83_FR_25479 83 FR 25373 - Safety Zone; Offshore Barrier Test, Lake Huron, North Lakeport, MI

83 FR 25373 - Safety Zone; Offshore Barrier Test, Lake Huron, North Lakeport, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 106 (June 1, 2018)

Page Range25373-25375
FR Document2018-11646

The Coast Guard is establishing a temporary safety zone for navigable waters within a 2000 yard radius of a portion of Lake Huron, MI. This zone is necessary to protect a Coast Guard Cutter and divers operating from the vessel as part of a test of a maritime oil recovery system.

Federal Register, Volume 83 Issue 106 (Friday, June 1, 2018)
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25373-25375]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11646]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0477]
RIN 1625-AA00


Safety Zone; Offshore Barrier Test, Lake Huron, North Lakeport, 
MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 2000 yard radius of a portion of Lake Huron, 
MI. This zone is necessary to protect a Coast Guard Cutter and divers 
operating from the vessel as part of a test of a maritime oil recovery 
system.

DATES: This temporary final rule is effective without actual notice 
from June 1, 2018 through 4 p.m. on June 2, 2018. For the purposes of 
enforcement, actual notice will be used from 7 a.m. May 30, 2018 
through June 1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0477 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 offshore barrier 
test 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 offshore barrier test from 7 a.m. on 
May 30, 2018 through 4 p.m. on June 2, 2018 will be a safety concern to 
anyone within a 2000 yard radius of the site. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the offshore barrier test is being 
conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on May 30 until 4 
p.m. on

[[Page 25374]]

June 2, 2018. The safety zone will encompass all U.S. navigable waters 
of Lake Huron, North Lakeport, MI, within a 2000 yard of position 
43[deg]08.7' N, 082[deg]26.5' 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 Huron from 7 a.m. on May 30, 
2018 through 4 p.m. on June 2, 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 (Public Law 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 4 days 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:


[[Page 25375]]


    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.T09-0477 to read as follows:


Sec.  165.T09-0477  Safety Zone; Offshore Barrier Test, Lake Huron, 
North Lakeport, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of Lake Huron, North Lakeport, MI, within on a 2000 
yard radius of position 43[deg]08.7'' N, 082[deg]26.5'' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced daily from 7 a.m. until 4 p.m. 
from May 30, 2018 until June 2, 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 23, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-11646 Filed 5-31-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations                                         25373

                                                Rev. 01. A Record of Environmental                      the call sign ‘‘PATCOM’’. They may be                 Prevention Department, Sector Detroit,
                                                Consideration is available in the docket                contacted on VHF–FM channel 13 or 16,                 Coast Guard; telephone (313) 568–9564,
                                                where indicated under ADDRESSES.                        or by phone at by telephone at 314–269–               or email Tracy.M.Girard@uscg.mil.
                                                                                                        2332.                                                 SUPPLEMENTARY INFORMATION:
                                                G. Protest Activities
                                                                                                          (2) All persons and vessels permitted
                                                  The Coast Guard respects the First                    to enter this safety zone must transit at             I. Table of Abbreviations
                                                Amendment rights of protesters.                         their slowest safe speed and comply                   CFR Code of Federal Regulations
                                                Protesters are asked to contact the                     with all lawful directions issued by the              COTP Captain of the Port Detroit
                                                person listed in the FOR FURTHER                        COTP or the designated representative.                DHS Department of Homeland Security
                                                INFORMATION CONTACT section to                            (e) Informational broadcasts. The                   FR Federal Register
                                                coordinate protest activities so that your              COTP or a designated representative                   NPRM Notice of Proposed Rulemaking
                                                message can be received without                         will inform the public of the effective               § Section
                                                jeopardizing the safety or security of                                                                        U.S.C. United States Code
                                                                                                        period for the safety zone as well as any
                                                people, places or vessels.                              changes in the dates and times of                     II. Background Information and
                                                List of Subjects in 33 CFR Part 165                     enforcement through Local Notice to                   Regulatory History
                                                                                                        Mariners (LNMs), Broadcast Notices to                    The Coast Guard is issuing this
                                                  Harbors, Marine safety, Navigation                    Mariners (BNMs), and/or Marine Safety
                                                (water), Reporting and recordkeeping                                                                          temporary rule without prior notice and
                                                                                                        Information Bulletins (MSIBs) as                      opportunity to comment pursuant to
                                                requirements, Security measures,                        appropriate.
                                                Waterways.                                                                                                    authority under section 4(a) of the
                                                                                                          Dated: May 24, 2018.                                Administrative Procedure Act (APA) (5
                                                  For the reasons discussed in the
                                                preamble, the Coast Guard amends 33                     S.A. Stoermer,                                        U.S.C. 553(b)). This provision
                                                CFR part 165 as follows:                                Captain, U.S. Coast Guard, Captain of the             authorizes an agency to issue a rule
                                                                                                        Port Sector Upper Mississippi.                        without prior notice and opportunity to
                                                PART 165—REGULATED NAVIGATION                           [FR Doc. 2018–11768 Filed 5–31–18; 8:45 am]           comment when the agency for good
                                                AREAS AND LIMITED ACCESS AREAS                          BILLING CODE 9110–04–P                                cause finds that those procedures are
                                                                                                                                                              ‘‘impracticable, unnecessary, or contrary
                                                ■ 1. The authority citation for part 165                                                                      to the public interest.’’ Under 5 U.S.C.
                                                continues to read as follows:                           DEPARTMENT OF HOMELAND                                553(b) (B), the Coast Guard finds that
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             SECURITY                                              good cause exists for not publishing a
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     notice of proposed rulemaking (NPRM)
                                                Department of Homeland Security Delegation              Coast Guard                                           with respect to this rule because doing
                                                No. 0170.1.                                                                                                   so would be impracticable. The Coast
                                                ■ 2. Add § 165.T08–0379 to read as                      33 CFR Part 165                                       Guard did not receive the final details
                                                follows:                                                [Docket No. USCG–2018–0477]                           of this offshore barrier test in time to
                                                                                                                                                              publish an NPRM. As such, it is
                                                § 165.T08–0379 Safety Zone; Upper                       RIN 1625–AA00                                         impracticable to publish an NPRM
                                                Mississippi River, mile markers 179 to 180,                                                                   because we lack sufficient time to
                                                St. Louis, MO.                                          Safety Zone; Offshore Barrier Test,
                                                                                                                                                              provide a reasonable comment period
                                                  (a) Location. The following area is a                 Lake Huron, North Lakeport, MI
                                                                                                                                                              and then consider those comments
                                                safety zone: all navigable waters of the                AGENCY:    Coast Guard, DHS.                          before issuing the rule.
                                                Upper Mississippi River between mile                                                                             Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                        ACTION:   Temporary final rule.
                                                markers (MMs) 179 to 180, extending                                                                           Guard finds that good cause exists for
                                                the entire width of the river, in St.                   SUMMARY:   The Coast Guard is                         making this rule effective less than 30
                                                Louis, MO.                                              establishing a temporary safety zone for              days after publication in the Federal
                                                   (b) Effective period. This section is                navigable waters within a 2000 yard                   Register. Delaying the effective date of
                                                effective from noon on July 3, 2018                     radius of a portion of Lake Huron, MI.                this rule would inhibit the Coast
                                                through 10:30 p.m. on July 4, 2018.                     This zone is necessary to protect a Coast             Guard’s ability to protect participants,
                                                   (c) Enforcement periods. This section                Guard Cutter and divers operating from                mariners and vessels from the hazards
                                                will be enforced as follows:                            the vessel as part of a test of a maritime            associated with this event.
                                                   (1) On July 3, 2018, from noon                       oil recovery system.
                                                through 2 p.m.; and                                                                                           III. Legal Authority and Need for Rule
                                                                                                        DATES: This temporary final rule is
                                                   (2) On July 4, 2018, from noon                       effective without actual notice from                     The Coast Guard is issuing this rule
                                                through 2 p.m.; from 6:30 p.m. through                  June 1, 2018 through 4 p.m. on June 2,                under authority in 33 U.S.C. 1231. The
                                                8:15 p.m.; and from 8:30 p.m. through                   2018. For the purposes of enforcement,                Captain of the Port Detroit (COTP) has
                                                10:30 p.m.                                              actual notice will be used from 7 a.m.                determined that potential hazard
                                                   (d) Regulations. (1) Under the general               May 30, 2018 through June 1, 2018.                    associated with offshore barrier test
                                                safety zone regulations in § 165.23 of                                                                        from 7 a.m. on May 30, 2018 through 4
                                                                                                        ADDRESSES: To view documents
                                                this part, entry of vessels or persons into                                                                   p.m. on June 2, 2018 will be a safety
                                                this zone is prohibited unless                          mentioned in this preamble as being
                                                                                                                                                              concern to anyone within a 2000 yard
                                                authorized by the Captain of the Port                   available in the docket, go to http://
                                                                                                                                                              radius of the site. This rule is needed to
                                                Sector Upper Mississippi River (COTP)                   www.regulations.gov, type USCG–2018–
                                                                                                                                                              protect personnel, vessels, and the
jstallworth on DSKBBY8HB2PROD with RULES




                                                or a designated representative. A                       0477 in the ‘‘SEARCH’’ box and click
                                                                                                                                                              marine environment in the navigable
                                                designated representative may be a                      ‘‘SEARCH.’’ Click on Open Docket
                                                                                                                                                              waters within the safety zone while the
                                                Patrol Commander (PATCOM). The                          Folder on the line associated with this
                                                                                                                                                              offshore barrier test is being conducted.
                                                PATCOM may be aboard either a Coast                     rule.
                                                Guard or Coast Guard Auxiliary vessel.                  FOR FURTHER INFORMATION CONTACT:  If                  IV. Discussion of the Rule
                                                The PATCOM may be contacted on                          you have questions on this temporary                     This rule establishes a safety zone
                                                Channel 16 VHF–FM (156.8 MHz) by                        rule, call or email Tracy Girard,                     from 7 a.m. on May 30 until 4 p.m. on


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                                                25374                 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations

                                                June 2, 2018. The safety zone will                      zone may be small entities, for the                   federalism or Indian tribes, please
                                                encompass all U.S. navigable waters of                  reasons stated in section V.A above, this             contact the person listed in the FOR
                                                Lake Huron, North Lakeport, MI, within                  rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                                a 2000 yard of position 43°08.7′ N,                     economic impact on any vessel owner                   above.
                                                082°26.5′ W (NAD 83). No vessel or                      or operator.
                                                                                                           Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                person will be permitted to enter the
                                                safety zone without obtaining                           Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                permission from the COTP or a                           Fairness Act of 1996 (Public Law 104–                 of 1995 (2 U.S.C. 1531–1538) requires
                                                designated representative.                              121), we want to assist small entities in             Federal agencies to assess the effects of
                                                                                                        understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                V. Regulatory Analyses                                  would affect your small business,                     particular, the Act addresses actions
                                                  We developed this rule after                          organization, or governmental                         that may result in the expenditure by a
                                                considering numerous statutes and                       jurisdiction and you have questions                   State, local, or tribal government, in the
                                                Executive orders related to rulemaking.                 concerning its provisions or options for              aggregate, or by the private sector of
                                                Below we summarize our analyses                         compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                based on a number of these statutes and                 listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                Executive orders, and we discuss First                  CONTACT section.                                      will not result in such an expenditure,
                                                Amendment rights of protestors.                            Small businesses may send comments                 we do discuss the effects of this rule
                                                                                                        on the actions of Federal employees                   elsewhere in this preamble.
                                                A. Regulatory Planning and Review                       who enforce, or otherwise determine
                                                   Executive Orders 12866 and 13563                     compliance with, Federal regulations to               F. Environment
                                                direct agencies to assess the costs and                 the Small Business and Agriculture                      We have analyzed this rule under
                                                benefits of available regulatory                        Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                alternatives and, if regulation is                      and the Regional Small Business                       Directive 023–01 and Commandant
                                                necessary, to select regulatory                         Regulatory Fairness Boards. The                       Instruction M16475.1D, which guide the
                                                approaches that maximize net benefits.                  Ombudsman evaluates these actions                     Coast Guard in complying with the
                                                Executive Order 13771 directs agencies                  annually and rates each agency’s                      National Environmental Policy Act of
                                                to control regulatory costs through a                   responsiveness to small business. If you              1969 (42 U.S.C. 4321–4370f), and have
                                                budgeting process. This rule has not                    wish to comment on actions by                         determined that this action is one of a
                                                been designated a ‘‘significant                         employees of the Coast Guard, call 1–                 category of actions that do not
                                                regulatory action,’’ under Executive                    888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                                Order 12866. Accordingly, this rule has                 Coast Guard will not retaliate against                significant effect on the human
                                                not been reviewed by the Office of                      small entities that question or complain              environment. This rule involves a safety
                                                Management and Budget (OMB), and                        about this rule or any policy or action               zone lasting 4 days that will prohibit
                                                pursuant to OMB guidance it is exempt                   of the Coast Guard.                                   entry into a designated area. It is
                                                from the requirements of Executive                                                                            categorically excluded from further
                                                Order 13771.                                            C. Collection of Information
                                                                                                                                                              review under paragraph L60(a) of
                                                   This regulatory action determination                   This rule will not call for a new                   Appendix A, Table 1 of DHS Instruction
                                                is based on the size, location, duration,               collection of information under the                   Manual 023–01–001–01, Rev. 01. A
                                                and time-of-year of the safety zone.                    Paperwork Reduction Act of 1995 (44                   Record of Environmental Consideration
                                                Vessel traffic will be able to safely                   U.S.C. 3501–3520).                                    supporting this determination is
                                                transit around this safety zone which                                                                         available in the docket where indicated
                                                                                                        D. Federalism and Indian Tribal
                                                will impact a small designated area of                                                                        under ADDRESSES.
                                                                                                        Governments
                                                Lake Huron from 7 a.m. on May 30,
                                                2018 through 4 p.m. on June 2, 2018.                       A rule has implications for federalism             G. Protest Activities
                                                Moreover, the Coast Guard will issue                    under Executive Order 13132,                            The Coast Guard respects the First
                                                Broadcast Notice to Mariners (BNM) via                  Federalism, if it has a substantial direct            Amendment rights of protesters.
                                                VHF–FM marine channel 16 about the                      effect on the States, on the relationship             Protesters are asked to contact the
                                                zone and the rule allows vessels to seek                between the national government and                   person listed in the FOR FURTHER
                                                permission to enter the zone.                           the States, or on the distribution of                 INFORMATION CONTACT section to
                                                                                                        power and responsibilities among the                  coordinate protest activities so that your
                                                B. Impact on Small Entities                             various levels of government. We have                 message can be received without
                                                   The Regulatory Flexibility Act of                    analyzed this rule under that Order and               jeopardizing the safety or security of
                                                1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 people, places or vessels.
                                                requires Federal agencies to consider                   with the fundamental federalism
                                                the potential impact of regulations on                  principles and preemption requirements                List of Subjects in 33 CFR Part 165
                                                small entities during rulemaking. The                   described in Executive Order 13132.                     Harbors, Marine safety, Navigation
                                                term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               (water), Reporting and record keeping
                                                businesses, not-for-profit organizations                implications under Executive Order                    requirements, Security measures,
                                                that are independently owned and                        13175, Consultation and Coordination                  Waterways.
                                                operated and are not dominant in their                  with Indian Tribal Governments,                         For the reasons discussed in the
                                                fields, and governmental jurisdictions                  because it does not have a substantial                preamble, the Coast Guard amends 33
jstallworth on DSKBBY8HB2PROD with RULES




                                                with populations of less than 50,000.                   direct effect on one or more Indian                   CFR part 165 as follows:
                                                The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the
                                                605(b) that this rule will not have a                   Federal Government and Indian tribes,                 PART 165—REGULATED NAVIGATION
                                                significant economic impact on a                        or on the distribution of power and                   AREAS AND LIMITED ACCESS AREAS
                                                substantial number of small entities.                   responsibilities between the Federal
                                                   While some owners or operators of                    Government and Indian tribes. If you                  ■ 1. The authority citation for part 165
                                                vessels intending to transit the safety                 believe this rule has implications for                continues to read as follows:


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                                                                      Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations                                              25375

                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             SUMMARY:   The U.S. Copyright Office is                  (d) * * *
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               amending its regulation governing the                    (2) * * *
                                                Department of Homeland Security Delegation              deposit of published copies or                           (ix) In the case of published literary
                                                No. 0170.1.
                                                                                                        phonorecords for the Library of                       monographs, the deposit of one
                                                ■ 2. Add § 165.T09–0477 to read as                      Congress to correct an inadvertent error.             complete copy of the best edition of the
                                                follows:                                                                                                      work will suffice in lieu of the two
                                                                                                        DATES: Effective June 1, 2018.
                                                § 165.T09–0477 Safety Zone; Offshore                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              copies required by paragraph (d)(1) of
                                                Barrier Test, Lake Huron, North Lakeport,               Robert J. Kasunic, Associate Register of              this section, unless the Copyright Office
                                                MI.                                                     Copyrights and Director of Registration               issues a demand for a second copy
                                                  (a) Location. A safety zone is                        Policy and Practice, or Erik Bertin,                  pursuant to 17 U.S.C. 407(d).
                                                established to include all U.S. navigable               Deputy Director of Registration Policy                *      *     *     *     *
                                                waters of Lake Huron, North Lakeport,                   and Practice, by telephone at 202–707–                   Dated: May 21, 2018.
                                                MI, within on a 2000 yard radius of                     8040, or by email at rkas@loc.gov and                 Karyn A. Temple,
                                                position 43°08.7″ N, 082°26.5″ W (NAD                   ebertin@loc.gov; or Anna Bonny                        Acting Register of Copyrights and Director
                                                83).                                                    Chauvet, Assistant General Counsel, by                of the U.S. Copyright Office.
                                                  (b) Enforcement period. The regulated                 telephone at 202–707–8350, or by email
                                                area described in paragraph (a) of this                                                                          Approved by:
                                                                                                        at achau@loc.gov.                                     Carla D. Hayden,
                                                section will be enforced daily from 7
                                                a.m. until 4 p.m. from May 30, 2018                     SUPPLEMENTARY INFORMATION: On                         Librarian of Congress.
                                                until June 2, 2018.                                     January 17, 2018, the Office published                [FR Doc. 2018–11841 Filed 5–31–18; 8:45 am]
                                                  (c) Regulations. (1) No vessel or                     a final rule regarding the deposit
                                                                                                                                                              BILLING CODE 1410–30–P
                                                person may enter, transit through, or                   requirements for certain types of literary
                                                anchor within the safety zone unless                    works and musical compositions. 83 FR
                                                authorized by the Captain of the Port                   2371 (Jan. 17, 2018) (‘‘Deposit
                                                                                                        Requirements Final Rule’’). Among                     ENVIRONMENTAL PROTECTION
                                                Detroit (COTP), or his on-scene                                                                               AGENCY
                                                representative.                                         other things, the Deposit Requirements
                                                  (2) The safety zone is closed to all                  Final Rule amended 37 CFR 202.19. On                  40 CFR Part 52
                                                vessel traffic, except as may be                        January 30, 2018, the Office published
                                                permitted by the COTP or his on-scene                   a final rule regarding the group                      [EPA–R05–OAR–2016–0058; FRL–9978–
                                                                                                        registration of newspapers. 83 FR 4144                61—Region 5]
                                                representative.
                                                  (3) The ‘‘on-scene representative’’ of                (Jan. 30, 2018 (‘‘Group Newspaper
                                                                                                                                                              Air Plan Approval; Michigan; Regional
                                                COTP is any Coast Guard                                 Registration Final Rule’’). The Group
                                                                                                                                                              Haze Progress Report
                                                commissioned, warrant or petty officer                  Newspaper Registration Final Rule also
                                                or a Federal, State, or local law                       amended 37 CFR 202.19, but the                        AGENCY:  Environmental Protection
                                                enforcement officer designated by or                    amendments inadvertently eliminated a                 Agency (EPA).
                                                assisting the Captain of the Port Detroit               provision that had been added by the                  ACTION: Final rule.
                                                to act on his behalf.                                   Deposit Requirements Final Rule. The
                                                  (4) Vessel operators shall contact the                Deposit Requirements Final Rule went                  SUMMARY:  The Environmental Protection
                                                COTP or his on-scene representative to                  into effect February 16, 2018. The Group              Agency (EPA) is approving the regional
                                                obtain permission to enter or operate                   Newspaper Registration Final Rule went                haze progress report under the Clean Air
                                                within the safety zone. The COTP or his                 into effect March 1, 2018.                            Act (CAA) as a revision to the Michigan
                                                on-scene representative may be                             Thus, the Copyright Office is                      state implementation plan (SIP).
                                                contacted via VHF Channel 16 or at                      amending 37 CFR 202.19 to correct this                Michigan has satisfied the progress
                                                (313) 568–9464. Vessel operators given                  error.                                                report requirements of the Regional
                                                permission to enter or operate in the                                                                         Haze Rule. Michigan has also provided
                                                regulated area must comply with all                     List of Subjects in 37 CFR Part 202
                                                                                                                                                              a determination of the adequacy of its
                                                directions given to them by the COTP or                     Copyright.                                        regional haze plan with the progress
                                                his on-scene representative.                                                                                  report.
                                                                                                        Final Regulation
                                                  Dated: May 23, 2018.                                                                                        DATES:  This final rule is effective on July
                                                Jeffrey W. Novak,
                                                                                                          For the reasons set forth in the
                                                                                                        preamble, the Copyright Office amends                 2, 2018.
                                                Captain, U.S. Coast Guard, Captain of the                                                                     ADDRESSES: EPA has established a
                                                Port Detroit.
                                                                                                        37 CFR part 202, as follows:
                                                                                                                                                              docket for this action under Docket ID
                                                [FR Doc. 2018–11646 Filed 5–31–18; 8:45 am]             PART 202—PREREGISTRATION AND                          No. EPA–R05–OAR–2016–0058. All
                                                BILLING CODE 9110–04–P                                  REGISTRATION OF CLAIMS TO                             documents in the docket are listed on
                                                                                                        COPYRIGHT                                             the www.regulations.gov website.
                                                                                                                                                              Although listed in the index, some
                                                LIBRARY OF CONGRESS                                     ■ 1. The authority citation for part 202              information is not publicly available,
                                                                                                        continues to read as follows:                         i.e., Confidential Business Information
                                                Copyright Office                                            Authority: 17 U.S.C. 408(f), 702.                 (CBI) or other information whose
                                                                                                        ■ 2. Amend § 202.19 as follows:                       disclosure is restricted by statute.
                                                37 CFR Part 202                                                                                               Certain other material, such as
                                                                                                        ■ a. Redesignate paragraph (d)(2)(ix) as
jstallworth on DSKBBY8HB2PROD with RULES




                                                [Docket No. 2018–5]                                     paragraph (d)(2)(x).                                  copyrighted material, is not placed on
                                                                                                        ■ b. Add a new paragraph (d)(2)(ix) to                the internet and will be publicly
                                                Group Registration of Newspapers                        read as follows:                                      available only in hard copy form.
                                                AGENCY:  U.S. Copyright Office, Library                                                                       Publicly available docket materials are
                                                                                                        § 202.19 Deposit of published copies or               available either through
                                                of Congress.                                            phonorecords for the Library of Congress.             www.regulations.gov or at the
                                                ACTION: Final rule.
                                                                                                        *       *     *      *       *                        Environmental Protection Agency,


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Document Created: 2018-06-01 01:30:01
Document Modified: 2018-06-01 01:30:01
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 without actual notice from June 1, 2018 through 4 p.m. on June 2, 2018. For the purposes of enforcement, actual notice will be used from 7 a.m. May 30, 2018 through June 1, 2018.
ContactIf you have questions on this temporary rule, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone (313) 568-9564, or email [email protected]
FR Citation83 FR 25373 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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