Safety Zone; Port Huron Blue Water Fest Fireworks, St. Clair River, Port Huron, MI, 31455-31457 [2017-14303]

Download as PDF Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations (1) Brewerton Fireworks, Brewerton, NY; The safety zone listed in 33 CFR 165.939(a)(8) will be enforced on July 3, 2017, with a rain date of July 8, 2017, from 9 p.m. to 10:30 p.m. within a 420 foot radius of the barge located at position 43°14′18.32″ N., 076°8′1.90″ W. (NAD83). Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring within the safety zone during an enforcement period is prohibited unless authorized by the Captain of the Port Buffalo or his designated representative. Those seeking permission to enter the safety zone may request permission from the Captain of Port Buffalo via channel 16, VHF–FM. Vessels and persons granted permission to enter the safety zone shall obey the directions of the Captain of the Port Buffalo or his designated representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. This notice of enforcement is issued under authority of 33 CFR 165.939 and 5 U.S.C. 552(a). In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Broadcast Notice to Mariners or Local Notice to Mariners. If the Captain of the Port Buffalo determines that the safety zone need not be enforced for the full duration stated in this notice he or she may use a Broadcast Notice to Mariners to grant general permission to enter the respective safety zone. Dated: July 3, 2017. J.S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2017–14307 Filed 7–3–17; 4:15 pm] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2017–0500] asabaliauskas on DSKBBXCHB2PROD with RULES RIN 1625–AA00 Safety Zone; Port Huron Blue Water Fest Fireworks, St. Clair River, Port Huron, MI Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters within a 420-foot radius of a portion of the St. Clair River, SUMMARY: VerDate Sep<11>2014 17:43 Jul 06, 2017 Jkt 241001 Port Huron, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Port Huron Blue Water Fest Fireworks. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Detroit. This temporary final rule is effective from 10 p.m. on July 20, 2017, through 10:20 p.m. on July 21, 2017. DATES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0500 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. ADDRESSES: If you have questions on this temporary rule, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone 313–568–9564, or email Tracy.M.Girard@uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking § 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 until there was insufficient time remaining before the event to publish an NPRM. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary 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. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 31455 III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Detroit (COTP) has determined that potential hazard associated with fireworks from 10 p.m. to 10:20 p.m. on July 20, 2017 will be a safety concern to anyone within a 420foot radius of the launch site. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the fireworks are being displayed. IV. Discussion of the Rule This rule establishes a safety zone from 10 p.m. through 10:20 p.m. on July 20, 2017. In the event of inclement weather the regulated area will be enforced from 10 p.m. through 10:20 p.m. on July 21, 2017. The safety zone will encompass all U.S. navigable waters of the St. Clair River, Port Huron, MI, within a 420-foot radius of position 42°58.846′ N., 082°25.201′ 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 these statutes and executive orders. 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 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (‘‘Reducing Regulation and Controlling Regulatory Costs’’), directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB’s Memorandum titled ‘‘Interim Guidance Implementing E:\FR\FM\07JYR1.SGM 07JYR1 31456 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations asabaliauskas on DSKBBXCHB2PROD with RULES Section 2 of the Executive Order of January 30, 2017 titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (February 2, 2017). 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 St. Clair River from 10:00 p.m. to 10:20 p.m. on July 20 or July 21, 2017. Moreover, the Coast Guard will issue Broadcast Notice to Mariners 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 VerDate Sep<11>2014 17:43 Jul 06, 2017 Jkt 241001 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 Management Directive 023–01 and Commandant Instruction M16475.lD, 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 environment. This rule involves a safety zone lasting less than thirty minutes that will prohibit entry within 420-feet of the firework launch site. It is categorically excluded under section 2.B.2, figure 2–1, paragraph 34(g) of the Commandant Instruction. A Record of Environmental Consideration (REC) supporting this determination is available in the docket where indicated in the ADDRESSES section of this preamble. 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 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.T09–0500 to read as follows: ■ § 165.T09–0500 Safety Zone; Port Huron Blue Water Fest Fireworks, St. Clair River, Port Huron, MI. (a) Location. A safety zone is established to include all U.S. navigable waters of the St. Clair River, Port Huron, MI within a 420-foot radius of position 42°58.846′ N., 082°25.201′ W. (NAD 83). (b) Enforcement period. The regulated area described in paragraph (a) of this section will be enforced from 10 p.m. through 10:20 p.m. on July 20, 2017. In the event of inclement weather, the regulated area will be enforced from 10 p.m. through 10:20 p.m. on July 21, 2017. (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, or his on-scene representative. (2) The safety zone is closed to all vessel traffic, except as may be E:\FR\FM\07JYR1.SGM 07JYR1 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations permitted by the Captain of the Port Detroit or his on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port Detroit 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 Captain of the Port Detroit or his onscene 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 313–568–9464. Vessel operators given permission to enter or operate in the regulated area must comply with all directions given to them by the Captain of the Port Detroit or his on-scene representative. Dated: July 3, 2017. J.W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2017–14303 Filed 7–6–17; 8:45 am] BILLING CODE 9110–04–P Local agency 2200 asabaliauskas on DSKBBXCHB2PROD with RULES Rule 2200 provides a mechanism for obtaining documentation of emission reductions resulting from trip reduction programs. According to the District, the rule is expected to help reduce VOC and NOX emissions by encouraging individuals to select rideshare alternatives rather than drive alone, and by educating employees and the public about the health impacts of motor vehicle pollution. We proposed to approve this rule because we determined that it complied with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation.1 II. Public Comments and EPA Responses The EPA’s proposed action provided a 30-day public comment period. During this period, we received no comments. 1 Our proposed rule mistakenly identified the adoption date of Antelope Valley Rule 2200 as July 20, 1999. The correct adoption date for the rule is January 19, 1999. 17:43 Jul 06, 2017 40 CFR Part 52 [EPA–R09–OAR–2016–0415; FRL–9962–53– Region 9] Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Antelope Valley Air Quality Management District (AVAQMD or ‘‘District’’) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) and oxides of nitrogen (NOX) from passenger vehicles. We are approving a local rule that encourages the use of rideshare alternatives as a means of travelling to worksites in the District. DATES: This rule will be effective on August 7, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2016–0415. All documents in the docket are listed on SUMMARY: Rule No. AVAQMD ................................ VerDate Sep<11>2014 ENVIRONMENTAL PROTECTION AGENCY Jkt 241001 the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415) 947– 4152, buss.jeffrey@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On March 10, 2017 at 82 FR 13280, the EPA proposed to approve the following rule into the California SIP. Adopted/ amended/ revised Rule title Transportation Outreach Program ......................................... III. EPA Action No comments were submitted. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving this rule into the California SIP. As we discussed in our proposed action, the rule establishes a framework for documenting emissions reductions from trip reduction programs, but does not require any specific trip reduction programs nor does it contain a good faith estimate of emission reductions. Consequently, it is not appropriate to credit this rule with emission reductions in the SIP. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the AVAQMD rule described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 31457 01/19/99 Submitted 10/29/99 continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under E:\FR\FM\07JYR1.SGM 07JYR1

Agencies

[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31455-31457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14303]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0500]
RIN 1625-AA00


Safety Zone; Port Huron Blue Water Fest Fireworks, St. Clair 
River, Port Huron, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 420-foot radius of a portion of the St. Clair 
River, Port Huron, MI. This zone is necessary to protect spectators and 
vessels from potential hazards associated with the Port Huron Blue 
Water Fest Fireworks. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Detroit.

DATES: This temporary final rule is effective from 10 p.m. on July 20, 
2017, through 10:20 p.m. on July 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0500 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
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 
until there was insufficient time remaining before the event to publish 
an NPRM.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this temporary 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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazard associated with fireworks from 10 p.m. to 10:20 p.m. 
on July 20, 2017 will be a safety concern to anyone within a 420-foot 
radius of the launch site. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone while the fireworks are being displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. through 10:20 p.m. 
on July 20, 2017. In the event of inclement weather the regulated area 
will be enforced from 10 p.m. through 10:20 p.m. on July 21, 2017. The 
safety zone will encompass all U.S. navigable waters of the St. Clair 
River, Port Huron, MI, within a 420-foot radius of position 
42[deg]58.846' N., 082[deg]25.201' 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 these statutes and executive orders.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.'' This 
rule has not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, it has not been reviewed by the 
Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing

[[Page 31456]]

Section 2 of the Executive Order of January 30, 2017 titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (February 2, 2017).
    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 St. Clair River from 10:00 p.m. 
to 10:20 p.m. on July 20 or July 21, 2017. Moreover, the Coast Guard 
will issue Broadcast Notice to Mariners 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting less than thirty minutes that will 
prohibit entry within 420-feet of the firework launch site. It is 
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(g) 
of the Commandant Instruction. A Record of Environmental Consideration 
(REC) supporting this determination is available in the docket where 
indicated in the ADDRESSES section of this preamble.

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.T09-0500 to read as follows:


Sec.  165.T09-0500  Safety Zone; Port Huron Blue Water Fest Fireworks, 
St. Clair River, Port Huron, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the St. Clair River, Port Huron, MI within a 420-
foot radius of position 42[deg]58.846' N., 082[deg]25.201' W. (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 10 p.m. through 10:20 p.m. on 
July 20, 2017. In the event of inclement weather, the regulated area 
will be enforced from 10 p.m. through 10:20 p.m. on July 21, 2017.
    (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, or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be

[[Page 31457]]

permitted by the Captain of the Port Detroit or his on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Detroit 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 Captain of the Port Detroit 
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 313-568-9464. 
Vessel operators given permission to enter or operate in the regulated 
area must comply with all directions given to them by the Captain of 
the Port Detroit or his on-scene representative.

    Dated: July 3, 2017.
J.W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-14303 Filed 7-6-17; 8:45 am]
 BILLING CODE 9110-04-P
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