83 FR 36431 - Safety Zone; Waterview Loft Fireworks I, 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 | 36431-36432 | |
| FR Document | 2018-16208 |
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)] [Rules and Regulations] [Pages 36431-36432] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16208] [[Page 36431]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2018-0717] RIN 1625-AA00 Safety Zone; Waterview Loft Fireworks I, 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 I. DATES: This temporary final rule is effective from 9:30 p.m. through 10 p.m. on August 14, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0717 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 14, 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 14, 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 14, 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 [[Page 36432]] 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.T09-0717 to read as follows: Sec. 165.T09-0717 Safety Zone; Waterview Loft Fireworks I, 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 14, 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 24, 2018. Jeffrey W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2018-16208 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 36431
DEPARTMENT OF HOMELAND with respect to this rule because doing Order 12866. Accordingly, this rule has
SECURITY so would be impracticable. The Coast not been reviewed by the Office of
Guard did not receive the final details Management and Budget (OMB), and
Coast Guard of this fireworks display in time to pursuant to OMB guidance it is exempt
publish an NPRM. As such, it is from the requirements of Executive
33 CFR Part 165 impracticable to publish an NPRM Order 13771.
because we lack sufficient time to This regulatory action determination
[Docket No. USCG–2018–0717]
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.
before issuing the rule. Vessel traffic will be able to safely
Safety Zone; Waterview Loft Fireworks Under 5 U.S.C. 553(d)(3), the Coast transit around this safety zone which
I, Detroit River, Detroit, MI Guard finds that good cause exists for will impact a small designated area of
making this rule effective less than 30 the Detroit River from 9:30 p.m. through
AGENCY: Coast Guard, DHS.
days after publication in the Federal 10 p.m. on August 14, 2018. Moreover,
ACTION: Temporary final rule. Register. Delaying the effective date of the Coast Guard will issue Broadcast
SUMMARY: The Coast Guard is this rule would inhibit the Coast Notice to Mariners (BNM) via VHF–FM
establishing a temporary safety zone for 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 the rule allows vessels to seek
associated with this event. permission to enter the zone.
radius of a portion of the Detroit River,
Detroit, MI. This zone is necessary to III. Legal Authority and Need for Rule B. Impact on Small Entities
protect spectators and vessels from The Regulatory Flexibility Act of
The Coast Guard is issuing this rule
potential hazards associated with the 1980, 5 U.S.C. 601–612, as amended,
under authority in 33 U.S.C. 1231. The
Waterview Loft Fireworks I. requires Federal agencies to consider
Captain of the Port Detroit (COTP) has
DATES: This temporary final rule is determined that potential hazard the potential impact of regulations on
effective from 9:30 p.m. through 10 p.m. associated with fireworks from 9:30 small entities during rulemaking. The
on August 14, 2018. p.m. through 10 p.m. on August 14, term ‘‘small entities’’ comprises small
ADDRESSES: To view documents 2018 will be a safety concern to anyone businesses, not-for-profit organizations
mentioned in this preamble as being within a 350-foot radius of the launch that are independently owned and
available in the docket, go to http:// site. This rule is needed to protect operated and are not dominant in their
www.regulations.gov, type USCG–2018– personnel, vessels, and the marine fields, and governmental jurisdictions
0717 in the ‘‘SEARCH’’ box and click environment in the navigable waters with populations of less than 50,000.
‘‘SEARCH.’’ Click on Open Docket within the safety zone while the The Coast Guard certifies under 5 U.S.C.
Folder on the line associated with this fireworks are being displayed. 605(b) that this rule will not have a
rule. significant economic impact on a
IV. Discussion of the Rule substantial number of small entities.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary This rule establishes a safety zone While some owners or operators of
rule, call or email Tracy Girard, from 9:30 p.m. through 10 p.m. on vessels intending to transit the safety
Prevention Department, Sector Detroit, August 14, 2018. The safety zone will zone may be small entities, for the
Coast Guard; telephone 313–568–9564, encompass all U.S. navigable waters of reasons stated in section V.A above, this
or email Tracy.M.Girard@uscg.mil. the Detroit River, Detroit, MI, within a rule will not have a significant
350-foot radius of position 42°19.529′ N economic impact on any vessel owner
SUPPLEMENTARY INFORMATION: or operator.
083°02.436′ W (NAD 83). No vessel or
I. Table of Abbreviations person will be permitted to enter the Under section 213(a) of the Small
safety zone without obtaining Business Regulatory Enforcement
CFR Code of Federal Regulations Fairness Act of 1996 (Pub. L. 104–121),
COTP Captain of the Port Detroit permission from the COTP or a
DHS Department of Homeland Security designated representative. we want to assist small entities in
FR Federal Register understanding this rule. If the rule
NPRM Notice of proposed rulemaking
V. Regulatory Analyses would affect your small business,
§ Section We developed this rule after organization, or governmental
U.S.C. United States Code considering numerous statutes and jurisdiction and you have questions
Executive orders related to rulemaking. concerning its provisions or options for
II. Background Information and
Below we summarize our analyses compliance, please contact the person
Regulatory History
based on a number of these statutes and listed in the FOR FURTHER INFORMATION
The Coast Guard is issuing this Executive orders, and we discuss First CONTACT section.
temporary rule without prior notice and Amendment rights of protestors. Small businesses may send comments
opportunity to comment pursuant to on the actions of Federal employees
authority under section 4(a) of the A. Regulatory Planning and Review who enforce, or otherwise determine
Administrative Procedure Act (APA) (5 Executive Orders 12866 and 13563 compliance with, Federal regulations to
U.S.C. 553(b)). This provision direct agencies to assess the costs and the Small Business and Agriculture
authorizes an agency to issue a rule benefits of available regulatory Regulatory Enforcement Ombudsman
without prior notice and opportunity to alternatives and, if regulation is and the Regional Small Business
comment when the agency for good necessary, to select regulatory Regulatory Fairness Boards. The
daltland on DSKBBV9HB2PROD with RULES
cause finds that those procedures are approaches that maximize net benefits. Ombudsman evaluates these actions
‘‘impracticable, unnecessary, or contrary Executive Order 13771 directs agencies annually and rates each agency’s
to the public interest.’’ Under 5 U.S.C. to control regulatory costs through a responsiveness to small business. If you
553(b)(B), the Coast Guard finds that budgeting process. This rule has not wish to comment on actions by
good cause exists for not publishing a been designated a ‘‘significant employees of the Coast Guard, call 1–
notice of proposed rulemaking (NPRM) regulatory action,’’ under Executive 888–REG–FAIR (1–888–734–3247). The
VerDate Sep<11>2014 17:02 Jul 27, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\30JYR1.SGM 30JYR1](https://thefederalregister.org/doc/83_FR_36577/page/1.svg)
![36432 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations
Coast Guard will not retaliate against significant effect on the human or a Federal, State, or local law
small entities that question or complain environment. This rule involves a 30 enforcement officer designated by or
about this rule or any policy or action minute safety zone that will prohibit assisting the Captain of the Port Detroit
of the Coast Guard. entry into a designated area. It is to act on his behalf.
categorically excluded from further (4) Vessel operators shall contact the
C. Collection of Information
review under paragraph L60(a) of COTP or his on-scene representative to
This rule will not call for a new Appendix A, Table 1 of DHS Instruction obtain permission to enter or operate
collection of information under the Manual 023–01–001–01, Rev. 01. A within the safety zone. The COTP or his
Paperwork Reduction Act of 1995 (44 Record of Environmental Consideration on-scene representative may be
U.S.C. 3501–3520). supporting this determination is contacted via VHF Channel 16 or at
D. Federalism and Indian Tribal available in the docket where indicated (313) 568–9464. Vessel operators given
Governments under ADDRESSES. permission to enter or operate in the
regulated area must comply with all
A rule has implications for federalism G. Protest Activities
directions given to them by the COTP or
under Executive Order 13132, The Coast Guard respects the First his on-scene representative.
Federalism, if it has a substantial direct Amendment rights of protesters.
effect on the States, on the relationship Dated: July 24, 2018.
Protesters are asked to contact the
between the national government and Jeffrey W. Novak,
person listed in the FOR FURTHER
the States, or on the distribution of INFORMATION CONTACT section to Captain, U.S. Coast Guard, Captain of the
power and responsibilities among the Port Detroit.
coordinate protest activities so that your
various levels of government. We have message can be received without [FR Doc. 2018–16208 Filed 7–27–18; 8:45 am]
analyzed this rule under that Order and jeopardizing the safety or security of BILLING CODE 9110–04–P
have determined that it is consistent people, places or vessels.
with the fundamental federalism
principles and preemption requirements List of Subjects in 33 CFR Part 165 DEPARTMENT OF HOMELAND
described in Executive Order 13132. Harbors, Marine safety, Navigation SECURITY
Also, this rule does not have tribal (water), Reporting and recordkeeping
implications under Executive Order Coast Guard
requirements, Security measures,
13175, Consultation and Coordination Waterways.
with Indian Tribal Governments, 33 CFR Part 165
For the reasons discussed in the
because it does not have a substantial preamble, the Coast Guard amends 33 [Docket No. USCG–2018–0661]
direct effect on one or more Indian CFR part 165 as follows:
tribes, on the relationship between the Safety Zones; Annual Events in the
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION Captain of the Port Buffalo Zone—
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS August and September Events
responsibilities between the Federal
Government and Indian tribes. If you ■ 1. The authority citation for part 165 AGENCY: Coast Guard, DHS.
believe this rule has implications for continues to read as follows: ACTION: Notice of enforcement of
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191; regulation.
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
FURTHER INFORMATION CONTACT section Department of Homeland Security Delegation SUMMARY: The Coast Guard will enforce
above. No. 0170.1. certain safety zones located in Federal
■ 2. Add § 165.T09–0717 to read as regulations for recurring marine events.
E. Unfunded Mandates Reform Act This action is necessary and intended
follows:
The Unfunded Mandates Reform Act for the safety of life and property on
of 1995 (2 U.S.C. 1531–1538) requires § 165.T09–0717 Safety Zone; Waterview navigable waters during these events.
Federal agencies to assess the effects of Loft Fireworks I, Detroit River, Detroit, MI. During each enforcement period, no
their discretionary regulatory actions. In (a) Location. A safety zone is person or vessel may enter the
particular, the Act addresses actions established to include all U.S. navigable respective safety zone without the
that may result in the expenditure by a waters of the Detroit River, Detroit, MI, permission of the Captain of the Port
State, local, or tribal government, in the within a 350-foot radius of position Buffalo.
aggregate, or by the private sector of 42°19.529′ N 083°02.436′ W (NAD 83). DATES: The regulations in 33 CFR
$100,000,000 (adjusted for inflation) or (b) Enforcement period. The regulated 165.939 will be enforced during the
more in any one year. Though this rule area described in paragraph (a) will be month of August and September as
will not result in such an expenditure, enforced from 9:30 p.m. through 10 p.m. noted in the SUPPLEMENTARY
we do discuss the effects of this rule on August 14, 2018. INFORMATION section below.
elsewhere in this preamble. (c) Regulations.
(1) No vessel or person may enter, FOR FURTHER INFORMATION CONTACT: If
F. Environment transit through, or anchor within the you have questions about this notice of
We have analyzed this rule under safety zone unless authorized by the enforcement, call or email LTJG Sean
Department of Homeland Security Captain of the Port Detroit (COTP), or Dolan, Chief of Waterways Management,
Directive 023–01 and Commandant his on-scene representative. U.S. Coast Guard Sector Buffalo;
Instruction M16475.1D, which guide the telephone 716–843–9322, email D09-
daltland on DSKBBV9HB2PROD with RULES
(2) The safety zone is closed to all
Coast Guard in complying with the vessel traffic, except as may be SMB-SECBuffalo-WWM@uscg.mil.
National Environmental Policy Act of permitted by the COTP or his on-scene SUPPLEMENTARY INFORMATION: The Coast
1969 (42 U.S.C. 4321–4370f), and have representative. Guard will enforce the Safety Zones;
determined that this action is one of a (3) The ‘‘on-scene representative’’ of Annual Events in the Captain of the Port
category of actions that do not COTP is any Coast Guard Buffalo Zone listed in 33 CFR 165.939
individually or cumulatively have a commissioned, warrant or petty officer for the following events:
VerDate Sep<11>2014 17:02 Jul 27, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\30JYR1.SGM 30JYR1](https://thefederalregister.org/doc/83_FR_36577/page/2.svg)
Document Created: 2018-07-28 01:43:27
Document Modified: 2018-07-28 01:43:27
| 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 14, 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 36431 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR