83 FR 36429 - Safety Zone; Waterview Loft Fireworks II, Detroit River, Detroit, MI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 146 (July 30, 2018)
Coast Guard
Federal Register Volume 83, Issue 146 (July 30, 2018)
| Page Range | 36429-36430 | |
| FR Document | 2018-16209 |
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)] [Rules and Regulations] [Pages 36429-36430] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16209] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2018-0722] RIN 1625-AA00 Safety Zone; Waterview Loft Fireworks II, Detroit River, Detroit, MI AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable waters within a 350-foot radius of a portion of the Detroit River, Detroit, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Waterview Loft Fireworks II. DATES: This temporary final rule is effective from 9:30 p.m. through 10 p.m. on August 17, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0722 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 9:30 p.m. through 10 p.m. on August 17, 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 9:30 p.m. through 10 p.m. on August 17, 2018. The safety zone will encompass all U.S. navigable waters of the Detroit River, Detroit, MI, within a 350-foot radius of position 42[deg]19.529' N 083[deg]02.436' 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 the Detroit River from 9:30 p.m. through 10 p.m. on August 17, 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. [[Page 36430]] 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 30 minute safety zone 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.T09-0722 to read as follows: Sec. 165.T09-0722 Safety Zone; Waterview Loft Fireworks II, Detroit River, Detroit, MI. (a) Location. A safety zone is established to include all U.S. navigable waters of the Detroit River, Detroit, MI, within a 350-foot radius of position 42[deg]19.529' N 083[deg]02.436' W (NAD 83). (b) Enforcement period. The regulated area described in paragraph (a) will be enforced from 9:30 p.m. through 10 p.m. on August 17, 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 25, 2018. Jeffrey W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2018-16209 Filed 7-27-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations 36429
predominantly used by a variety of Folder on the line associated with this within the safety zone while the
vessels including U.S. government rule. fireworks are being displayed.
vessels, small commercial vessels and FOR FURTHER INFORMATION CONTACT: If IV. Discussion of the Rule
recreational vessels. The Coast Guard you have questions on this temporary
has carefully considered the restrictions This rule establishes a safety zone
rule, call or email Tracy Girard,
with waterway users in publishing this from 9:30 p.m. through 10 p.m. on
Prevention Department, Sector Detroit,
temporary deviation. August 17, 2018. The safety zone will
Coast Guard; telephone 313–568–9564,
Vessels able to pass through the encompass all U.S. navigable waters of
or email Tracy.M.Girard@uscg.mil.
bridge in the closed position may do so the Detroit River, Detroit, MI, within a
at any time. The bridge will be able to SUPPLEMENTARY INFORMATION: 350-foot radius of position 42°19.529′ N
open for emergencies and there is no I. Table of Abbreviations 083°02.436′ W (NAD 83). No vessel or
immediate alternate route for vessels to person will be permitted to enter the
CFR Code of Federal Regulations safety zone without obtaining
pass. The Coast Guard will also inform
COTP Captain of the Port Detroit permission from the COTP or a
the users of the waterways through our DHS Department of Homeland Security
Local and Broadcast Notices to Mariners designated representative.
FR Federal Register
of the change in operating schedule for NPRM Notice of Proposed Rulemaking V. Regulatory Analyses
the bridge so that vessel operators can § Section
arrange their transits to minimize any U.S.C. United States Code We developed this rule after
impact caused by the temporary considering numerous statutes and
II. Background Information and Executive orders related to rulemaking.
deviation.
Regulatory History Below we summarize our analyses
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular The Coast Guard is issuing this based on a number of these statutes and
operating schedule immediately at the temporary rule without prior notice and Executive orders, and we discuss First
end of the effective period of this opportunity to comment pursuant to Amendment rights of protestors.
temporary deviation. This deviation authority under section 4(a) of the A. Regulatory Planning and Review
from the operating regulations is Administrative Procedure Act (APA) (5 Executive Orders 12866 and 13563
authorized under 33 CFR 117.35. U.S.C. 553(b)). This provision direct agencies to assess the costs and
Dated: July 24, 2018. authorizes an agency to issue a rule benefits of available regulatory
Barry L. Dragon, without prior notice and opportunity to alternatives and, if regulation is
comment when the agency for good necessary, to select regulatory
Director, Bridge Branch, Seventh Coast Guard
District. cause finds that those procedures are approaches that maximize net benefits.
‘‘impracticable, unnecessary, or contrary Executive Order 13771 directs agencies
[FR Doc. 2018–16149 Filed 7–27–18; 8:45 am]
to the public interest.’’ Under 5 U.S.C. to control regulatory costs through a
BILLING CODE 9110–04–P
553(b)(B), the Coast Guard finds that budgeting process. This rule has not
good cause exists for not publishing a been designated a ‘‘significant
DEPARTMENT OF HOMELAND notice of proposed rulemaking (NPRM) regulatory action,’’ under Executive
SECURITY with respect to this rule because doing Order 12866. Accordingly, this rule has
so would be impracticable. The Coast not been reviewed by the Office of
Coast Guard Guard did not receive the final details Management and Budget (OMB), and
of this fireworks display in time to pursuant to OMB guidance it is exempt
33 CFR Part 165 publish an NPRM. As such, it is from the requirements of Executive
impracticable to publish an NPRM Order 13771.
[Docket No. USCG–2018–0722] because we lack sufficient time to This regulatory action determination
provide a reasonable comment period is based on the size, location, duration,
RIN 1625–AA00
and then consider those comments and time-of-year of the safety zone.
Safety Zone; Waterview Loft Fireworks before issuing the rule. Vessel traffic will be able to safely
II, Detroit River, Detroit, MI Under 5 U.S.C. 553(d)(3), the Coast transit around this safety zone which
Guard finds that good cause exists for will impact a small designated area of
AGENCY: Coast Guard, DHS. making this rule effective less than 30 the Detroit River from 9:30 p.m. through
ACTION: Temporary final rule. days after publication in the Federal 10 p.m. on August 17, 2018. Moreover,
Register. Delaying the effective date of the Coast Guard will issue Broadcast
SUMMARY: The Coast Guard is this rule would inhibit the Coast
establishing a temporary safety zone for Notice to Mariners (BNM) via VHF–FM
Guard’s ability to protect participants, marine channel 16 about the zone and
navigable waters within a 350-foot mariners and vessels from the hazards
radius of a portion of the Detroit River, the rule allows vessels to seek
associated with this event. permission to enter the zone.
Detroit, MI. This zone is necessary to
protect spectators and vessels from III. Legal Authority and Need for Rule B. Impact on Small Entities
potential hazards associated with the The Coast Guard is issuing this rule The Regulatory Flexibility Act of
Waterview Loft Fireworks II. under authority in 33 U.S.C. 1231. The 1980, 5 U.S.C. 601–612, as amended,
DATES: This temporary final rule is Captain of the Port Detroit (COTP) has requires Federal agencies to consider
effective from 9:30 p.m. through 10 p.m. determined that potential hazard the potential impact of regulations on
on August 17, 2018. associated with fireworks from 9:30 small entities during rulemaking. The
daltland on DSKBBV9HB2PROD with RULES
ADDRESSES: To view documents p.m. through 10 p.m. on August 17, term ‘‘small entities’’ comprises small
mentioned in this preamble as being 2018 will be a safety concern to anyone businesses, not-for-profit organizations
available in the docket, go to http:// within a 350-foot radius of the launch that are independently owned and
www.regulations.gov, type USCG–2018– site. This rule is needed to protect operated and are not dominant in their
0722 in the ‘‘SEARCH’’ box and click personnel, vessels, and the marine fields, and governmental jurisdictions
‘‘SEARCH.’’ Click on Open Docket environment in the navigable waters with populations of less than 50,000.
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![36430 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the PART 165—REGULATED NAVIGATION
605(b) that this rule will not have a Federal Government and Indian tribes, AREAS AND LIMITED ACCESS AREAS
significant economic impact on a or on the distribution of power and
substantial number of small entities. responsibilities between the Federal ■ 1. The authority citation for part 165
While some owners or operators of Government and Indian tribes. If you continues to read as follows:
vessels intending to transit the safety believe this rule has implications for
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.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act ■ 2. Add § 165.T09–0722 to read as
Business Regulatory Enforcement The Unfunded Mandates Reform Act follows:
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires § 165.T09–0722 Safety Zone; Waterview
we want to assist small entities in Federal agencies to assess the effects of Loft Fireworks II, Detroit River, Detroit, MI.
understanding this rule. If the rule their discretionary regulatory actions. In
would affect your small business, particular, the Act addresses actions (a) Location. A safety zone is
organization, or governmental that may result in the expenditure by a established to include all U.S. navigable
jurisdiction and you have questions State, local, or tribal government, in the waters of the Detroit River, Detroit, MI,
concerning its provisions or options for aggregate, or by the private sector of within a 350-foot radius of position
compliance, please contact the person $100,000,000 (adjusted for inflation) or 42°19.529′ N 083°02.436′ 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) will be
Small businesses may send comments we do discuss the effects of this rule enforced from 9:30 p.m. through 10 p.m.
on the actions of Federal employees elsewhere in this preamble. on August 17, 2018.
who enforce, or otherwise determine
F. Environment (c) Regulations. (1) No vessel or
compliance with, Federal regulations to
the Small Business and Agriculture We have analyzed this rule under person may enter, transit through, or
Regulatory Enforcement Ombudsman Department of Homeland Security anchor within the safety zone unless
and the Regional Small Business Directive 023–01 and Commandant authorized by the Captain of the Port
Regulatory Fairness Boards. The Instruction M16475.1D, which guide the Detroit (COTP), or his on-scene
Ombudsman evaluates these actions Coast Guard in complying with the representative.
annually and rates each agency’s National Environmental Policy Act of
(2) The safety zone is closed to all
responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have
vessel traffic, except as may be
wish to comment on actions by determined that this action is one of a
category of actions that do not permitted by the COTP or his on-scene
employees of the Coast Guard, call 1– representative.
888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a
Coast Guard will not retaliate against significant effect on the human (3) The ‘‘on-scene representative’’ of
small entities that question or complain environment. This rule involves a 30 COTP is any Coast Guard
about this rule or any policy or action minute safety zone that will prohibit commissioned, warrant or petty officer
of the Coast Guard. entry into a designated area. It is or a Federal, State, or local law
categorically excluded from further enforcement officer designated by or
C. Collection of Information review under paragraph L60(a) of assisting the Captain of the Port Detroit
This rule will not call for a new Appendix A, Table 1 of DHS Instruction to act on his behalf.
collection of information under the Manual 023–01–001–01, Rev. 01. A
(4) Vessel operators shall contact the
Paperwork Reduction Act of 1995 (44 Record of Environmental Consideration
COTP or his on-scene representative to
U.S.C. 3501–3520). supporting this determination is
available in the docket where indicated obtain permission to enter or operate
D. Federalism and Indian Tribal within the safety zone. The COTP or his
under ADDRESSES.
Governments on-scene representative may be
A rule has implications for federalism G. Protest Activities contacted via VHF Channel 16 or at
under Executive Order 13132, The Coast Guard respects the First (313) 568–9464. Vessel operators given
Federalism, if it has a substantial direct Amendment rights of protesters. permission to enter or operate in the
effect on the States, on the relationship Protesters are asked to contact the regulated area must comply with all
between the national government and person listed in the FOR FURTHER directions given to them by the COTP or
the States, or on the distribution of INFORMATION CONTACT section to his on-scene representative.
power and responsibilities among the coordinate protest activities so that your
Dated: July 25, 2018.
various levels of government. We have message can be received without
analyzed this rule under that Order and jeopardizing the safety or security of Jeffrey W. Novak,
have determined that it is consistent people, places or vessels. Captain, U.S. Coast Guard, Captain of the
with the fundamental federalism Port Detroit.
List of Subjects in 33 CFR Part 165
principles and preemption requirements [FR Doc. 2018–16209 Filed 7–27–18; 8:45 am]
Harbors, Marine safety, Navigation
daltland on DSKBBV9HB2PROD with RULES
described in Executive Order 13132. BILLING CODE 9110–04–P
Also, this rule does not have tribal (water), Reporting and recordkeeping
implications under Executive Order requirements, Security measures,
13175, Consultation and Coordination Waterways.
with Indian Tribal Governments, For the reasons discussed in the
because it does not have a substantial preamble, the Coast Guard amends 33
direct effect on one or more Indian CFR part 165 as follows:
VerDate Sep<11>2014 17:02 Jul 27, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\30JYR1.SGM 30JYR1](https://thefederalregister.org/doc/83_FR_36575/page/2.svg)
Document Created: 2018-07-28 01:43:47
Document Modified: 2018-07-28 01:43:47
| 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 9:30 p.m. through 10 p.m. on August 17, 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 36429 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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