83_FR_33264 83 FR 33127 - Safety Zone; Yankee Air Museum's Fundraiser Air Demonstration, Lake St. Clair, Grosse Pointe Farms, MI

83 FR 33127 - Safety Zone; Yankee Air Museum's Fundraiser Air Demonstration, Lake St. Clair, Grosse Pointe Farms, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 137 (July 17, 2018)

Page Range33127-33129
FR Document2018-15182

The Coast Guard is establishing a temporary safety zone for navigable waters in the vicinity of Grosse Pointe Farms, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Yankee Air Museum's Fundraiser Air Demonstration.

Federal Register, Volume 83 Issue 137 (Tuesday, July 17, 2018)
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33127-33129]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15182]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0690]
RIN 1625-AA00


Safety Zone; Yankee Air Museum's Fundraiser Air Demonstration, 
Lake St. Clair, Grosse Pointe Farms, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters in the vicinity of Grosse Pointe Farms, MI. This zone 
is necessary to protect spectators and vessels from potential hazards 
associated with the Yankee Air Museum's Fundraiser Air Demonstration.

DATES: This temporary final rule is effective from 8 p.m. until 8:30 
p.m. July 18, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0690 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

[[Page 33128]]

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 air demonstration 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 an 
aircraft aerial display proximate to a gathering of watercraft poses a 
significant risk to public safety and property. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the air demonstration is being 
displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 p.m. through 8:30 p.m. 
July 18, 2018. The safety zone will encompass all U.S. navigable waters 
of Lake St. Clair with in the following corner points: Northeast 
corner, 42[deg]24.670' N, 082[deg]51.594' W, Northwest corner 
42[deg]24.671' N, 082[deg]51.368' W, Southeast corner 42[deg]24.034' N, 
082[deg]51.857' W, Southwest corner 42[deg]24.023' N, 082[deg]51.626' W 
(NAD 83). No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Lake St. Clair for no more than 
thirty minutes. 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

[[Page 33129]]

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 
thirty minutes that will prohibit entry into a designated area. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    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.T09-0690 to read as follows:


Sec.  165.T09-0690  Yankee Air Museum's Fundraiser Air Demonstration, 
Lake St. Clair, Grosse Pointe Farms, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of Lake St. Clair within the following corner points: 
Northeast corner, 42[deg]24.670' N, 082[deg]51.594' W, Northwest corner 
42[deg]24.671' N, 082[deg]51.368' W, Southeast corner 42[deg]24.034' N, 
082[deg]51.857' W, Southwest corner 42[deg]24.023' N, 082[deg]51.626' W 
(NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) will be enforced 8 p.m. through 8:30 p.m. on July 18, 2018.
    (c) Regulations. (1) No vessel or person may enter, transit 
through, or anchor within the safety zone unless authorized by the 
Captain of the Port Detroit (COTP), or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State, or local 
law enforcement officer designated by or assisting the Captain of the 
Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the COTP or his on-scene 
representative to obtain permission to enter or operate within the 
safety zone. The COTP or his on-scene representative may be contacted 
via VHF Channel 16 or at 313-568-9464. Vessel operators given 
permission to enter or operate in the regulated area must comply with 
all directions given to them by the COTP or his on-scene 
representative.

    Dated: July 11, 2018.
Kevin D. Floyd,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2018-15182 Filed 7-16-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations                                         33127

                                             E. Unfunded Mandates Reform Act                          § 100.T09–0673 Special Local Regulation;              DEPARTMENT OF HOMELAND
                                                                                                      2018 Detroit Hydrofest, Detroit River,                SECURITY
                                               The Unfunded Mandates Reform Act                       Detroit, MI.
                                             of 1995 (2 U.S.C. 1531–1538) requires                                                                          Coast Guard
                                             Federal agencies to assess the effects of                  (a) Location. The special local
                                             their discretionary regulatory actions. In               regulation will encompass all U.S.
                                                                                                                                                            33 CFR Part 165
                                             particular, the Act addresses actions                    waters of the Detroit River in Scott
                                             that may result in the expenditure by a                  Middle Ground, north of Belle Isle,                   [Docket No. USCG–2018–0690]
                                             State, local, or tribal government, in the               Michigan, starting at positions                       RIN 1625–AA00
                                             aggregate, or by the private sector of                   42°20.506′ N 083°00.016′ W on the
                                             $100,000,000 (adjusted for inflation) or                 Douglas MacArthur Bridge; extending                   Safety Zone; Yankee Air Museum’s
                                             more in any one year. Though this rule                   east to the Belle Isle Crib Light at                  Fundraiser Air Demonstration, Lake St.
                                             will not result in such an expenditure,                  42°21.205′ N 082°57.996′ W (NAD 83).                  Clair, Grosse Pointe Farms, MI
                                             we do discuss the effects of this rule                     (b) Enforcement period. A temporary                 AGENCY:    Coast Guard, DHS.
                                             elsewhere in this preamble.                              special local is in effect from 7 a.m. on             ACTION:   Temporary final rule.
                                             F. Environment                                           August 24, 2018 until 7 p.m. August 26,
                                                                                                      2018. The regulation will be enforced                 SUMMARY:   The Coast Guard is
                                               We have analyzed this rule under                       from 12 p.m. until 7 p.m. on August 24,               establishing a temporary safety zone for
                                             Department of Homeland Security                          2018, and from 7 a.m. until 7 p.m. on                 navigable waters in the vicinity of
                                             Directive 023–01 and Commandant                          August 25 and August 26, 2018.                        Grosse Pointe Farms, MI. This zone is
                                             Instruction M16475.1D, which guide the                                                                         necessary to protect spectators and
                                             Coast Guard in complying with the                          (c) Regulations. (1) No vessels or
                                                                                                                                                            vessels from potential hazards
                                             National Environmental Policy Act of                     person may enter, transit through, or
                                                                                                                                                            associated with the Yankee Air
                                             1969 (42 U.S.C. 4321–4370f), and have                    anchor within the regulated navigation
                                                                                                                                                            Museum’s Fundraiser Air
                                             determined that this action is one of a                  area unless authorized by the Captain of              Demonstration.
                                             category of actions that do not                          the Port Detroit, or his on-scene
                                             individually or cumulatively have a                      representative.                                       DATES:  This temporary final rule is
                                             significant effect on the human                                                                                effective from 8 p.m. until 8:30 p.m. July
                                                                                                         (2) The regulated area is closed to all            18, 2018.
                                             environment. This rule involves a                        vessel traffic, except as may be
                                             special local regulation lasting 3 days                                                                        ADDRESSES: To view documents
                                                                                                      permitted by the Captain of the Port
                                             that will prohibit entry into a designated                                                                     mentioned in this preamble as being
                                                                                                      Detroit or his on-scene representative.
                                             area. It is categorically excluded from                                                                        available in the docket, go to http://
                                             further review under paragraph L[61] of                     (3) The ‘‘on-scene representative’’ of             www.regulations.gov, type USCG–2018–
                                             Appendix A, Table 1 of DHS Instruction                   the Captain of the Port Detroit is any                0690 in the ‘‘SEARCH’’ box and click
                                             Manual 023–01–001–01, Rev. 01. A                         Coast Guard commissioned, warrant or                  ‘‘SEARCH.’’ Click on Open Docket
                                             Record of Environmental Consideration                    petty officer or a Federal, State, or local           Folder on the line associated with this
                                             supporting this determination is                         law enforcement officer designated by                 rule.
                                             available in the docket where indicated                  or assisting the Captain of the Port                  FOR FURTHER INFORMATION CONTACT: If
                                             under ADDRESSES.                                         Detroit to act on his behalf.                         you have questions on this temporary
                                             G. Protest Activities                                       (4) Vessel operators shall contact the             rule, call or email Tracy Girard,
                                                                                                      Captain of the Port Detroit or his on-                Prevention Department, Sector Detroit,
                                               The Coast Guard respects the First                     scene representative to obtain                        Coast Guard; telephone 313–568–9564,
                                             Amendment rights of protesters.                          permission to enter or operate within                 or email Tracy.M.Girard@uscg.mil.
                                             Protesters are asked to contact the                      the regulated area. The Captain of the                SUPPLEMENTARY INFORMATION:
                                             person listed in the FOR FURTHER                         Port Detroit or his on-scene
                                             INFORMATION CONTACT section to
                                                                                                                                                            I. Table of Abbreviations
                                                                                                      representative may be contacted via
                                             coordinate protest activities so that your               VHF Channel 16 or at (313) 568–9560.                  CFR Code of Federal Regulations
                                             message can be received without                                                                                COTP Captain of the Port Detroit
                                                                                                      Vessel operators given permission to                  DHS Department of Homeland Security
                                             jeopardizing the safety or security of
                                                                                                      enter or operate in the regulated area                FR Federal Register
                                             people, places or vessels.
                                                                                                      must comply with all directions given to              NPRM Notice of proposed rulemaking
                                             List of Subjects in 33 CFR Part 100                      them by the Captain of the Port Detroit               § Section
                                                                                                      or his on-scene representative.                       U.S.C. United States Code
                                               Marine safety, Navigation (water),
                                             Reporting and record keeping                               Dated: July 10, 2018.                               II. Background Information and
                                             requirements, Waterways.                                 Kevin D. Floyd,                                       Regulatory History
                                               For the reasons discussed in the                       Commander, U.S. Coast Guard, Acting                      The Coast Guard is issuing this
                                             preamble, the Coast Guard amends 33                      Captain of the Port Detroit.                          temporary rule without prior notice and
                                             CFR part 100 as follows:                                 [FR Doc. 2018–15159 Filed 7–16–18; 8:45 am]           opportunity to comment pursuant to
                                                                                                      BILLING CODE 9110–04–P                                authority under section 4(a) of the
                                             PART 100—SAFETY OF LIFE ON                                                                                     Administrative Procedure Act (APA) (5
                                             NAVIGABLE WATERS                                                                                               U.S.C. 553(b)). This provision
                                                                                                                                                            authorizes an agency to issue a rule
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                                             ■ 1. The authority citation for part 100                                                                       without prior notice and opportunity to
                                             continues to read as follows:                                                                                  comment when the agency for good
                                                 Authority: 33 U.S.C. 1233.                                                                                 cause finds that those procedures are
                                                                                                                                                            ‘‘impracticable, unnecessary, or contrary
                                             ■ 2. Add § 100.T09–0673 to read as                                                                             to the public interest.’’ Under 5 U.S.C.
                                             follows:                                                                                                       553(b)(B), the Coast Guard finds that


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                                             33128               Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations

                                             good cause exists for not publishing a                   Executive Order 13771 directs agencies                annually and rates each agency’s
                                             notice of proposed rulemaking (NPRM)                     to control regulatory costs through a                 responsiveness to small business. If you
                                             with respect to this rule because doing                  budgeting process. This rule has not                  wish to comment on actions by
                                             so would be impracticable. The Coast                     been designated a ‘‘significant                       employees of the Coast Guard, call 1–
                                             Guard did not receive the final details                  regulatory action,’’ under Executive                  888–REG–FAIR (1–888–734–3247). The
                                             of this air demonstration in time to                     Order 12866. Accordingly, this rule has               Coast Guard will not retaliate against
                                             publish an NPRM. As such, it is                          not been reviewed by the Office of                    small entities that question or complain
                                             impracticable to publish an NPRM                         Management and Budget (OMB), and                      about this rule or any policy or action
                                             because we lack sufficient time to                       pursuant to OMB guidance it is exempt                 of the Coast Guard.
                                             provide a reasonable comment period                      from the requirements of Executive
                                                                                                      Order 13771.                                          C. Collection of Information
                                             and then consider those comments
                                             before issuing the rule.                                    This regulatory action determination                 This rule will not call for a new
                                               Under 5 U.S.C. 553(d)(3), the Coast                    is based on the size, location, duration,             collection of information under the
                                             Guard finds that good cause exists for                   and time-of-year of the safety zone.                  Paperwork Reduction Act of 1995 (44
                                             making this rule effective less than 30                  Vessel traffic will be able to safely                 U.S.C. 3501–3520).
                                             days after publication in the Federal                    transit around this safety zone which
                                                                                                      will impact a small designated area of                D. Federalism and Indian Tribal
                                             Register. Delaying the effective date of                                                                       Governments
                                             this rule would inhibit the Coast                        Lake St. Clair for no more than thirty
                                             Guard’s ability to protect participants,                 minutes. Moreover, the Coast Guard will                  A rule has implications for federalism
                                             mariners and vessels from the hazards                    issue Broadcast Notice to Mariners                    under Executive Order 13132,
                                             associated with this event.                              (BNM) via VHF–FM marine channel 16                    Federalism, if it has a substantial direct
                                                                                                      about the zone and the rule allows                    effect on the States, on the relationship
                                             III. Legal Authority and Need for Rule                   vessels to seek permission to enter the               between the national government and
                                                The Coast Guard is issuing this rule                  zone.                                                 the States, or on the distribution of
                                             under authority in 33 U.S.C. 1231. The                                                                         power and responsibilities among the
                                                                                                      B. Impact on Small Entities
                                             Captain of the Port Detroit (COTP) has                                                                         various levels of government. We have
                                             determined that an aircraft aerial                          The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                             display proximate to a gathering of                      1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                             watercraft poses a significant risk to                   requires Federal agencies to consider                 with the fundamental federalism
                                             public safety and property. This rule is                 the potential impact of regulations on                principles and preemption requirements
                                             needed to protect personnel, vessels,                    small entities during rulemaking. The                 described in Executive Order 13132.
                                             and the marine environment in the                        term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                             navigable waters within the safety zone                  businesses, not-for-profit organizations              implications under Executive Order
                                             while the air demonstration is being                     that are independently owned and                      13175, Consultation and Coordination
                                             displayed.                                               operated and are not dominant in their                with Indian Tribal Governments,
                                                                                                      fields, and governmental jurisdictions                because it does not have a substantial
                                             IV. Discussion of the Rule                               with populations of less than 50,000.                 direct effect on one or more Indian
                                                This rule establishes a safety zone                   The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                             from 8 p.m. through 8:30 p.m. July 18,                   605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                             2018. The safety zone will encompass                     significant economic impact on a                      or on the distribution of power and
                                             all U.S. navigable waters of Lake St.                    substantial number of small entities.                 responsibilities between the Federal
                                             Clair with in the following corner                          While some owners or operators of                  Government and Indian tribes. If you
                                             points: Northeast corner, 42°24.670′ N,                  vessels intending to transit the safety               believe this rule has implications for
                                             082°51.594′ W, Northwest corner                          zone may be small entities, for the                   federalism or Indian tribes, please
                                             42°24.671′ N, 082°51.368′ W, Southeast                   reasons stated in section V.A above, this             contact the person listed in the FOR
                                             corner 42°24.034′ N, 082°51.857′ W,                      rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                             Southwest corner 42°24.023′ N,                           economic impact on any vessel owner                   above.
                                             082°51.626′ W (NAD 83). No vessel or                     or operator.
                                                                                                         Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                             person will be permitted to enter the
                                             safety zone without obtaining                            Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             permission from the COTP or a                            Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                             designated representative.                               we want to assist small entities in                   Federal agencies to assess the effects of
                                                                                                      understanding this rule. If the rule                  their discretionary regulatory actions. In
                                             V. Regulatory Analyses                                   would affect your small business,                     particular, the Act addresses actions
                                               We developed this rule after                           organization, or governmental                         that may result in the expenditure by a
                                             considering numerous statutes and                        jurisdiction and you have questions                   State, local, or tribal government, in the
                                             Executive orders related to rulemaking.                  concerning its provisions or options for              aggregate, or by the private sector of
                                             Below we summarize our analyses                          compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                             based on a number of these statutes and                  listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                             Executive orders, and we discuss First                   CONTACT section.                                      will not result in such an expenditure,
                                             Amendment rights of protestors.                             Small businesses may send comments                 we do discuss the effects of this rule
                                                                                                      on the actions of Federal employees                   elsewhere in this preamble.
                                             A. Regulatory Planning and Review                        who enforce, or otherwise determine
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                                                Executive Orders 12866 and 13563                      compliance with, Federal regulations to               F. Environment
                                             direct agencies to assess the costs and                  the Small Business and Agriculture                      We have analyzed this rule under
                                             benefits of available regulatory                         Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                             alternatives and, if regulation is                       and the Regional Small Business                       Directive 023–01 and Commandant
                                             necessary, to select regulatory                          Regulatory Fairness Boards. The                       Instruction M16475.1D, which guide the
                                             approaches that maximize net benefits.                   Ombudsman evaluates these actions                     Coast Guard in complying with the


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                                                                 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations                                         33129

                                             National Environmental Policy Act of                     anchor within the safety zone unless                  identify regulations that are candidates
                                             1969 (42 U.S.C. 4321–4370f), and have                    authorized by the Captain of the Port                 for removal.
                                             determined that this action is one of a                  Detroit (COTP), or his on-scene
                                                                                                                                                            DATES: This rule is effective on August
                                             category of actions that do not                          representative.
                                                                                                        (2) The safety zone is closed to all                16, 2018.
                                             individually or cumulatively have a
                                             significant effect on the human                          vessel traffic, except as may be                      FOR FURTHER INFORMATION CONTACT:
                                             environment. This rule involves a safety                 permitted by the COTP or his on-scene                 Catherine Cain, Office of the Deputy
                                             zone lasting less than thirty minutes                    representative.                                       Commissioner for Trademark
                                             that will prohibit entry into a designated                 (3) The ‘‘on-scene representative’’ of              Examination Policy, by email at
                                             area. It is categorically excluded from                  COTP is any Coast Guard                               TMFRNotices@uspto.gov, or by
                                             further review under paragraph L60(a)                    commissioned, warrant or petty officer                telephone at (571) 272–8946.
                                             of Appendix A, Table 1 of DHS                            or a Federal, State, or local law
                                                                                                      enforcement officer designated by or                  SUPPLEMENTARY INFORMATION:
                                             Instruction Manual 023–01–001–01,
                                             Rev. 01. A Record of Environmental                       assisting the Captain of the Port Detroit             I. Background
                                             Consideration supporting this                            to act on his behalf.
                                             determination is available in the docket                   (4) Vessel operators shall contact the                 In accordance with Executive Order
                                             where indicated under ADDRESSES.                         COTP or his on-scene representative to                13777, ‘‘Enforcing the Regulatory
                                                                                                      obtain permission to enter or operate                 Reform Agenda,’’ the Department
                                             G. Protest Activities                                    within the safety zone. The COTP or his               established a Task Force, comprising,
                                               The Coast Guard respects the First                     on-scene representative may be                        among others, agency officials from the
                                             Amendment rights of protesters.                          contacted via VHF Channel 16 or at                    National Oceanic and Atmospheric
                                             Protesters are asked to contact the                      313–568–9464. Vessel operators given                  Administration, the Bureau of Industry
                                             person listed in the FOR FURTHER                         permission to enter or operate in the                 and Security, and the USPTO, and
                                             INFORMATION CONTACT section to                           regulated area must comply with all                   charged the Task Force with evaluating
                                             coordinate protest activities so that your               directions given to them by the COTP or               existing regulations and identifying
                                             message can be received without                          his on-scene representative.                          those that should be repealed, replaced,
                                             jeopardizing the safety or security of                     Dated: July 11, 2018.                               or modified because they are outdated,
                                             people, places or vessels.                               Kevin D. Floyd,                                       unnecessary, ineffective, costly, or
                                                                                                      Commander, U.S. Coast Guard, Acting                   unduly burdensome to both government
                                             List of Subjects in 33 CFR Part 165
                                                                                                      Captain of the Port Detroit.                          and private-sector operations.
                                               Harbors, Marine safety, Navigation
                                                                                                      [FR Doc. 2018–15182 Filed 7–16–18; 8:45 am]              To support its regulatory reform
                                             (water), Reporting and record keeping
                                                                                                      BILLING CODE 9110–04–P                                efforts on the Task Force, the USPTO
                                             requirements, Security measures,
                                                                                                                                                            assembled a Working Group on
                                             Waterways.
                                                                                                                                                            Regulatory Reform (Working Group),
                                               For the reasons discussed in the                                                                             consisting of subject-matter experts from
                                                                                                      DEPARTMENT OF COMMERCE
                                             preamble, the Coast Guard amends 33                                                                            each of the business units that
                                             CFR part 165 as follows:                                 Patent and Trademark Office                           implement the USPTO’s regulations, to
                                                                                                                                                            consider, review, and recommend ways
                                             PART 165—REGULATED NAVIGATION
                                                                                                      37 CFR Part 2                                         that the regulations could be improved,
                                             AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                            revised, and streamlined. In considering
                                                                                                      [Docket No. PTO–T–2017–0032]
                                             ■ 1. The authority citation for part 165                                                                       the revisions, the USPTO, through its
                                             continues to read as follows:                            RIN 0651–AD23                                         Working Group, incorporated into its
                                                                                                                                                            analyses all presidential directives
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              Removal of Rules Governing                            relating to regulatory reform. The
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                Trademark Interferences
                                             Department of Homeland Security Delegation                                                                     Working Group reviewed existing
                                             No. 0170.1.                                              AGENCY:  United States Patent and                     regulations, both discretionary rules and
                                                                                                      Trademark Office, Commerce.                           those required by statute or judicial
                                             ■ 2. Add § 165.T09–0690 to read as
                                                                                                      ACTION: Final rule.                                   order. The USPTO also solicited
                                             follows:
                                                                                                                                                            comments from stakeholders through a
                                             § 165.T09–0690 Yankee Air Museum’s                       SUMMARY:   The United States Patent and               web page established to provide
                                             Fundraiser Air Demonstration, Lake St.                   Trademark Office (USPTO or Office)                    information on the USPTO’s regulatory
                                             Clair, Grosse Pointe Farms, MI.                          amends the Rules of Practice in                       reform efforts and through the
                                               (a) Location. A safety zone is                         Trademark Cases to remove the rules                   Department’s Federal Register Notice
                                             established to include all U.S. navigable                governing trademark interferences. This               titled ‘‘Impact of Federal Regulations on
                                             waters of Lake St. Clair within the                      rule arises out of the USPTO’s work                   Domestic Manufacturing’’ (82 FR 12786,
                                             following corner points: Northeast                       during FY 2017 to identify and propose                Mar. 7, 2017), which addressed the
                                             corner, 42°24.670′ N, 082°51.594′ W,                     regulations for removal, modification,                impact of regulatory burdens on
                                             Northwest corner 42°24.671′ N,                           and streamlining because they are                     domestic manufacturing. These efforts
                                             082°51.368′ W, Southeast corner                          outdated, unnecessary, ineffective,                   led to the development of candidate
                                             42°24.034′ N, 082°51.857′ W, Southwest                   costly, or unduly burdensome on the                   regulations for removal based on the
                                             corner 42°24.023′ N, 082°51.626′ W                       agency or the private sector. The                     USPTO’s assessment that these
                                                                                                      revisions put into effect the work the                regulations were not needed and/or that
daltland on DSKBBV9HB2PROD with RULES




                                             (NAD 83).
                                               (b) Enforcement period. The regulated                  USPTO has done, in part through its                   elimination could improve the USPTO’s
                                             area described in paragraph (a) will be                  participation in the Regulatory Reform                body of regulations. This rule removes
                                             enforced 8 p.m. through 8:30 p.m. on                     Task Force (Task Force) established by                certain trademark-related regulations.
                                             July 18, 2018.                                           the Department of Commerce                            Other rules removing regulations on
                                               (c) Regulations. (1) No vessel or                      (Department or Commerce) pursuant to                  other subject areas may be published
                                             person may enter, transit through, or                    Executive Order 13777, to review and                  separately.


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Document Created: 2018-07-17 01:39:01
Document Modified: 2018-07-17 01:39:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 8 p.m. until 8:30 p.m. July 18, 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 33127 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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