83 FR 29440 - Safety Zone; Port Huron Blue Water Festival Fireworks, St. Clair River, Port Huron, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 122 (June 25, 2018)

Page Range		29440-29442
FR Document		2018-13575

The Coast Guard is establishing a temporary safety zone for navigable waters within a 420-foot radius of a portion of the St. Clair River, Port Huron, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Blue Water Festival Fireworks.

Federal Register, Volume 83 Issue 122 (Monday, June 25, 2018)

[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29440-29442]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13575]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0571]
RIN 1625-AA00


Safety Zone; Port Huron Blue Water Festival Fireworks, St. Clair 
River, Port Huron, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 420-foot radius of a portion of the St. Clair 
River, Port Huron, MI. This zone is necessary to protect spectators and 
vessels from potential hazards associated with the Blue Water Festival 
Fireworks.

DATES: This temporary final rule is effective from 10 p.m. on July 21, 
2018 through 10:30 p.m. on July 22, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0571 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 July 21, 
2018 through 10:30 p.m. on July 22, 2018 will be a safety concern to 
anyone within a 420-foot radius of the launch site. This rule is needed 
to protect personnel, vessels, and the

[[Page 29441]]

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 July 21, 2018 
through 10:30 p.m. on July 22, 2018. The safety zone will encompass all 
U.S. navigable waters of the St. Clair River, Port Huron, MI, within a 
420-foot radius of position 42[deg]58.838' N, 082[deg]25.194' W (NAD 
83). The safety zone will be enforced from 10 p.m. to 10:30 p.m. on 
July 21, 2018. In the case of inclement weather on July 21, 2018, this 
safety zone will be enforced from 10 p.m. to 10:30 p.m. on July 22, 
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. 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 St. Clair River from 10 p.m. on 
July 21, 2018 through 10:30 p.m. on July 22, 2018. Moreover, the Coast 
Guard will issue Broadcast Notice to Mariners (BNM) via VHF-FM marine 
channel 16 about the zone and the rule allows vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

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 less than 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.

[[Page 29442]]

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.T09-0571 to read as follows:


Sec.  165.T09-0571   Safety Zone; Blue Water Festival Fireworks, St. 
Clair River, Port Huron, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the St. Clair River, Port Huron, MI, within a 420-
foot radius of position 42[deg]58.838' N, 082[deg]25.194' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 10 p.m. through 10:30 p.m. on 
July 21, 2018. In the case of inclement weather on July 21, 2018, this 
safety zone will be enforced from 10 p.m. to 10:30 p.m. on July 22, 
2018. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.
    (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: June 18, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-13575 Filed 6-22-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations 29441

marine environment in the navigable small entities during rulemaking. The principles and preemption requirements
waters within the safety zone while the term ‘‘small entities’’ comprises small described in Executive Order 13132.
fireworks are being displayed. businesses, not-for-profit organizations Also, this rule does not have tribal
that are independently owned and implications under Executive Order
IV. Discussion of the Rule
operated and are not dominant in their 13175, Consultation and Coordination
This rule establishes a safety zone fields, and governmental jurisdictions with Indian Tribal Governments,
from 10 p.m. on July 21, 2018 through with populations of less than 50,000. because it does not have a substantial
10:30 p.m. on July 22, 2018. The safety The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian
zone will encompass all U.S. navigable 605(b) that this rule will not have a tribes, on the relationship between the
waters of the St. Clair River, Port Huron, significant economic impact on a Federal Government and Indian tribes,
MI, within a 420-foot radius of position substantial number of small entities. or on the distribution of power and
42°58.838′ N, 082°25.194′ W (NAD 83). While some owners or operators of responsibilities between the Federal
The safety zone will be enforced from vessels intending to transit the safety Government and Indian tribes. If you
10 p.m. to 10:30 p.m. on July 21, 2018. zone may be small entities, for the believe this rule has implications for
In the case of inclement weather on July reasons stated in section V.A above, this federalism or Indian tribes, please
21, 2018, this safety zone will be rule will not have a significant contact the person listed in the FOR
enforced from 10 p.m. to 10:30 p.m. on economic impact on any vessel owner FURTHER INFORMATION CONTACT section
July 22, 2018. No vessel or person will or operator. above.
be permitted to enter the safety zone Under section 213(a) of the Small
without obtaining permission from the E. Unfunded Mandates Reform Act
Business Regulatory Enforcement
COTP or a designated representative. Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act
V. Regulatory Analyses we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires
understanding this rule. If the rule Federal agencies to assess the effects of
We developed this rule after
would affect your small business, their discretionary regulatory actions. In
considering numerous statutes and
organization, or governmental particular, the Act addresses actions
Executive orders related to rulemaking.
jurisdiction and you have questions that may result in the expenditure by a
Below we summarize our analyses
concerning its provisions or options for State, local, or tribal government, in the
based on a number of these statutes and
compliance, please contact the person aggregate, or by the private sector of
Executive orders, and we discuss First
listed in the FOR FURTHER INFORMATION $100,000,000 (adjusted for inflation) or
Amendment rights of protestors.
CONTACT section. more in any one year. Though this rule
A. Regulatory Planning and Review Small businesses may send comments will not result in such an expenditure,
Executive Orders 12866 and 13563 on the actions of Federal employees we do discuss the effects of this rule
direct agencies to assess the costs and who enforce, or otherwise determine elsewhere in this preamble.
benefits of available regulatory compliance with, Federal regulations to F. Environment
alternatives and, if regulation is the Small Business and Agriculture
necessary, to select regulatory Regulatory Enforcement Ombudsman We have analyzed this rule under
approaches that maximize net benefits. and the Regional Small Business Department of Homeland Security
Executive Order 13771 directs agencies Regulatory Fairness Boards. The Directive 023–01 and Commandant
to control regulatory costs through a Ombudsman evaluates these actions Instruction M16475.1D, which guide the
budgeting process. This rule has not annually and rates each agency’s Coast Guard in complying with the
been designated a ‘‘significant responsiveness to small business. If you National Environmental Policy Act of
regulatory action,’’ under Executive wish to comment on actions by 1969 (42 U.S.C. 4321–4370f), and have
Order 12866. Accordingly, this rule has employees of the Coast Guard, call 1– determined that this action is one of a
not been reviewed by the Office of 888–REG–FAIR (1–888–734–3247). The category of actions that do not
Management and Budget (OMB), and Coast Guard will not retaliate against individually or cumulatively have a
pursuant to OMB guidance it is exempt small entities that question or complain significant effect on the human
from the requirements of Executive about this rule or any policy or action environment. This rule involves a safety
Order 13771. of the Coast Guard. zone lasting less than one hour that will
This regulatory action determination prohibit entry into a designated area. It
C. Collection of Information is categorically excluded from further
is based on the size, location, duration,
and time-of-year of the safety zone. This rule will not call for a new review under paragraph L60(a) of
Vessel traffic will be able to safely collection of information under the Appendix A, Table 1 of DHS Instruction
transit around this safety zone which Paperwork Reduction Act of 1995 (44 Manual 023–01–001–01, Rev. 01. A
will impact a small designated area of U.S.C. 3501–3520). Record of Environmental Consideration
the St. Clair River from 10 p.m. on July supporting this determination is
D. Federalism and Indian Tribal
21, 2018 through 10:30 p.m. on July 22, available in the docket where indicated
Governments
2018. Moreover, the Coast Guard will under ADDRESSES.
issue Broadcast Notice to Mariners A rule has implications for federalism
G. Protest Activities
(BNM) via VHF–FM marine channel 16 under Executive Order 13132,
about the zone and the rule allows Federalism, if it has a substantial direct The Coast Guard respects the First
vessels to seek permission to enter the effect on the States, on the relationship Amendment rights of protesters.
zone. between the national government and Protesters are asked to contact the
amozie on DSK3GDR082PROD with RULES

the States, or on the distribution of person listed in the FOR FURTHER
B. Impact on Small Entities power and responsibilities among the INFORMATION CONTACT section to
The Regulatory Flexibility Act of various levels of government. We have coordinate protest activities so that your
1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and message can be received without
requires Federal agencies to consider have determined that it is consistent jeopardizing the safety or security of
the potential impact of regulations on with the fundamental federalism people, places or vessels.

VerDate Sep<11>2014 16:14 Jun 22, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\25JNR1.SGM 25JNR1

Document Created: 2018-06-23 02:29:38
Document Modified: 2018-06-23 02:29:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This temporary final rule is effective from 10 p.m. on July 21, 2018 through 10:30 p.m. on July 22, 2018.
Contact		If you have questions on this temporary rule, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-9564, or email [email protected]
FR Citation		83 FR 29440
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 29440 - Safety Zone; Port Huron Blue Water Festival Fireworks, St. Clair River, Port Huron, MI

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 122 (June 25, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard