Safety Zone; Algonac Fireworks, St. Clair River, Algonac, MI, 23230-23232 [2018-10647]
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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
FURTHER INFORMATION CONTACT
Department of Homeland Security Delegation
No. 0170.1.
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 lasting one hour that 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.
sradovich on DSK3GMQ082PROD with RULES
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:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
2. Add § 165.T09–0368 to read as
follows:
Coast Guard
■
§ 165.T09–0368 Safety Zone; Tuskegee
Airmen River Days Air Show, Detroit River,
Detroit, MI.
(a) Location. A safety zone is
established to include all U.S. navigable
waters of the Detroit River between the
following two lines extending 70 feet off
the bank to the US/Canadian
demarcation line: the first line is drawn
directly across the channel at position
42°19.444′ N, 083°03.114′ W (NAD 83);
the second line, to the north, is drawn
directly across the channel, at position
42°19.860′ N 083°01.683′ W (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) of this
section will be enforced from 12:30 p.m.
through 4 p.m. on June 22, 2018; 3 p.m.
through 5:30 p.m. on June 23, 2018 and
June 24, 2018; and 4 p.m. until 8 p.m.
on June 25, 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 3, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2018–10645 Filed 5–17–18; 8:45 am]
BILLING CODE 9110–04–P
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;
VerDate Sep<11>2014
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33 CFR Part 165
[Docket No. USCG–2018–0248]
RIN 1625–AA00
Safety Zone; Algonac Fireworks, St.
Clair River, Algonac, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 700-foot
radius of a portion of the St. Clair River,
Algonac, MI. This zone is necessary to
protect spectators and vessels from
potential hazards associated with the
Algonac Fireworks.
DATES: This temporary final rule is
effective from 10 p.m. on June 29, 2018
through 11:30 p.m. on June 30, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0248 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:
SUMMARY:
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)
E:\FR\FM\18MYR1.SGM
18MYR1
Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
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 29, 2018 through 11:30 p.m. on
June 30, 2018 will be a safety concern
to anyone within a 700-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 29, 2018 through
11:30 p.m. on June 30, 2018. The safety
zone will encompass all U.S. navigable
waters of the St. Clair River, Algonac,
MI, within a 700-foot radius of position
42°37.1′ N, 082°31.36′ 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.
sradovich on DSK3GMQ082PROD with RULES
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.
VerDate Sep<11>2014
15:59 May 17, 2018
Jkt 244001
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
the St. Clair River during enforced times
from 10 p.m. on June 29 through 11:30
p.m. on June 30, 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
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
23231
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 two
enforced times during the duration of
the safety zone lasting one and a half
hours each that will prohibit entry into
a designated area. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
E:\FR\FM\18MYR1.SGM
18MYR1
23232
Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
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:
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 3, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2018–10647 Filed 5–17–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0620; FRL–9978–
19—Region 9]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Approval and Promulgation of
Implementation Plans; California;
California Mobile Source Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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.T09–0248 to read as
follows:
■
sradovich on DSK3GMQ082PROD with RULES
§ 165.T09–0248 Safety Zone; Algonac
Fireworks, St. Clair River, Algonac, MI.
(a) Location. A safety zone is
established to include all U.S. navigable
waters of the St. Clair River, Algonac,
MI, within a 700-foot radius of position
42°37.1′ N, 082°31.36′ W (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) will be
enforced from 10 p.m. through 11:30
p.m. on June 29, 2018 and June 30,
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
VerDate Sep<11>2014
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Jkt 244001
The Environmental Protection
Agency (EPA) is taking final action to
approve a submittal by the State of
California (‘‘State’’) to revise its State
Implementation Plan (SIP). The
submittal consists of State regulations
establishing standards and other
requirements relating to the control of
emissions from certain new and in-use
on-road and off-road vehicles and
engines. The EPA is approving the SIP
revision because the regulations meet
the applicable requirements of the Clean
Air Act. Approval of these regulations
as part of the California SIP makes them
federally enforceable.
DATES: This rule is effective on June 18,
2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0620. All
documents in the docket are listed on
the https://www.regulations.gov website.
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
SUMMARY:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: John
Ungvarsky, EPA Region IX, (415) 972–
3963, ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
INFORMATION CONTACT
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 27, 2018 (83 FR 8403)
(‘‘proposed rule’’), the EPA proposed to
approve a SIP revision submitted by the
California Air Resources Board (CARB)
on June 15, 2017. The submittal consists
of certain state regulations establishing
standards and other requirements
relating to the control of emissions from
new on-road and new and in-use offroad vehicles and engines (referred to
herein as ‘‘mobile source regulations’’)
for which the EPA has previously issued
waivers or authorizations under section
209(b) or section 209(e)(2), respectively,
of the Clean Air Act (‘‘Act’’ or CAA).
Our proposed rule provided
background information concerning the
CAA, national ambient air quality
standards (NAAQS), SIPs, and other
matters pertinent to this rulemaking.
See 83 FR at 8403–8404. We noted in
particular that a basic content
requirement for SIPs is that they include
enforceable emission limitations and
other control measures, means, or
techniques as may be necessary or
appropriate to meet the applicable
requirements of the CAA (see section
110(a)(2)(A)). We also noted that the
EPA’s long-standing practice was to
allow California emissions reductions
credit for mobile source regulations for
which the EPA had issued waivers or
authorizations under section 209 but
that had not been submitted or
approved as part of the SIP. We noted
that the EPA’s rationale for this longstanding practice was rejected by the
United States Court of Appeals for the
Ninth Circuit in Committee for a Better
Arvin v. EPA, 786 F.3d 1169 (9th Cir.
2015) (Committee for a Better Arvin),
and that the decision in Committee for
a Better Arvin led to submittals by
CARB of numerous mobile source
regulations as SIP revisions on August
14, 2015, December 7, 2016, and June
15, 2017.
In our proposed rule, we described
CARB’s June 15, 2017 SIP revision as
consisting of the regulations themselves
and documentation of the public
E:\FR\FM\18MYR1.SGM
18MYR1
]]>Agencies
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23230-23232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10647]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-0248]
RIN 1625-AA00
Safety Zone; Algonac Fireworks, St. Clair River, Algonac, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 700-foot radius of a portion of the St. Clair
River, Algonac, MI. This zone is necessary to protect spectators and
vessels from potential hazards associated with the Algonac Fireworks.
DATES: This temporary final rule is effective from 10 p.m. on June 29,
2018 through 11:30 p.m. on June 30, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0248 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)
[[Page 23231]]
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 29,
2018 through 11:30 p.m. on June 30, 2018 will be a safety concern to
anyone within a 700-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 29, 2018
through 11:30 p.m. on June 30, 2018. The safety zone will encompass all
U.S. navigable waters of the St. Clair River, Algonac, MI, within a
700-foot radius of position 42[deg]37.1' N, 082[deg]31.36' 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 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 the St. Clair River during enforced
times from 10 p.m. on June 29 through 11:30 p.m. on June 30, 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
two enforced times during the duration of the safety zone lasting one
and a half hours each that will prohibit entry into a designated area.
It is categorically excluded from further review under paragraph L60(a)
of Appendix A, Table
[[Page 23232]]
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:
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.T09-0248 to read as follows:
Sec. 165.T09-0248 Safety Zone; Algonac Fireworks, St. Clair River,
Algonac, MI.
(a) Location. A safety zone is established to include all U.S.
navigable waters of the St. Clair River, Algonac, MI, within a 700-foot
radius of position 42[deg]37.1' N, 082[deg]31.36' W (NAD 83).
(b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 10 p.m. through 11:30 p.m. on June 29, 2018
and June 30, 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 3, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-10647 Filed 5-17-18; 8:45 am]
BILLING CODE 9110-04-P
