Safety Zone; Offshore Barrier Test, Lake Huron, North Lakeport, MI, 25373-25375 [2018-11646]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations
Rev. 01. A Record of Environmental
Consideration 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:
the call sign ‘‘PATCOM’’. They may be
contacted on VHF–FM channel 13 or 16,
or by phone at by telephone at 314–269–
2332.
(2) All persons and vessels permitted
to enter this safety zone must transit at
their 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 24, 2018.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
[FR Doc. 2018–11768 Filed 5–31–18; 8:45 am]
BILLING CODE 9110–04–P
■
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.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
2. Add § 165.T08–0379 to read as
follows:
33 CFR Part 165
§ 165.T08–0379 Safety Zone; Upper
Mississippi River, mile markers 179 to 180,
St. Louis, MO.
RIN 1625–AA00
jstallworth on DSKBBY8HB2PROD with RULES
■
[Docket No. USCG–2018–0477]
(a) Location. The following area is a
safety zone: all navigable waters of the
Upper Mississippi River between mile
markers (MMs) 179 to 180, extending
the entire width of the river, in St.
Louis, MO.
(b) Effective period. This section is
effective from noon on July 3, 2018
through 10:30 p.m. on July 4, 2018.
(c) Enforcement periods. This section
will be enforced as follows:
(1) On July 3, 2018, from noon
through 2 p.m.; and
(2) On July 4, 2018, from noon
through 2 p.m.; from 6:30 p.m. through
8:15 p.m.; and from 8:30 p.m. through
10:30 p.m.
(d) Regulations. (1) Under the general
safety zone regulations in § 165.23 of
this part, entry of vessels or persons into
this zone is prohibited unless
authorized by the Captain of the Port
Sector Upper Mississippi River (COTP)
or a designated representative. A
designated representative may be a
Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
VerDate Sep<11>2014
14:47 May 31, 2018
Jkt 244001
Safety Zone; Offshore Barrier Test,
Lake Huron, North Lakeport, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 2000 yard
radius of a portion of Lake Huron, MI.
This zone is necessary to protect a Coast
Guard Cutter and divers operating from
the vessel as part of a test of a maritime
oil recovery system.
DATES: This temporary final rule is
effective without actual notice from
June 1, 2018 through 4 p.m. on June 2,
2018. For the purposes of enforcement,
actual notice will be used from 7 a.m.
May 30, 2018 through June 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–
0477 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
SUMMARY:
If
you have questions on this temporary
rule, call or email Tracy Girard,
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
25373
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 offshore barrier test 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.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would inhibit the Coast
Guard’s ability to protect participants,
mariners and vessels from the hazards
associated with this event.
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 offshore barrier test
from 7 a.m. on May 30, 2018 through 4
p.m. on June 2, 2018 will be a safety
concern to anyone within a 2000 yard
radius of the site. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
offshore barrier test is being conducted.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7 a.m. on May 30 until 4 p.m. on
E:\FR\FM\01JNR1.SGM
01JNR1
25374
Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations
June 2, 2018. The safety zone will
encompass all U.S. navigable waters of
Lake Huron, North Lakeport, MI, within
a 2000 yard of position 43°08.7′ N,
082°26.5′ 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.
jstallworth on DSKBBY8HB2PROD 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 Huron from 7 a.m. on May 30,
2018 through 4 p.m. on June 2, 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
VerDate Sep<11>2014
14:47 May 31, 2018
Jkt 244001
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 (Public Law 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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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 lasting 4 days 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
E:\FR\FM\01JNR1.SGM
01JNR1
Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations
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.T09–0477 to read as
follows:
■
§ 165.T09–0477 Safety Zone; Offshore
Barrier Test, Lake Huron, North Lakeport,
MI.
(a) Location. A safety zone is
established to include all U.S. navigable
waters of Lake Huron, North Lakeport,
MI, within on a 2000 yard radius of
position 43°08.7″ N, 082°26.5″ W (NAD
83).
(b) Enforcement period. The regulated
area described in paragraph (a) of this
section will be enforced daily from 7
a.m. until 4 p.m. from May 30, 2018
until June 2, 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 23, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
The U.S. Copyright Office is
amending its regulation governing the
deposit of published copies or
phonorecords for the Library of
Congress to correct an inadvertent error.
DATES: Effective June 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Robert J. Kasunic, Associate Register of
Copyrights and Director of Registration
Policy and Practice, or Erik Bertin,
Deputy Director of Registration Policy
and Practice, by telephone at 202–707–
8040, or by email at rkas@loc.gov and
ebertin@loc.gov; or Anna Bonny
Chauvet, Assistant General Counsel, by
telephone at 202–707–8350, or by email
at achau@loc.gov.
SUPPLEMENTARY INFORMATION: On
January 17, 2018, the Office published
a final rule regarding the deposit
requirements for certain types of literary
works and musical compositions. 83 FR
2371 (Jan. 17, 2018) (‘‘Deposit
Requirements Final Rule’’). Among
other things, the Deposit Requirements
Final Rule amended 37 CFR 202.19. On
January 30, 2018, the Office published
a final rule regarding the group
registration of newspapers. 83 FR 4144
(Jan. 30, 2018 (‘‘Group Newspaper
Registration Final Rule’’). The Group
Newspaper Registration Final Rule also
amended 37 CFR 202.19, but the
amendments inadvertently eliminated a
provision that had been added by the
Deposit Requirements Final Rule. The
Deposit Requirements Final Rule went
into effect February 16, 2018. The Group
Newspaper Registration Final Rule went
into effect March 1, 2018.
Thus, the Copyright Office is
amending 37 CFR 202.19 to correct this
error.
SUMMARY:
List of Subjects in 37 CFR Part 202
Copyright.
Final Regulation
For the reasons set forth in the
preamble, the Copyright Office amends
37 CFR part 202, as follows:
[FR Doc. 2018–11646 Filed 5–31–18; 8:45 am]
BILLING CODE 9110–04–P
PART 202—PREREGISTRATION AND
REGISTRATION OF CLAIMS TO
COPYRIGHT
LIBRARY OF CONGRESS
■
1. The authority citation for part 202
continues to read as follows:
Copyright Office
Authority: 17 U.S.C. 408(f), 702.
2. Amend § 202.19 as follows:
a. Redesignate paragraph (d)(2)(ix) as
paragraph (d)(2)(x).
■ b. Add a new paragraph (d)(2)(ix) to
read as follows:
■
■
jstallworth on DSKBBY8HB2PROD with RULES
37 CFR Part 202
[Docket No. 2018–5]
Group Registration of Newspapers
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
14:47 May 31, 2018
Jkt 244001
§ 202.19 Deposit of published copies or
phonorecords for the Library of Congress.
*
PO 00000
*
*
Frm 00027
*
Fmt 4700
*
Sfmt 4700
25375
(d) * * *
(2) * * *
(ix) In the case of published literary
monographs, the deposit of one
complete copy of the best edition of the
work will suffice in lieu of the two
copies required by paragraph (d)(1) of
this section, unless the Copyright Office
issues a demand for a second copy
pursuant to 17 U.S.C. 407(d).
*
*
*
*
*
Dated: May 21, 2018.
Karyn A. Temple,
Acting Register of Copyrights and Director
of the U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2018–11841 Filed 5–31–18; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0058; FRL–9978–
61—Region 5]
Air Plan Approval; Michigan; Regional
Haze Progress Report
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the regional
haze progress report under the Clean Air
Act (CAA) as a revision to the Michigan
state implementation plan (SIP).
Michigan has satisfied the progress
report requirements of the Regional
Haze Rule. Michigan has also provided
a determination of the adequacy of its
regional haze plan with the progress
report.
SUMMARY:
This final rule is effective on July
2, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0058. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., 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 either through
www.regulations.gov or at the
Environmental Protection Agency,
DATES:
E:\FR\FM\01JNR1.SGM
01JNR1
]]>Agencies
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25373-25375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11646]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-0477]
RIN 1625-AA00
Safety Zone; Offshore Barrier Test, Lake Huron, North Lakeport,
MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 2000 yard radius of a portion of Lake Huron,
MI. This zone is necessary to protect a Coast Guard Cutter and divers
operating from the vessel as part of a test of a maritime oil recovery
system.
DATES: This temporary final rule is effective without actual notice
from June 1, 2018 through 4 p.m. on June 2, 2018. For the purposes of
enforcement, actual notice will be used from 7 a.m. May 30, 2018
through June 1, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0477 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 offshore barrier
test 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.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.
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 offshore barrier test from 7 a.m. on
May 30, 2018 through 4 p.m. on June 2, 2018 will be a safety concern to
anyone within a 2000 yard radius of the site. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the offshore barrier test is being
conducted.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. on May 30 until 4
p.m. on
[[Page 25374]]
June 2, 2018. The safety zone will encompass all U.S. navigable waters
of Lake Huron, North Lakeport, MI, within a 2000 yard of position
43[deg]08.7' N, 082[deg]26.5' 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 Lake Huron from 7 a.m. on May 30,
2018 through 4 p.m. on June 2, 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 (Public Law 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 lasting 4 days 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
[[Page 25375]]
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.T09-0477 to read as follows:
Sec. 165.T09-0477 Safety Zone; Offshore Barrier Test, Lake Huron,
North Lakeport, MI.
(a) Location. A safety zone is established to include all U.S.
navigable waters of Lake Huron, North Lakeport, MI, within on a 2000
yard radius of position 43[deg]08.7'' N, 082[deg]26.5'' W (NAD 83).
(b) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced daily from 7 a.m. until 4 p.m.
from May 30, 2018 until June 2, 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 23, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-11646 Filed 5-31-18; 8:45 am]
BILLING CODE 9110-04-P
