. until 10:30 p.m.;
                                              of Appendix A, Table 1 of DHS                           assisting the Captain of the Port Detroit
                                              Instruction Manual 023–01–001–01,                                                                             Weekly events will occur each Saturday
                                                                                                      to act on his behalf.
                                              Rev. 01. A Record of Environmental                                                                            starting May 26, 2018 through
                                                                                                         (4) Vessel operators shall contact the
                                              Consideration supporting this                                                                                 September 1, 2018 from 10 p.m. until
                                                                                                      COTP or his on-scene representative to
                                              determination is available in the docket                                                                      10:30 p.m.; and each Wednesday
                                                                                                      obtain permission to enter or operate
                                              where indicated under ADDRESSES.                                                                              starting May 30, 2018 through August
                                                                                                      within the safety zone. The COTP or his
                                                                                                                                                            29, 2018 from 9:30 p.m. until 9:45 p.m.
                                              G. Protest Activities                                   on-scene representative may be
                                                                                                                                                            Additionally, this safety zone will also
                                                                                                      contacted via VHF Channel 16 or at
                                                The Coast Guard respects the First                                                                          be enforced on July 4, 2018 from 9:30
                                                                                                      (313) 568–9464. Vessel operators given
                                              Amendment rights of protesters.                                                                               p.m. until 10 p.m., on September 2,
                                                                                                      permission to enter or operate in the
                                              Protesters are asked to contact the                                                                           2018 from 9:30 p.m. until 9:45 p.m., on
                                                                                                      regulated area must comply with all
                                              person listed in the FOR FURTHER                                                                              December 1, 2018 from 9:30 p.m. until
                                                                                                      directions given to them by the COTP or
                                              INFORMATION CONTACT section to                                                                                9:45 p.m., and on December 31, 2018
                                                                                                      his on-scene representative.
                                              coordinate protest activities so that your                                                                    from 11:45 p.m. until 12:30 a.m. on
                                              message can be received without                           Dated: May 14, 2018.                                January 1, 2019. This safety zone
                                              jeopardizing the safety or security of                  Jeffrey W. Novak,                                     encompasses all waters of Lake
                                              people, places or vessels.                              Captain, U.S. Coast Guard, Captain of the             Michigan within Chicago Harbor
                                                                                                      Port Detroit.                                         bounded by coordinates beginning at
                                              List of Subjects in 33 CFR Part 165                     [FR Doc. 2018–10750 Filed 5–18–18; 8:45 am]           41°53′26.5″ N, 087°35′26.5″ W; then
                                                Harbors, Marine safety, Navigation                    BILLING CODE 9110–04–P                                south to 41°53′7.6″ N, 087°35′26.3″ W;
                                              (water), Reporting and recordkeeping                                                                          then west to 41°53′7.6″ N, 087°36′23.2″
                                              requirements, Security measures,                                                                              W; then north to 41°53′26.5″ N,
                                              Waterways.                                              DEPARTMENT OF HOMELAND                                087°36′24.6″ W; then east back to the
                                                                                                      SECURITY                                              point of origin (NAD 83). Entry into,
                                                For the reasons discussed in the
                                              preamble, the Coast Guard amends 33                                                                           transiting, or anchoring within the
                                                                                                      Coast Guard                                           safety zone is prohibited unless
                                              CFR part 165 as follows:
                                                                                                                                                            authorized by the Captain of the Port
                                                                                                      33 CFR Part 165                                       Lake Michigan or a designated on-scene
                                              PART 165—REGULATED NAVIGATION
                                              AREAS AND LIMITED ACCESS AREAS                          [Docket No. USCG–2018–0335]                           representative.
sradovich on DSK3GMQ082PROD with RULES




                                                                                                                                                               This notice of enforcement is issued
                                              ■ 1. The authority citation for part 165                Safety Zone; Chicago Harbor, Navy                     under authority of 33 CFR 165.931 and
                                              continues to read as follows:                           Pier Southeast, Chicago, IL                           5 U.S.C. 552(a). In addition to this
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             AGENCY:  Coast Guard, DHS.                            notice in the Federal Register, the Coast
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     Guard will provide the maritime
                                                                                                      ACTION: Notice of enforcement of
                                              Department of Homeland Security Delegation                                                                    community with advance notification of
                                                                                                      regulation.
                                              No. 0170.1.                                                                                                   the above-specified enforcement periods


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Document Created: 2018-11-02 11:08:03
Document Modified: 2018-11-02 11:08:03
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 21, 2018 through 11 p.m. on June 22, 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 23369 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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