83_FR_27824 83 FR 27709 - Safety Zone; Grosse Ile Yacht Club Fireworks, Detroit River, Grosse Ile, MI

83 FR 27709 - Safety Zone; Grosse Ile Yacht Club Fireworks, Detroit River, Grosse Ile, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 115 (June 14, 2018)

Page Range27709-27711
FR Document2018-12756

The Coast Guard is establishing a temporary safety zone for navigable waters within a 280-foot radius of a portion of the Detroit River, Grosse Ile, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Grosse Ile Fireworks.

Federal Register, Volume 83 Issue 115 (Thursday, June 14, 2018)
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Rules and Regulations]
[Pages 27709-27711]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12756]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0511]
RIN 1625-AA00


Safety Zone; Grosse Ile Yacht Club Fireworks, Detroit River, 
Grosse Ile, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 280-foot radius of a portion of the Detroit 
River, Grosse Ile, MI. This zone is necessary to protect spectators and 
vessels from potential hazards associated with the Grosse Ile 
Fireworks.

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

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0511 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Tracy Girard, Prevention Department, 
Sector Detroit, Coast Guard; telephone 313-568-9564, or email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the final details of this fireworks display 
in time to publish an NPRM. As such, it is impracticable to publish an 
NPRM because we lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would inhibit the Coast Guard's ability to protect 
participants, mariners and vessels from the hazards associated with 
this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazard associated with fireworks from 10 p.m. on June 30, 
2018 through 11 p.m. on July 1, 2018 will be a safety concern to anyone 
within a 280-foot radius of the launch site. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the fireworks are being displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. on June 30 through 
11 p.m. on July 1, 2018. The safety zone will encompass all U.S. 
navigable waters of Detroit River, Grosse Ile, MI, within a 280-foot 
radius of position 42[deg]05.390' N, 083[deg]09.065' W (NAD 83). The 
safety zone will be enforced from 10 p.m. to 11 p.m. on June 30, 2018. 
In the case of inclement weather on June 30, 2018, this safety zone 
will be enforced from 10 p.m. to 11 p.m. on July 1, 2018. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits.

[[Page 27710]]

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 the Detroit River from 10 p.m. on 
June 30, 2018 through 11 p.m. on July 1, 2018. Moreover, the Coast 
Guard will issue Broadcast Notice to Mariners (BNM) via VHF-FM marine 
channel 16 about the zone and the rule allows vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0511 to read as follows:


Sec.  165.T09-0511   Safety Zone; Grosse Ile Yacht Club Fireworks, 
Detroit River, Grosse Ile, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the Detroit River, Grosse Ile, MI, within a 280-
foot radius of position 42[deg]05.390' N, 082[deg]09.065' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 10 p.m. through 11:30 p.m. on 
June 30, 2018. In the case of inclement weather on June 30, 2018, this 
safety zone will be enforced from 10 p.m. to 11 p.m. on July 1, 2018.
    (c) Regulations. (1) No vessel or person may enter, transit 
through, or

[[Page 27711]]

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: June 6, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-12756 Filed 6-13-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations                                         27709

                                               For the reasons discussed in the                      DEPARTMENT OF HOMELAND                                 with respect to this rule because doing
                                             preamble, the Coast Guard amends 33                     SECURITY                                               so would be impracticable. The Coast
                                             CFR part 165 as follows:                                                                                       Guard did not receive the final details
                                                                                                     Coast Guard                                            of this fireworks display in time to
                                             PART 165—REGULATED NAVIGATION                                                                                  publish an NPRM. As such, it is
                                             AREAS AND LIMITED ACCESS AREAS                          33 CFR Part 165                                        impracticable to publish an NPRM
                                                                                                     [Docket No. USCG–2018–0511]                            because we lack sufficient time to
                                             ■ 1. The authority citation for part 165                                                                       provide a reasonable comment period
                                             continues to read as follows:                           RIN 1625–AA00                                          and then consider those comments
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                    before issuing the rule.
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Safety Zone; Grosse Ile Yacht Club                       Under 5 U.S.C. 553(d)(3), the Coast
                                             Department of Homeland Security Delegation              Fireworks, Detroit River, Grosse Ile, MI               Guard finds that good cause exists for
                                             No. 0170.1.                                                                                                    making this rule effective less than 30
                                                                                                     AGENCY:    Coast Guard, DHS.
                                             ■ 2. Add § 165.T09–0528 to read as                                                                             days after publication in the Federal
                                                                                                     ACTION:   Temporary final rule.                        Register. Delaying the effective date of
                                             follows:
                                                                                                     SUMMARY:    The Coast Guard is                         this rule would inhibit the Coast
                                             § 165.T09–0528 Safety Zone; Hope Chest                                                                         Guard’s ability to protect participants,
                                             Buffalo Niagara Dragon Boat Festival,                   establishing a temporary safety zone for
                                                                                                     navigable waters within a 280-foot                     mariners and vessels from the hazards
                                             Buffalo River, Buffalo, NY.
                                                                                                     radius of a portion of the Detroit River,              associated with this event.
                                               (a) Location. The safety zone will
                                             encompass all waters of the Buffalo                     Grosse Ile, MI. This zone is necessary to              III. Legal Authority and Need for Rule
                                             River, Buffalo, NY starting at position                 protect spectators and vessels from
                                                                                                                                                               The Coast Guard is issuing this rule
                                             42°52′12.60″ N, 078°52′17.0″ W then                     potential hazards associated with the
                                                                                                                                                            under authority in 33 U.S.C. 1231. The
                                             Southeast to 42°52′03.0″ N, 078°52′12.0″                Grosse Ile Fireworks.
                                                                                                                                                            Captain of the Port Detroit (COTP) has
                                             W then East to 42°52′03.0″ N,                           DATES: This temporary final rule is                    determined that potential hazard
                                             078°52′10.0″ W then Northwest to                        effective from 10 p.m. on June 30, 2018                associated with fireworks from 10 p.m.
                                             42°52′13.0″ N, 078°52′16.0″ W then                      through 11 p.m. on July 1, 2018.                       on June 30, 2018 through 11 p.m. on
                                             returning to the point of origin.                       ADDRESSES: To view documents                           July 1, 2018 will be a safety concern to
                                               (b) Enforcement period. This                          mentioned in this preamble as being                    anyone within a 280-foot radius of the
                                             regulation will be enforced from 8:00                   available in the docket, go to http://                 launch site. This rule is needed to
                                             a.m. until 5:30 p.m. on June 16, 2018.                  www.regulations.gov, type USCG–2018–                   protect personnel, vessels, and the
                                               (c) Regulations. (1) In accordance with               0511 in the ‘‘SEARCH’’ box and click                   marine environment in the navigable
                                             the general regulations in § 165.23, entry              ‘‘SEARCH.’’ Click on Open Docket                       waters within the safety zone while the
                                             into, transiting, or anchoring within this              Folder on the line associated with this                fireworks are being displayed.
                                             safety zone is prohibited unless                        rule.
                                             authorized by the Captain of the Port                                                                          IV. Discussion of the Rule
                                                                                                     FOR FURTHER INFORMATION CONTACT: If
                                             Buffalo or his designated on-scene                      you have questions on this temporary                      This rule establishes a safety zone
                                             representative.                                         rule, call or email Tracy Girard,                      from 10 p.m. on June 30 through 11 p.m.
                                               (2) This safety zone is closed to all                 Prevention Department, Sector Detroit,                 on July 1, 2018. The safety zone will
                                             vessel traffic, except as may be                        Coast Guard; telephone 313–568–9564,                   encompass all U.S. navigable waters of
                                             permitted by the Captain of the Port                    or email Tracy.M.Girard@uscg.mil.                      Detroit River, Grosse Ile, MI, within a
                                             Buffalo or his designated on-scene                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                            280-foot radius of position 42°05.390′ N,
                                             representative.                                                                                                083°09.065′ W (NAD 83). The safety
                                               (3) The ‘‘on-scene representative’’ of                I. Table of Abbreviations                              zone will be enforced from 10 p.m. to
                                             the Captain of the Port Buffalo is any                  CFR Code of Federal Regulations                        11 p.m. on June 30, 2018. In the case of
                                             Coast Guard commissioned, warrant or                    COTP Captain of the Port Detroit                       inclement weather on June 30, 2018,
                                             petty officer who has been designated                   DHS Department of Homeland Security                    this safety zone will be enforced from 10
                                             by the Captain of the Port Buffalo to act               FR Federal Register                                    p.m. to 11 p.m. on July 1, 2018. No
                                             on his behalf.                                          NPRM Notice of Proposed Rulemaking                     vessel or person will be permitted to
                                               (4) Vessel operators desiring to enter                § Section                                              enter the safety zone without obtaining
                                             or operate within the safety zone must                  U.S.C. United States Code                              permission from the COTP or a
                                             contact the Captain of the Port Buffalo                 II. Background Information and                         designated representative.
                                             or his on-scene representative to obtain                Regulatory History                                     V. Regulatory Analyses
                                             permission to do so. The Captain of the
                                             Port Buffalo or his on-scene                               The Coast Guard is issuing this                       We developed this rule after
                                             representative may be contacted via                     temporary rule without prior notice and                considering numerous statutes and
                                             VHF Channel 16. Vessel operators given                  opportunity to comment pursuant to                     Executive orders related to rulemaking.
                                             permission to enter or operate in the                   authority under section 4(a) of the                    Below we summarize our analyses
                                             safety zone must comply with all                        Administrative Procedure Act (APA)                     based on a number of these statutes and
                                             directions given to them by the Captain                 (5 U.S.C. 553(b)). This provision                      Executive orders, and we discuss First
                                             of the Port Buffalo, or his on-scene                    authorizes an agency to issue a rule                   Amendment rights of protestors.
                                             representative.                                         without prior notice and opportunity to
                                                                                                     comment when the agency for good                       A. Regulatory Planning and Review
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                                               Dated: June 8, 2018.                                  cause finds that those procedures are                     Executive Orders 12866 and 13563
                                             Kenneth E. Blair,                                       ‘‘impracticable, unnecessary, or contrary              direct agencies to assess the costs and
                                             Commander, U.S. Coast Guard, Acting                     to the public interest.’’ Under 5 U.S.C.               benefits of available regulatory
                                             Captain of the Port Buffalo.                            553(b)(B), the Coast Guard finds that                  alternatives and, if regulation is
                                             [FR Doc. 2018–12763 Filed 6–13–18; 8:45 am]             good cause exists for not publishing a                 necessary, to select regulatory
                                             BILLING CODE 9110–04–P                                  notice of proposed rulemaking (NPRM)                   approaches that maximize net benefits.


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                                             27710              Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations

                                             Executive Order 13771 directs agencies                  Ombudsman evaluates these actions                      Coast Guard in complying with the
                                             to control regulatory costs through a                   annually and rates each agency’s                       National Environmental Policy Act of
                                             budgeting process. This rule has not                    responsiveness to small business. If you               1969 (42 U.S.C. 4321–4370f), and have
                                             been designated a ‘‘significant                         wish to comment on actions by                          determined that this action is one of a
                                             regulatory action,’’ under Executive                    employees of the Coast Guard, call 1–                  category of actions that do not
                                             Order 12866. Accordingly, this rule has                 888–REG–FAIR (1–888–734–3247). The                     individually or cumulatively have a
                                             not been reviewed by the Office of                      Coast Guard will not retaliate against                 significant effect on the human
                                             Management and Budget (OMB), and                        small entities that question or complain               environment. This rule involves a safety
                                             pursuant to OMB guidance it is exempt                   about this rule or any policy or action                zone lasting one hour that will prohibit
                                             from the requirements of Executive                      of the Coast Guard.                                    entry into a designated area. It is
                                             Order 13771.                                                                                                   categorically excluded from further
                                                This regulatory action determination                 C. Collection of Information
                                                                                                                                                            review under paragraph L60(a) of
                                             is based on the size, location, duration,                 This rule will not call for a new                    Appendix A, Table 1 of DHS Instruction
                                             and time-of-year of the safety zone.                    collection of information under the                    Manual 023–01–001–01, Rev. 01. A
                                             Vessel traffic will be able to safely                   Paperwork Reduction Act of 1995 (44                    Record of Environmental Consideration
                                             transit around this safety zone which                   U.S.C. 3501–3520).                                     supporting this determination is
                                             will impact a small designated area of                                                                         available in the docket where indicated
                                             the Detroit River from 10 p.m. on June                  D. Federalism and Indian Tribal
                                                                                                     Governments                                            under ADDRESSES.
                                             30, 2018 through 11 p.m. on July 1,
                                             2018. Moreover, the Coast Guard will                       A rule has implications for federalism              G. Protest Activities
                                             issue Broadcast Notice to Mariners                      under Executive Order 13132,                             The Coast Guard respects the First
                                             (BNM) via VHF–FM marine channel 16                      Federalism, if it has a substantial direct             Amendment rights of protesters.
                                             about the zone and the rule allows                      effect on the States, on the relationship              Protesters are asked to contact the
                                             vessels to seek permission to enter the                 between the national government and                    person listed in the FOR FURTHER
                                             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 recordkeeping
                                             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
                                             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:
                                             zone may be small entities, for the                     federalism or Indian tribes, please                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             reasons stated in section V.A above, this               contact the person listed in the FOR                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section                    Department of Homeland Security Delegation
                                             economic impact on any vessel owner                     above.                                                 No. 0170.1.
                                             or operator.                                                                                                   ■ 2. Add § 165.T09–0511 to read as
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                            follows:
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                  § 165.T09–0511 Safety Zone; Grosse Ile
                                             we want to assist small entities in                     Federal agencies to assess the effects of              Yacht Club Fireworks, Detroit River, Grosse
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In             Ile, MI.
                                             would affect your small business,                       particular, the Act addresses actions                     (a) Location. A safety zone is
                                             organization, or governmental                           that may result in the expenditure by a                established to include all U.S. navigable
                                             jurisdiction and you have questions                     State, local, or tribal government, in the             waters of the Detroit River, Grosse Ile,
                                             concerning its provisions or options for                aggregate, or by the private sector of                 MI, within a 280-foot radius of position
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or               42°05.390′ N, 082°09.065′ W (NAD 83).
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                    (b) Enforcement period. The regulated
                                             CONTACT section.                                        will not result in such an expenditure,                area described in paragraph (a) of this
                                                Small businesses may send comments                   we do discuss the effects of this rule                 section will be enforced from 10 p.m.
                                             on the actions of Federal employees
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     elsewhere in this preamble.                            through 11:30 p.m. on June 30, 2018. In
                                             who enforce, or otherwise determine                                                                            the case of inclement weather on June
                                             compliance with, Federal regulations to                 F. Environment                                         30, 2018, this safety zone will be
                                             the Small Business and Agriculture                        We have analyzed this rule under                     enforced from 10 p.m. to 11 p.m. on July
                                             Regulatory Enforcement Ombudsman                        Department of Homeland Security                        1, 2018.
                                             and the Regional Small Business                         Directive 023–01 and Commandant                           (c) Regulations. (1) No vessel or
                                             Regulatory Fairness Boards. The                         Instruction M16475.1D, which guide the                 person may enter, transit through, or


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                                                                Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations                                         27711

                                             anchor within the safety zone unless                    provided in 40 CFR part 178 (see also                  C. How can I file an objection or hearing
                                             authorized by the Captain of the Port                   Unit I.C. of the SUPPLEMENTARY                         request?
                                             Detroit (COTP), or his on-scene                         INFORMATION).
                                                                                                                                                              Under FFDCA section 408(g), 21
                                             representative.                                                                                                U.S.C. 346a(g), any person may file an
                                               (2) The safety zone is closed to all                  ADDRESSES:    The docket for this action,
                                                                                                     identified by docket identification (ID)               objection to any aspect of this regulation
                                             vessel traffic, except as may be                                                                               and may also request a hearing on those
                                             permitted by the COTP or his on-scene                   number EPA–HQ–OPP–2017–0565, is
                                                                                                     available at http://www.regulations.gov                objections. You must file your objection
                                             representative.                                                                                                or request a hearing on this regulation
                                               (3) The ‘‘on-scene representative’’ of                or at the Office of Pesticide Programs
                                                                                                     Regulatory Public Docket (OPP Docket)                  in accordance with the instructions
                                             COTP is any Coast Guard
                                                                                                     in the Environmental Protection Agency                 provided in 40 CFR part 178. To ensure
                                             commissioned, warrant or petty officer
                                                                                                     Docket Center (EPA/DC), West William                   proper receipt by EPA, you must
                                             or a Federal, State, or local law
                                                                                                     Jefferson Clinton Bldg., Rm. 3334, 1301                identify docket ID number EPA–HQ–
                                             enforcement officer designated by or
                                                                                                     Constitution Ave. NW, Washington, DC                   OPP–2017–0565 in the subject line on
                                             assisting the Captain of the Port Detroit
                                                                                                     20460–0001. The Public Reading Room                    the first page of your submission. All
                                             to act on his behalf.
                                                                                                     is open from 8:30 a.m. to 4:30 p.m.,                   objections and requests for a hearing
                                               (4) Vessel operators shall contact the
                                                                                                     Monday through Friday, excluding legal                 must be in writing, and must be
                                             COTP or his on-scene representative to
                                                                                                     holidays. The telephone number for the                 received by the Hearing Clerk on or
                                             obtain permission to enter or operate
                                                                                                     Public Reading Room is (202) 566–1744,                 before August 13, 2018. Addresses for
                                             within the safety zone. The COTP or his
                                                                                                     and the telephone number for the OPP                   mail and hand delivery of objections
                                             on-scene representative may be
                                                                                                     Docket is (703) 305–5805. Please review                and hearing requests are provided in 40
                                             contacted via VHF Channel 16 or at
                                                                                                     the visitor instructions and additional                CFR 178.25(b).
                                             (313) 568–9464. Vessel operators given
                                                                                                     information about the docket available                   In addition to filing an objection or
                                             permission to enter or operate in the
                                                                                                     at http://www.epa.gov/dockets.                         hearing request with the Hearing Clerk
                                             regulated area must comply with all
                                                                                                                                                            as described in 40 CFR part 178, please
                                             directions given to them by the COTP or                 FOR FURTHER INFORMATION CONTACT:                       submit a copy of the filing (excluding
                                             his on-scene representative.                            Robert McNally, Biopesticides and                      any Confidential Business Information
                                               Dated: June 6, 2018.                                  Pollution Prevention Division (7511P),                 (CBI)) for inclusion in the public docket.
                                             Jeffrey W. Novak,                                       Office of Pesticide Programs,                          Information not marked confidential
                                             Captain, U.S. Coast Guard, Captain of the               Environmental Protection Agency, 1200                  pursuant to 40 CFR part 2 may be
                                             Port Detroit.                                           Pennsylvania Ave. NW, Washington, DC                   disclosed publicly by EPA without prior
                                             [FR Doc. 2018–12756 Filed 6–13–18; 8:45 am]             20460–0001; main telephone number:                     notice. Submit the non-CBI copy of your
                                             BILLING CODE 9110–04–P                                  (703) 305–7090; email address:                         objection or hearing request, identified
                                                                                                     BPPDFRNotices@epa.gov.                                 by docket ID number EPA–HQ–OPP–
                                                                                                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                            2017–0565, by one of the following
                                             ENVIRONMENTAL PROTECTION                                                                                       methods:
                                             AGENCY                                                  I. General Information                                   • Federal eRulemaking Portal: http://
                                                                                                                                                            www.regulations.gov. Follow the online
                                                                                                     A. Does this Action apply to me?                       instructions for submitting comments.
                                             40 CFR Part 180
                                                                                                        You may be potentially affected by                  Do not submit electronically any
                                             [EPA–HQ–OPP–2017–0565; FRL–9977–75]
                                                                                                     this action if you are an agricultural                 information you consider to be CBI or
                                             Extract of Swinglea glutinosa;                          producer, food manufacturer, or                        other information whose disclosure is
                                             Exemption From the Requirement of a                     pesticide manufacturer. The following                  restricted by statute.
                                             Tolerance                                               list of North American Industrial                        • Mail: OPP Docket, Environmental
                                                                                                     Classification System (NAICS) codes is                 Protection Agency Docket Center (EPA/
                                             AGENCY:  Environmental Protection                                                                              DC), (28221T), 1200 Pennsylvania Ave.
                                                                                                     not intended to be exhaustive, but rather
                                             Agency (EPA).                                                                                                  NW, Washington, DC 20460–0001.
                                                                                                     provides a guide to help readers
                                             ACTION: Final rule.                                     determine whether this document                          • Hand Delivery: To make special
                                                                                                     applies to them. Potentially affected                  arrangements for hand delivery or
                                             SUMMARY:   This regulation establishes an                                                                      delivery of boxed information, please
                                             exemption from the requirement of a                     entities may include:
                                                                                                                                                            follow the instructions at http://
                                             tolerance for Extract of Swinglea                          • Crop production (NAICS code 111).                 www.epa.gov/dockets/contacts.html.
                                             glutinosa in or on all food commodities                    • Animal production (NAICS code                     Additional instructions on commenting
                                             when used in accordance with label                      112).                                                  or visiting the docket, along with more
                                             directions and good agricultural                                                                               information about dockets generally, is
                                             practices. Gowan Company LLC                               • Food manufacturing (NAICS code
                                                                                                     311).                                                  available at http://www.epa.gov/
                                             submitted a petition to EPA under the                                                                          dockets.
                                             Federal Food, Drug, and Cosmetic Act                       • Pesticide manufacturing (NAICS
                                             (FFDCA) requesting an exemption from                    code 32532).                                           II. Background
                                             the requirement of a tolerance. This                                                                              In the Federal Register of January 26,
                                                                                                     B. How can I get electronic access to
                                             regulation eliminates the need to                                                                              2018 (83 FR 3658) (FRL–9971–46), EPA
                                                                                                     other related information?
                                             establish a maximum permissible level                                                                          issued a document pursuant to FFDCA
                                             for residues of Extract of Swinglea                       You may access a frequently updated                  section 408(d)(3), 21 U.S.C. 346a(d)(3),
daltland on DSKBBV9HB2PROD with RULES




                                             glutinosa under FFDCA.                                  electronic version of 40 CFR part 180                  announcing the filing of a pesticide
                                             DATES: This regulation is effective June                through the Government Printing                        tolerance petition (PP 6F8504) by
                                             14, 2018. Objections and requests for                   Office’s e-CFR site at http://                         Gowan Company LLC, P.O. Box 5569,
                                             hearings must be received on or before                  www.ecfr.gov/cgi-bin/text-                             Yuma, AZ 85366–5569. The petition
                                             August 13, 2018, and must be filed in                   idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                   requested that 40 CFR 180 be amended
                                             accordance with the instructions                        40tab_02.tpl.                                          by establishing an exemption from the


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Document Created: 2018-06-14 01:38:42
Document Modified: 2018-06-14 01:38:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 10 p.m. on June 30, 2018 through 11 p.m. on July 1, 2018.
ContactIf you have questions on this temporary rule, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-9564, or email [email protected]
FR Citation83 FR 27709 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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