Safety Zone; Detroit River Days Air Show, Detroit River, Detroit, MI, 40521-40523 [2016-14817]
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sradovich on DSK3TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations
computed for the plan year for purposes
of section 300gg–18(b) of title 42, United
States Code and regulations issued
under that section (see 45 CFR part 158).
(2) Transition rules. The transition
rules in paragraphs (c)(2)(i) and (ii) of
this section apply solely for the first
taxable year beginning after December
31, 2013, and the first taxable year
beginning after December 31, 2014.
(i) First taxable year beginning after
December 31, 2013. For the first taxable
year beginning after December 31, 2013,
the numerator of an organization’s MLR
is the total premium revenue expended
on reimbursement for clinical services
and activities that improve health care
quality provided to enrollees under its
policies for the first taxable year
beginning after December 31, 2013, and
the denominator of an organization’s
MLR is the organization’s total premium
revenue for the first taxable year
beginning after December 31, 2013.
(ii) First taxable year beginning after
December 31, 2014. For the first taxable
year beginning after December 31, 2014,
the numerator of an organization’s MLR
is the sum of the total premium revenue
expended on reimbursement for clinical
services and activities that improve
health care quality provided to enrollees
under its policies for the first taxable
year beginning after December 31, 2013,
and for the first taxable year beginning
after December 31, 2014, and the
denominator of an organization’s MLR
is the sum of the organization’s total
premium revenue for the first taxable
year beginning after December 31, 2013,
and for the first taxable year beginning
after December 31, 2014.
(d) Failure to qualify under section
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that taxable year and for each
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percent, paragraphs (d)(1)(i) and (ii) of
this section apply.
(i) Special deduction. The
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(e) Effective/applicability date. This
section applies to taxable years
beginning after December 31, 2016.
However, taxpayers may rely on this
section for taxable years beginning after
December 31, 2009.
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Approved: May 18, 2016.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2016–14784 Filed 6–21–16; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2016–0460]
RIN 1625–AA00
Safety Zone; Detroit River Days Air
Show, Detroit River, Detroit, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Detroit River in the
vicinity of Detroit, MI. This zone is
intended to restrict and control
movement of vessels in a portion of the
Detroit River. This zone is necessary to
protect spectators and vessels from
potential hazards associated with the
Detroit River Days Air Show.
DATES: This temporary final rule is
effective from 12:30 p.m. on June 24,
2016 until 6:30 p.m. on June 26, 2016.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2016–
0460 and are available online by going
to www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. They are also available for
inspection or copying at the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email Petty Officer
Todd Manow, Prevention Department,
Sector Detroit, Coast Guard; telephone
SUMMARY:
PO 00000
Frm 00045
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40521
313–568–9508, email
Todd.M.Manow@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking
U.S.C. United States Code
II. Background Information and
Regulatory History
On February 10, 2016, the Tuskegee
Airmen National Historical Museum
submitted an application for a marine
event for an aerial display spanning
three days in conjunction with the
Detroit River Days Festival on June 24,
25, and 26, 2016. A safety zone is
required by the Federal Aviation
Administration to separate aircraft from
persons and property on the ground or
water’s surface for all air shows. For the
purposes of this event, the Coast Guard
is establishing a safety zone around the
proposed flight path and a standoff zone
between the flight path and the shore,
matching the safety zone created for this
same event in 2015 [USCG–2015–0491].
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231, 33
CFR 1.05–1 and 160.5; and Department
of Homeland Security Delegation No.
0170.1. Having reviewed the application
for a marine event submitted by the
sponsor on February 10, 2016, 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. Such
hazards include potential aircraft
malfunctions, loud noise levels, and
waterway distractions. Therefore, the
COTP is establishing a safety zone
around the event location to help
minimize risks to safety of life and
property during this event.
The Coast Guard is issuing this
temporary final 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 with
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Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations
respect to this rule because waiting for
a notice and comment period to run
would be impracticable, unnecessary,
and contrary to the public interest.
Although an initial marine event
application was submitted on February
10, 2016, final details regarding event
area and patrol parameters were not
known to the Coast Guard with
sufficient time for the Coast Guard to
solicit public comments before the start
of the event. Thus, delaying the effective
date of this rule to wait for a notice and
comment period to run would be
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect the
public from the hazards associated with
this air show.
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. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
sradovich on DSK3TPTVN1PROD with RULES
IV. Discussion of the Rule
This rule establishes a safety zone on
U.S. waters of the Detroit River, Detroit,
MI, from a point on shore in Milliken
State Park at 42°19.87′ N., 083°01.65′
W., proceeding South-Southeast
approximately 450 yards to a point midriver corresponding with the
international boundary at 42°19.67′ N.,
083°01.57′ W., then proceeding
approximately 1.3 miles WestSouthwest along the international
boundary to a point mid-river at
42°19.28′ N., 083°03.03′ W. and then
proceeding to a point on shore just west
of the Joe Lewis Arena at 42°19.45′ N.,
083°03.17′ W., and then following the
U.S. bank of the Detroit River upstream
to the point of origin (NAD 83).
Entry into, transiting, or anchoring
within this safety zone is prohibited
unless authorized by the COTP or his
on-scene representative on a case-bycase basis. The COTP or his on-scene
representative may be contacted via
VHF Channel 16 to coordinate vessel
transits during the enforcement period.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.) related to
rulemaking. Below we summarize our
analyses based these statutes or
executive orders.
A. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
E.O. 12866, Regulatory Planning and
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Review, as supplemented by E.O. 13563,
Improving Regulation and Regulatory
Review, and does not require an
assessment of potential costs and
benefits under section 6(a)(3) of E.O.
12866 or under section 1 of E.O. 13563.
The Office of Management and Budget
has not reviewed it under those Orders.
We conclude that this rule is not a
significant regulatory action because we
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for a
relatively short duration, and is
designed to minimize the impact on
navigation. Moreover, under certain
conditions, vessels may still transit
through the safety zone when permitted
by the COTP on a case-by-case basis.
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
portions of the Detroit River from 12:30
p.m. to 6:30 p.m. on June 24, 25 and 26,
2016.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the reasons cited in the Regulatory
Planning and Review section.
Additionally, before the enforcement of
these zones, Coast Guard Sector Detroit
will issue a local Broadcast Notice to
Mariners so vessel owners and operators
can plan accordingly.
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 so that they can
better evaluate its effects on them. If this
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
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listed in the FOR FURTHER INFORMATION
section above. The Coast Guard
will not retaliate against entities that
question or complain about this rule or
any policy or action of the Coast Guard.
CONTACT
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 Tribal Implications
A rule has implications for federalism
under E.O. 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
determined that this rule does not have
implications for federalism.
Also, this proposed rule does not have
tribal implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
would 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 proposed 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 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
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
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Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations
environment. This rule involves the
establishment of a safety zone and is
therefore categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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.
H. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights.
I. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of E.O.
12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and
reduce burden.
J. Protection of Children
We have analyzed this rule under E.O.
13045, Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and does not create an
environmental risk to health or risk to
safety that may disproportionately affect
children.
K. Energy Effects
This action is not a ‘‘significant
energy action’’ under E.O. 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
sradovich on DSK3TPTVN1PROD with RULES
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:
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Jkt 238001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T09–0460 to read as
follows:
■
40523
Dated: June 14, 2016.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2016–14817 Filed 6–21–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 36 and 42
§ 165.T09–0460 Safety Zone; Detroit River
Days Air Show, Detroit River, Detroit, MI.
RIN 2900–AP78
(a) Location. The following area is a
temporary safety zone: All U.S. waters
of the Detroit River, Detroit, MI from a
point on shore in Milliken State Park at
42°19.87′ N., 083°01.65′ W., proceeding
South-Southeast approximately 450
yards to a point mid-river on the
international boundary at 42°19.67′ N.,
083°01.57′ N., then proceeding
approximately 1.3 miles WestSouthwest along the international
boundary to a point mid-river at
42°19.28′ N., 083°03.03′ W., and then
proceeding to a point on shore
immediately West of the Joe Lewis arena
at 42°19.45′ N., 083°03.17′ N., and then
following the U.S. bank of the Detroit
River upstream to the point of origin
(NAD 83).
(b) Enforcement periods. The safety
zone described in paragraph (a) of this
section will be enforced from 12:30 p.m.
until 6:30 p.m. on June 24, 25, and 26,
2016.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
safety zone is prohibited 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 on a case-by-case basis.
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the COTP to act on his behalf.
(4) Vessel operators must contact the
COTP or his on-scene representative to
obtain permission to enter or operate
within the safety zone. The Captain of
the Port Detroit or his on-scene
representative may be contacted via
VHF Channel 16 or at 313–568–9560.
Vessel operators given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP or his on-scene
representative.
Federal Civil Penalties Adjustment Act
Amendments
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Department of Veterans Affairs.
Interim final rule.
AGENCY:
ACTION:
The Federal Civil Monetary
Penalties Act of 1990, as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, sets forth a formula increasing the
maximum statutory amounts for civil
monetary penalties and requires federal
agencies to give notice of the new
maximum amounts by regulation.
Accordingly, this document gives notice
that the Department of Veterans Affairs
(VA) is increasing maximum civil
monetary penalties from $10,000 to
$21,563 for false loan guaranty
certifications and from $5,500 to
$10,781 for fraudulent claims or
fraudulent statements in any VA
program.
DATES: Effective Date: This interim final
rule is effective June 22, 2016.
Comment Date: Comments must be
received on or before August 22, 2016.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (02REG), Department
of Veterans Affairs, 810 Vermont Ave.
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AP78, Federal Civil Penalties
Adjustment Act Amendments.’’ Copies
of comments received will be available
for public inspection in the Office of
Regulation Policy and Management,
Room 1068, between the hours of 8:00
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 (this is not a toll-free
number) for an appointment. In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Bill
Russo, Director, Office of Regulations
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40521-40523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14817]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2016-0460]
RIN 1625-AA00
Safety Zone; Detroit River Days Air Show, Detroit River, Detroit,
MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Detroit River in the vicinity of Detroit, MI. This zone
is intended to restrict and control movement of vessels in a portion of
the Detroit River. This zone is necessary to protect spectators and
vessels from potential hazards associated with the Detroit River Days
Air Show.
DATES: This temporary final rule is effective from 12:30 p.m. on June
24, 2016 until 6:30 p.m. on June 26, 2016.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2016-0460 and are available online
by going to www.regulations.gov, type the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the
line associated with this rulemaking. They are also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Petty Officer Todd Manow,
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9508, email Todd.M.Manow@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking
U.S.C. United States Code
II. Background Information and Regulatory History
On February 10, 2016, the Tuskegee Airmen National Historical
Museum submitted an application for a marine event for an aerial
display spanning three days in conjunction with the Detroit River Days
Festival on June 24, 25, and 26, 2016. A safety zone is required by the
Federal Aviation Administration to separate aircraft from persons and
property on the ground or water's surface for all air shows. For the
purposes of this event, the Coast Guard is establishing a safety zone
around the proposed flight path and a standoff zone between the flight
path and the shore, matching the safety zone created for this same
event in 2015 [USCG-2015-0491].
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. Having reviewed the application for a marine
event submitted by the sponsor on February 10, 2016, 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. Such hazards include potential aircraft
malfunctions, loud noise levels, and waterway distractions. Therefore,
the COTP is establishing a safety zone around the event location to
help minimize risks to safety of life and property during this event.
The Coast Guard is issuing this temporary final 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 with
[[Page 40522]]
respect to this rule because waiting for a notice and comment period to
run would be impracticable, unnecessary, and contrary to the public
interest. Although an initial marine event application was submitted on
February 10, 2016, final details regarding event area and patrol
parameters were not known to the Coast Guard with sufficient time for
the Coast Guard to solicit public comments before the start of the
event. Thus, delaying the effective date of this rule to wait for a
notice and comment period to run would be impracticable and contrary to
the public interest because it would inhibit the Coast Guard's ability
to protect the public from the hazards associated with this air show.
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. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
IV. Discussion of the Rule
This rule establishes a safety zone on U.S. waters of the Detroit
River, Detroit, MI, from a point on shore in Milliken State Park at
42[deg]19.87' N., 083[deg]01.65' W., proceeding South-Southeast
approximately 450 yards to a point mid-river corresponding with the
international boundary at 42[deg]19.67' N., 083[deg]01.57' W., then
proceeding approximately 1.3 miles West-Southwest along the
international boundary to a point mid-river at 42[deg]19.28' N.,
083[deg]03.03' W. and then proceeding to a point on shore just west of
the Joe Lewis Arena at 42[deg]19.45' N., 083[deg]03.17' W., and then
following the U.S. bank of the Detroit River upstream to the point of
origin (NAD 83).
Entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP or his on-scene representative
on a case-by-case basis. The COTP or his on-scene representative may be
contacted via VHF Channel 16 to coordinate vessel transits during the
enforcement period.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.) related to rulemaking. Below we summarize our
analyses based these statutes or executive orders.
A. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O.
13563, Improving Regulation and Regulatory Review, and does not require
an assessment of potential costs and benefits under section 6(a)(3) of
E.O. 12866 or under section 1 of E.O. 13563. The Office of Management
and Budget has not reviewed it under those Orders.
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short duration, and is
designed to minimize the impact on navigation. Moreover, under certain
conditions, vessels may still transit through the safety zone when
permitted by the COTP on a case-by-case basis.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in portions of the Detroit River from 12:30 p.m. to
6:30 p.m. on June 24, 25 and 26, 2016.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of these zones, Coast Guard Sector Detroit will issue a
local Broadcast Notice to Mariners so vessel owners and operators can
plan accordingly.
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 so that they can better evaluate
its effects on them. If this 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 above. The
Coast Guard will not retaliate against 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 Tribal Implications
A rule has implications for federalism under E.O. 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 determined
that this rule does not have implications for federalism.
Also, this proposed rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human
[[Page 40523]]
environment. This rule involves the establishment of a safety zone and
is therefore categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
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.
H. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
I. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
J. Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not create an environmental risk
to health or risk to safety that may disproportionately affect
children.
K. Energy Effects
This action is not a ``significant energy action'' under E.O.
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use.
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.T09-0460 to read as follows:
Sec. 165.T09-0460 Safety Zone; Detroit River Days Air Show, Detroit
River, Detroit, MI.
(a) Location. The following area is a temporary safety zone: All
U.S. waters of the Detroit River, Detroit, MI from a point on shore in
Milliken State Park at 42[deg]19.87' N., 083[deg]01.65' W., proceeding
South-Southeast approximately 450 yards to a point mid-river on the
international boundary at 42[deg]19.67' N., 083[deg]01.57' N., then
proceeding approximately 1.3 miles West-Southwest along the
international boundary to a point mid-river at 42[deg]19.28' N.,
083[deg]03.03' W., and then proceeding to a point on shore immediately
West of the Joe Lewis arena at 42[deg]19.45' N., 083[deg]03.17' N., and
then following the U.S. bank of the Detroit River upstream to the point
of origin (NAD 83).
(b) Enforcement periods. The safety zone described in paragraph (a)
of this section will be enforced from 12:30 p.m. until 6:30 p.m. on
June 24, 25, and 26, 2016.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited 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 on a case-by-
case basis.
(3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the COTP to act on
his behalf.
(4) Vessel operators must contact the COTP or his on-scene
representative to obtain permission to enter or operate within the
safety zone. The Captain of the Port Detroit or his on-scene
representative may be contacted via VHF Channel 16 or at 313-568-9560.
Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the COTP or his
on-scene representative.
Dated: June 14, 2016.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2016-14817 Filed 6-21-16; 8:45 am]
BILLING CODE 9110-04-P
