Safety Zone; Port Huron Blue Water Fest Fireworks, St. Clair River, Port Huron, MI, 31455-31457 [2017-14303]
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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.
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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
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07JYR1
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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
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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
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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
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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
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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