Safety Zone; Grosse Pointe Farms Fireworks, Lake St. Clair, Grosse Pointe Farms, MI, 21714-21716 [2018-09935]

Download as PDF 21714 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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. entry into this zone is prohibited unless authorized by the COTP or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Marine Safety Unit Pittsburgh. (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or 67. (3) All persons and vessels permitted to enter this safety zone must transit at the slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. (e) Informational broadcasts. The COTP or a designated representative will inform the public of the effective period for the safety zone as well as any changes in the dates and times of enforcement through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate. Dated: May 4, 2018. L. Mcclain, Jr., Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit Pittsburgh. [FR Doc. 2018–09920 Filed 5–9–18; 8:45 am] 2. Add § 165.T08–0422 to read as follows: BILLING CODE 9110–04–P § 165.T08–0422 Safety Zone; Ohio River mile marker 27.8 to mile marker 28.2, Vanport, PA. daltland on DSKBBV9HB2PROD with RULES ■ DEPARTMENT OF HOMELAND SECURITY (a) Location. The following area is a safety zone: All navigable waters of the Ohio River from mile marker (MM) 27.8 to MM 28.2. (b) Effective period. This rule is effective from 8 a.m. on May 6, 2018 through 6 p.m. on May 11, 2018. (c) Enforcement period. This section will be enforced during the week of May 6, 2018 through May 11, 2018 subject to cargo delivery intervals and potential inclement weather, 30 minutes prior to, during, and 1 hour after any cargo movement in the vicinity of the Vanport Highway Bridge. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative will inform the public of the enforcement period through Broadcast Notice to Mariners (BNM), Local Notices to Mariners (LNM), and/or Marine Safety Information Broadcasts (MSIBs) or through other means of public notice at least 3 hours in advance of the enforcement period. A safety vessel will coordinate all vessel traffic during the enforcement of this safety zone. (d) Regulations. (1) In accordance with the general regulations in § 165.23, Coast Guard VerDate Sep<11>2014 15:51 May 09, 2018 Jkt 244001 33 CFR Part 165 [Docket No. USCG–2018–0400] RIN 1625–AA00 Safety Zone; Grosse Pointe Farms Fireworks, Lake St. Clair, Grosse Pointe Farms, MI Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for navigable waters within a 560-foot radius of a portion of Lake St. Clair, Grosse Pointe Farms, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Grosse Pointe Farms Fireworks. DATES: This temporary final rule is effective from 10 p.m. on June 30, 2018 through 11 p.m. on July 1, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2018– SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 0400 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 COTP Captain of the Port Detroit 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 in time to publish an NPRM. As such, it is impracticable to publish an NPRM because we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. 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. on June 30, 2018 through 11 p.m. on July 1, 2018 will be a safety concern to anyone within a 560-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. on June 30, 2018 through 11 p.m. on July 1, 2018. The safety zone will encompass all U.S. navigable E:\FR\FM\10MYR1.SGM 10MYR1 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations waters of Lake St. Clair, Grosse Pointe Farms, MI, within a 560-foot radius of position 42°23.50′ N, 082°53.15′ W (NAD 83). The safety zone will be enforced from 10 p.m. to 11 p.m. on June 30, 2018. In the case of inclement weather on June 30, 2018, this safety zone will be enforced from 10 p.m. to 11 p.m. on July 1, 2018. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. daltland on DSKBBV9HB2PROD with RULES A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-year of the safety zone. Vessel traffic will be able to safely transit around this safety zone which will impact a small designated area of Lake St. Clair from 10 p.m. on June 30, 2018 through 11 p.m. on July 1, 2018. Moreover, the Coast Guard will issue Broadcast Notice to Mariners (BNM) via VHF–FM marine channel 16 about the zone and the rule allows vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a VerDate Sep<11>2014 15:51 May 09, 2018 Jkt 244001 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, PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 21715 or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone that will be enforced for one hour and will prohibit entry into a designated area. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: E:\FR\FM\10MYR1.SGM 10MYR1 21716 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS DEPARTMENT OF HOMELAND SECURITY 1. The authority citation for part 165 continues to read as follows: Coast Guard ■ 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.T09–0400 to read as follows: ■ daltland on DSKBBV9HB2PROD with RULES BILLING CODE 9110–04–P VerDate Sep<11>2014 15:51 May 09, 2018 Jkt 244001 Safety Zones; Annual Events in the Captain of the Port Detroit Zone Coast Guard, DHS. Notice of enforcement of regulation. ACTION: The Coast Guard will enforce various safety zones for annual marine events in the Captain of the Port Detroit zone from 8:30 p.m. on May 27, 2018 through 10:30 p.m. on September 2, 2018. Enforcement of these zones is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after these fireworks events. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after fireworks events. During each enforcement period, no person or vessel may enter the respective safety zone without permission of the Captain of the Port or his designated representative. DATES: The regulations in 33 CFR 165.941 will be enforced at various dates and times between 8:30 p.m. on May 27, 2018 through 10:30 p.m. on September 2, 2018. FOR FURTHER INFORMATION CONTACT: If you have questions on this document, call or email Tracy Girard, Prevention, Sector Detroit, Coast Guard; telephone (313) 568–9564, or email Tracy.M.Girard@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zones listed in 33 CFR 165.941, Safety Zones; Annual Events in the Captain of the Port Detroit Zone, at the following dates and times for the following events: (1) Catawba Island Club Fireworks, Catawba Island, OH. The safety zone listed in § 165.941(a)(56) will be enforced from 8:30 p.m. to 9:30 p.m. on May 27, 2018. (2) Ford (formerly Target) Fireworks, Detroit, MI. The first safety zone, listed in § 165.941(a)(50)(i)(A), will be enforced from 8 a.m. on June 22, 2018 to 8 p.m. on June 25, 2018. In the case of inclement weather on the scheduled day, this safety zone will be enforced on June 26, 2018 until 11:59 p.m. The second safety zone, listed in § 165.941(a)(50)(i)(B), will be enforced SUMMARY: (a) Location. A safety zone is established to include all U.S. navigable waters of Lake St. Clair, Grosse Pointe Farms, MI, within a 560-foot radius of position 42°23.50′ N, 082°53.15′ W (NAD 83). (b) Enforcement period. The regulated area described in paragraph (a) of this section will be enforced from 10 p.m. to 11 p.m. on June 30, 2018. In the case of inclement weather on June 30, 2018, this safety zone will be enforced from 10 p.m. to 11 p.m. on July 1, 2018. (c) Regulations. (1) No vessel or person may enter, transit through, or anchor within the safety zone unless authorized by the Captain of the Port Detroit (COTP), or his on-scene representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or his on-scene representative. (3) The ‘‘on-scene representative’’ of COTP is any Coast Guard commissioned, warrant or petty officer or a Federal, State, or local law enforcement officer designated by or assisting the Captain of the Port Detroit to act on his behalf. (4) Vessel operators shall contact the COTP or his on-scene representative to obtain permission to enter or operate within the safety zone. The COTP or his on-scene representative may be contacted via VHF Channel 16 or at (313) 568–9464. Vessel operators given permission to enter or operate in the regulated area must comply with all directions given to them by the COTP or his on-scene representative. [FR Doc. 2018–09935 Filed 5–9–18; 8:45 am] [Docket No. USCG–2018–0265] AGENCY: § 165.T09–0400 Safety Zone; Grosse Pointe Farms Fireworks, Lake St. Clair, Grosse Pointe Farms, MI. Dated: May 4, 2018. Jeffrey W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. 33 CFR Part 165 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 from 7 p.m. to 11:55 p.m. on June 25, 2018. The third safety zone listed in § 165.941(a)(50)(i)(C), will be enforced from 6 p.m. to 11:59 p.m. on June 25, 2018. (3) Harbor Beach Fireworks, Harbor Beach, MI. The safety zone listed in the § 165.941(a)(8) will be enforced from 9:45 p.m. to 11 p.m. on July 14, 2018. In the case of inclement weather on July 14, 2018, this safety zone will be enforced from 9:45 p.m. to 11 p.m. on July 15, 2018. (4) Bay City Fireworks Festival, Bay City, MI. The safety zone listed in § 165.941(a)(53), will be enforced from 10 p.m. to 10:55 p.m. on July 5, July 6, and July 7, 2018. In the case of inclement weather on any scheduled day, this safety zone will be enforced from 10 p.m. to 10:55 p.m. on July 8, 2018. (5) Lexington Independence Festival Fireworks, Lexington, MI. The safety zone listed in § 165.941(a)(42), will be enforced from 10 p.m. to 10:30 p.m. on July 6, 2018. In the case of inclement weather on July 6, 2018, this safety zone will be enforced from 10 p.m. to 10:30 p.m. on July 7, 2018. (6) Catawba Island Club Fireworks, Catawba Island, OH. The safety zone listed in § 165.941(a)(21) will be enforced from 9 p.m. to 10 p.m. on July 3, 2018. (7) Harrisville Fireworks, Harrisville, MI. The safety zone listed in § 165.941(a)(7), will be enforced from 10 p.m. to 11 p.m. on July 7, 2018. In the case of inclement weather on July 7, 2018, this safety zone will be enforced from 10 p.m. to 10:30 p.m. on July 8, 2018. (8) Red, White and Blues Bang Fireworks, Huron, OH. The safety zone listed in § 165.941(a)(22) will be enforced between from 10 p.m. to 10:45 p.m. on July 7, 2018. In the case of inclement weather on July 7, 2018, this safety zone will be enforced from 10 p.m. to 10:45 p.m. on July 8, 2018. (9) Port Sanilac Fireworks, Port Sanilac, MI. The safety zone listed in § 165.941(a)(38) will be enforced from 10 p.m. to 11 p.m. on July 7, 2018. In the case of inclement weather on July 7, 2018, this safety zone will be enforced from 10 p.m. to 10:45 p.m. on July 8, 2018. (10) Oscoda Township Fireworks, Oscoda, MI. The safety zone listed in § 165.941(a)(32) will be enforced from 10 p.m. to 10:30 p.m. on July 4, 2018. In the case of inclement weather on July 4, 2018, this safety zone will be enforced from 10 p.m. to 10:30 p.m. on July 5, 2018. (11) Lakeside July 4th Fireworks, Lakeside, OH. The safety zone listed in E:\FR\FM\10MYR1.SGM 10MYR1

Agencies

[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21714-21716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09935]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0400]
RIN 1625-AA00


Safety Zone; Grosse Pointe Farms Fireworks, Lake St. Clair, 
Grosse Pointe Farms, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 560-foot radius of a portion of Lake St. 
Clair, Grosse Pointe Farms, MI. This zone is necessary to protect 
spectators and vessels from potential hazards associated with the 
Grosse Pointe Farms Fireworks.

DATES: This temporary final rule is effective from 10 p.m. on June 30, 
2018 through 11 p.m. on July 1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0400 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Detroit
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the final details of this fireworks display 
in time to publish an NPRM. As such, it is impracticable to publish an 
NPRM because we lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing the rule.

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. on June 30, 
2018 through 11 p.m. on July 1, 2018 will be a safety concern to anyone 
within a 560-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. on June 30, 2018 
through 11 p.m. on July 1, 2018. The safety zone will encompass all 
U.S. navigable

[[Page 21715]]

waters of Lake St. Clair, Grosse Pointe Farms, MI, within a 560-foot 
radius of position 42[deg]23.50' N, 082[deg]53.15' W (NAD 83). The 
safety zone will be enforced from 10 p.m. to 11 p.m. on June 30, 2018. 
In the case of inclement weather on June 30, 2018, this safety zone 
will be enforced from 10 p.m. to 11 p.m. on July 1, 2018. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Lake St. Clair from 10 p.m. on June 
30, 2018 through 11 p.m. on July 1, 2018. Moreover, the Coast Guard 
will issue Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 
16 about the zone and the rule allows vessels to seek permission to 
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone that will be enforced for one hour and will prohibit 
entry into a designated area. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

[[Page 21716]]

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.T09-0400 to read as follows:


Sec.  165.T09-0400   Safety Zone; Grosse Pointe Farms Fireworks, Lake 
St. Clair, Grosse Pointe Farms, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of Lake St. Clair, Grosse Pointe Farms, MI, within a 
560-foot radius of position 42[deg]23.50' N, 082[deg]53.15' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 10 p.m. to 11 p.m. on June 
30, 2018. In the case of inclement weather on June 30, 2018, this 
safety zone will be enforced from 10 p.m. to 11 p.m. on July 1, 2018.
    (c) Regulations. (1) No vessel or person may enter, transit 
through, or anchor within the safety zone unless authorized by the 
Captain of the Port Detroit (COTP), or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State, or local 
law enforcement officer designated by or assisting the Captain of the 
Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the COTP or his on-scene 
representative to obtain permission to enter or operate within the 
safety zone. The COTP or his on-scene representative may be contacted 
via VHF Channel 16 or at (313) 568-9464. Vessel operators given 
permission to enter or operate in the regulated area must comply with 
all directions given to them by the COTP or his on-scene 
representative.

    Dated: May 4, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-09935 Filed 5-9-18; 8:45 am]
 BILLING CODE 9110-04-P

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