Safety Zone; St. Ignace Fireworks Displays, St. Ignace, MI, 32465-32467 [2017-14740]
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Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Rules and Regulations
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at any time. The
bridge will be able to open for
emergencies, if at least 10 minutes
notice is given, and there is no
immediate alternative route for vessels
unable to pass through the bridge in the
closed position. The Coast Guard will
also inform the users of the waterway
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: July 11, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2017–14799 Filed 7–13–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0472]
RIN 1625–AA00
Safety Zone; St. Ignace Fireworks
Displays, St. Ignace, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the Captain of the Port, Sault Sainte
Marie zone. This safety zone is intended
to restrict vessels from certain portions
of Lake Huron during firework displays
in East Moran Bay. This temporary
safety zone is necessary to protect
spectators and vessels from the potential
hazards associated with the fallout from
the aerial displays.
DATES: This rule is effective without
actual notice from July 14, 2017 to 10:00
p.m. on September 10, 2017. For
purposes of enforcement, actual notice
will be used from 10:00 p.m. on June 24,
2017 to July 14, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
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SUMMARY:
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‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Sector Sault Sainte Marie
Waterways Management Division, U.S.
Coast Guard; telephone 906–253–2443,
email SSMPrevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Acronyms
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 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM with respect to this rule because
doing so would be impracticable. The
Coast Guard received the safety zone
request on March 9, 2017. The Coast
Guard did not receive the final details
of the requested safety zone with
sufficient time for a comment period to
run before the start of the fireworks
display. Thus, delaying this rule to wait
for a notice and comment period to run
would be impracticable because it
would inhibit the Coast Guard’s ability
to protect the public from the potential
hazards associated with the fireworks
display.
We are issuing this final rule, and
under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making it effective less than 30 days
after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph, a
30 day notice period would be
impracticable.
III. Legal Authority and Need for Rule
The legal basis for the rule is the
Coast Guard’s authority to establish
safety zones: 33 U.S.C. 1231; 33 CFR
1.05–1, 160.5; Department of Homeland
Security Delegation No. 0170.1.
On every Saturday from June 24th to
September 9th, 2017 and on July 4th
2017, St. Ignace will have fireworks
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32465
displays at the end of the Arnold Transit
Mill Slip. The state of Michigan
regulates fireworks displays. This action
is only for the safety zone. The Captain
of the Port Sault Sainte Marie has
determined that the pyrotechnics
display will pose a significant risk to
public safety and property. Such
hazards include premature and
accidental detonations, falling and
burning debris, and collisions among
spectator vessels. The special design of
water shells requires a safety zone of at
least 1,400 feet.
IV. Discussion of the Rule
This rule is necessary to ensure the
safety of vessels during the
aforementioned displays. The temporary
safety zone will encompass all U.S.
waters of Lake Huron within a 1,400
foot radius from the end of Arnold
Transit Mill Slip located at 45°52′24.6″
N., 084°43′18.1″ W. The safety zone will
be enforced from 10:00 p.m. to 11:30
p.m. on June 24, 2017, from 10:00 p.m.
to 11:30 p.m. on July 4, 2017, from 10:00
p.m. to 11:30 p.m. on July 8, 2017, from
9:45 p.m. to 11:15 p.m. on July 15, 2017,
from 9:45 p.m. to 11:15 p.m. on July 22,
2017, from 9:30 p.m. to 11:00 p.m. on
July 29, 2017, from 9:30 p.m. to 11:00
p.m. on August 5, 2017, from 9:30 p.m.
to 11:00 p.m. on August 12, 2017, from
9:30 p.m. to 11:00 p.m. on August 19,
2017, from 9:30 p.m. to 11:00 p.m. on
August 26, 2017, from 9:30 p.m. to 11:00
p.m. on September 2, 2017, from 9:00
p.m. to 10:00 p.m. on September 9,
2017. If the fireworks are cancelled on
Saturday due to inclement weather,
then this section will be enforced on the
following day. The rule will be enforced
with actual notice as-needed to mitigate
risks associated with the display.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Sault Sainte Marie, or a designated
on-scene representative. The Captain of
the Port or a designated on-scene
representative may be contacted via
VHF Channel 16 or telephone at 906–
635–3233.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on these statutes and
E.O.s and we discuss First Amendment
rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
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Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Rules and Regulations
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 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
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
We conclude that this rule is not a
significant regulatory action because we
anticipate that 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 is confined to
area encompassing the potential
firework fallout area and will be
enforced only for the duration of the
display. Under certain conditions,
moreover, vessels may still transit
through the safety zones when
permitted by the Captain of the Port.
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B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of the
vessels intending to transit or anchor in
the vicinity of the safety zone.
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This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the reasons identified in the Regulatory
Planning and Review section. Further,
the Coast Guard will give advance
notice to the public via a Broadcast
Notice to Mariners so the public 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. 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
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
E.O. 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
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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
establishment of a safety zone and,
therefore, is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 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. However, 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 Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Rules and Regulations
I. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
J. Protection of Children
We have analyzed this rule under
Executive Order 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 Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
L. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirement, 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.T09–0472 to read as
follows:
■
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§ 165.T09–0472 Safety Zone; St. Ignace
Fireworks Displays, St. Ignace, Michigan.
(a) Location. The following areas are
temporary safety zones: All U.S.
navigable waters of Lake Huron within
a 1,400 foot radius from the end of
Arnold Transit Mill Slip located at
45°52′24.6″ N., 084°43′18.1″ W.
(b) Effective and enforcement period.
This rule is effective from 10:00 p.m. on
June 24, 2017 to 10:00 p.m. on
September 10, 2017. The safety zone
will be enforced from 10:00 p.m. to
11:30 p.m. on June 24, 2017, from 10:00
p.m. to 11:30 p.m. on July 4, 2017, from
10:00 p.m. to 11:30 p.m. on July 8, 2017,
from 9:45 p.m. to 11:15 p.m. on July 15,
2017, from 9:45 p.m. to 11:15 p.m. on
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July 22, 2017, from 9:30 p.m. to 11:00
p.m. on July 29, 2017, from 9:30 p.m. to
11:00 p.m. on August 5, 2017, from 9:30
p.m. to 11:00 p.m. on August 12, 2017,
from 9:30 p.m. to 11:00 p.m. on August
19, 2017, from 9:30 p.m. to 11:00 p.m.
on August 26, 2017, from 9:30 p.m. to
11:00 p.m. on September 2, 2017, from
9:00 p.m. to 10:00 p.m. on September 9,
2017. If the fireworks are cancelled on
Saturday due to inclement weather,
then this section will be enforced on the
following day. The rule will be enforced
with actual notice as-needed to mitigate
risks associated with the display.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within
these safety zones are prohibited unless
authorized by the Captain of the Port,
Sault Sainte Marie or his on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Sault Sainte Marie or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sault Sainte
Marie is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sault Sainte Marie to act on
his or her behalf. The on-scene
representative of the Captain of the Port,
Sault Sainte Marie will be aboard a
Coast Guard vessel.
(4) Vessel Operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sault
Sainte Marie, or his on-scene
representative to obtain permission to
do so. The Captain of the Port, Sault
Sainte Marie or his on-scene
representative may be contacted via
VHF Channel 16 or telephone at 906–
635–3233. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port, Sault Sainte Marie or his onscene representative.
Dated: June 23, 2017.
M.R. Broz,
Captain, U.S. Coast Guard, Captain of the
Port, Sault Sainte Marie.
[FR Doc. 2017–14740 Filed 7–13–17; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0576]
RIN 1625–AA00
Safety Zone; Oswego Harborfest Water
Ski Show; Oswego Harbor, Oswego,
NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Oswego Harbor, Oswego, NY. This
safety zone is intended to restrict
vessels from portions of the Oswego
Harbor during the Oswego Harborfest
Water Ski Show on July 29, 2017 and
July 30, 2017. This temporary safety
zone is necessary to protect mariners
and vessels from the navigational
hazards associated with high speed craft
and water skiers. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Buffalo.
DATES: This rule is effective from 10:45
a.m. on July 29, 2017 to 5:45 p.m. July
30, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0576 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 about this
rulemaking, call or email LT Michael
Collet, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo;
telephone 716–843–9322, email D09SMB-SECBuffalo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
E:\FR\FM\14JYR1.SGM
14JYR1
]]>Agencies
[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Rules and Regulations]
[Pages 32465-32467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14740]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0472]
RIN 1625-AA00
Safety Zone; St. Ignace Fireworks Displays, St. Ignace, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Captain of the Port, Sault Sainte Marie zone. This safety zone is
intended to restrict vessels from certain portions of Lake Huron during
firework displays in East Moran Bay. This temporary safety zone is
necessary to protect spectators and vessels from the potential hazards
associated with the fallout from the aerial displays.
DATES: This rule is effective without actual notice from July 14, 2017
to 10:00 p.m. on September 10, 2017. For purposes of enforcement,
actual notice will be used from 10:00 p.m. on June 24, 2017 to July 14,
2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://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 rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Sector Sault Sainte Marie Waterways Management Division,
U.S. Coast Guard; telephone 906-253-2443, email SSMPrevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Acronyms
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 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable. The Coast Guard received the
safety zone request on March 9, 2017. The Coast Guard did not receive
the final details of the requested safety zone with sufficient time for
a comment period to run before the start of the fireworks display.
Thus, delaying this rule to wait for a notice and comment period to run
would be impracticable because it would inhibit the Coast Guard's
ability to protect the public from the potential hazards associated
with the fireworks display.
We are issuing this final rule, and under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making it effective less
than 30 days after publication in the Federal Register. For the same
reasons discussed in the preceding paragraph, a 30 day notice period
would be impracticable.
III. Legal Authority and Need for Rule
The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
On every Saturday from June 24th to September 9th, 2017 and on July
4th 2017, St. Ignace will have fireworks displays at the end of the
Arnold Transit Mill Slip. The state of Michigan regulates fireworks
displays. This action is only for the safety zone. The Captain of the
Port Sault Sainte Marie has determined that the pyrotechnics display
will pose a significant risk to public safety and property. Such
hazards include premature and accidental detonations, falling and
burning debris, and collisions among spectator vessels. The special
design of water shells requires a safety zone of at least 1,400 feet.
IV. Discussion of the Rule
This rule is necessary to ensure the safety of vessels during the
aforementioned displays. The temporary safety zone will encompass all
U.S. waters of Lake Huron within a 1,400 foot radius from the end of
Arnold Transit Mill Slip located at 45[deg]52'24.6'' N.,
084[deg]43'18.1'' W. The safety zone will be enforced from 10:00 p.m.
to 11:30 p.m. on June 24, 2017, from 10:00 p.m. to 11:30 p.m. on July
4, 2017, from 10:00 p.m. to 11:30 p.m. on July 8, 2017, from 9:45 p.m.
to 11:15 p.m. on July 15, 2017, from 9:45 p.m. to 11:15 p.m. on July
22, 2017, from 9:30 p.m. to 11:00 p.m. on July 29, 2017, from 9:30 p.m.
to 11:00 p.m. on August 5, 2017, from 9:30 p.m. to 11:00 p.m. on August
12, 2017, from 9:30 p.m. to 11:00 p.m. on August 19, 2017, from 9:30
p.m. to 11:00 p.m. on August 26, 2017, from 9:30 p.m. to 11:00 p.m. on
September 2, 2017, from 9:00 p.m. to 10:00 p.m. on September 9, 2017.
If the fireworks are cancelled on Saturday due to inclement weather,
then this section will be enforced on the following day. The rule will
be enforced with actual notice as-needed to mitigate risks associated
with the display.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Sault Sainte
Marie, or a designated on-scene representative. The Captain of the Port
or a designated on-scene representative may be contacted via VHF
Channel 16 or telephone at 906-635-3233.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on these statutes and E.O.s and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is
[[Page 32466]]
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
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 Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
We conclude that this rule is not a significant regulatory action
because we anticipate that 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 is
confined to area encompassing the potential firework fallout area and
will be enforced only for the duration of the display. Under certain
conditions, moreover, vessels may still transit through the safety
zones when permitted by the Captain of the Port.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of the vessels intending to
transit or anchor in the vicinity of the safety zone.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons identified in the
Regulatory Planning and Review section. Further, the Coast Guard will
give advance notice to the public via a Broadcast Notice to Mariners so
the public 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. 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 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 E.O. 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 establishment of a safety zone and, therefore, is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 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.
However, 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 Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
[[Page 32467]]
I. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
J. Protection of Children
We have analyzed this rule under Executive Order 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 Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
L. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirement, 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.T09-0472 to read as follows:
Sec. 165.T09-0472 Safety Zone; St. Ignace Fireworks Displays, St.
Ignace, Michigan.
(a) Location. The following areas are temporary safety zones: All
U.S. navigable waters of Lake Huron within a 1,400 foot radius from the
end of Arnold Transit Mill Slip located at 45[deg]52'24.6'' N.,
084[deg]43'18.1'' W.
(b) Effective and enforcement period. This rule is effective from
10:00 p.m. on June 24, 2017 to 10:00 p.m. on September 10, 2017. The
safety zone will be enforced from 10:00 p.m. to 11:30 p.m. on June 24,
2017, from 10:00 p.m. to 11:30 p.m. on July 4, 2017, from 10:00 p.m. to
11:30 p.m. on July 8, 2017, from 9:45 p.m. to 11:15 p.m. on July 15,
2017, from 9:45 p.m. to 11:15 p.m. on July 22, 2017, from 9:30 p.m. to
11:00 p.m. on July 29, 2017, from 9:30 p.m. to 11:00 p.m. on August 5,
2017, from 9:30 p.m. to 11:00 p.m. on August 12, 2017, from 9:30 p.m.
to 11:00 p.m. on August 19, 2017, from 9:30 p.m. to 11:00 p.m. on
August 26, 2017, from 9:30 p.m. to 11:00 p.m. on September 2, 2017,
from 9:00 p.m. to 10:00 p.m. on September 9, 2017. If the fireworks are
cancelled on Saturday due to inclement weather, then this section will
be enforced on the following day. The rule will be enforced with actual
notice as-needed to mitigate risks associated with the display.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within these safety
zones are prohibited unless authorized by the Captain of the Port,
Sault Sainte Marie or his on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sault Sainte Marie or his on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sault
Sainte Marie to act on his or her behalf. The on-scene representative
of the Captain of the Port, Sault Sainte Marie will be aboard a Coast
Guard vessel.
(4) Vessel Operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sault Sainte Marie, or his
on-scene representative to obtain permission to do so. The Captain of
the Port, Sault Sainte Marie or his on-scene representative may be
contacted via VHF Channel 16 or telephone at 906-635-3233. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the Captain of the Port,
Sault Sainte Marie or his on-scene representative.
Dated: June 23, 2017.
M.R. Broz,
Captain, U.S. Coast Guard, Captain of the Port, Sault Sainte Marie.
[FR Doc. 2017-14740 Filed 7-13-17; 8:45 am]
BILLING CODE 9110-04-P
