83 FR 29442 - Safety Zone; Roar on the River, Trenton Channel, Trenton, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range		29442-29444
FR Document		2018-13569

The Coast Guard is establishing a temporary safety zone for navigable waters within a 350-foot radius of a portion of the Trenton Channel, Trenton, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Roar on the River 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 29442-29444]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13569]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0569]
RIN 1625-AA00


Safety Zone; Roar on the River, Trenton Channel, Trenton, 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 350-foot radius of a portion of the Trenton 
Channel, Trenton, MI. This zone is necessary to protect spectators and 
vessels from potential hazards associated with the Roar on the River 
Fireworks.

DATES: This temporary final rule is effective from 10 p.m. on July 21, 
2018 through 11 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-
2018-0569 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the final details of this fireworks display 
in time to publish an NPRM. As such, it is impracticable to publish an 
NPRM because we lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazard associated with fireworks from 10 p.m. on July 21, 
2018 through 11 p.m. on July 22, 2018 will be a safety concern to 
anyone within a 350-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 July 21, 2018 
through 11 p.m. on July 22, 2018. The safety zone will encompass all 
U.S. navigable waters of the Trenton Channel, Trenton, MI, within a 
350-foot radius of position 42[deg]07.5' N, 083[deg]10.45' W (NAD 83). 
The safety zone will be enforced from 10 p.m. to 11 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 11 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.

[[Page 29443]]

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 Trenton Channel from 10 p.m. on 
July 21, 2018 through 11 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 enforced for 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.T09-0569 to read as follows:


Sec.  165.T09-0569  Safety Zone; Roar on the River Fireworks, Trenton 
Channel, Trenton, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the Trenton Channel, Trenton, MI, within a 350-foot 
radius of position 42[deg]07.5' N, 083[deg]10.45' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 10 p.m. to 11 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 11 p.m. on July 22, 2018.
    (c) Regulations. (1) No vessel or person may enter, transit 
through, or anchor within the safety zone unless

[[Page 29444]]

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. 2018-13569 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 29443

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 enforced for one hour that will
from the requirements of Executive of the Coast Guard. prohibit entry into a designated area. It
Order 13771. is 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 Trenton Channel from 10 p.m. on D. Federalism and Indian Tribal
Governments under ADDRESSES.
July 21, 2018 through 11 p.m. on July
22, 2018. Moreover, the Coast Guard A rule has implications for federalism G. Protest Activities
will 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.T09–0569 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.T09–0569 Safety Zone; Roar on the
we want to assist small entities in Federal agencies to assess the effects of River Fireworks, Trenton Channel, Trenton,
understanding this rule. If the rule their discretionary regulatory actions. In 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 Trenton Channel, Trenton,
concerning its provisions or options for aggregate, or by the private sector of MI, within a 350-foot radius of position
compliance, please contact the person $100,000,000 (adjusted for inflation) or 42°07.5′ N, 083°10.45′ 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. to
on the actions of Federal employees elsewhere in this preamble. 11 p.m. on July 21, 2018. In the case of
amozie on DSK3GDR082PROD with RULES

who enforce, or otherwise determine inclement weather on July 21, 2018, this
compliance with, Federal regulations to F. Environment safety zone will be enforced from 10
the Small Business and Agriculture We have analyzed this rule under p.m. to 11 p.m. on July 22, 2018.
Regulatory Enforcement Ombudsman Department of Homeland Security (c) Regulations. (1) No vessel or
and the Regional Small Business Directive 023–01 and Commandant person may enter, transit through, or
Regulatory Fairness Boards. The Instruction M16475.1D, which guide the anchor within the safety zone unless

VerDate Sep<11>2014 16:14 Jun 22, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\25JNR1.SGM 25JNR1

Document Created: 2018-06-23 02:29:03
Document Modified: 2018-06-23 02:29:03

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 11 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 29442
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 29442 - Safety Zone; Roar on the River, Trenton Channel, Trenton, MI

DEPARTMENT OF HOMELAND SECURITYCoast Guard

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

DEPARTMENT OF HOMELAND SECURITY
Coast Guard