Safety Zone; Yankee Air Museum's Fundraiser Air Demonstration, Lake St. Clair, Grosse Pointe Farms, MI, 33127-33129 [2018-15182]
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
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
special local regulation lasting 3 days
that will prohibit entry into a designated
area. It is categorically excluded from
further review under paragraph L[61] 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 100
Marine safety, Navigation (water),
Reporting and record keeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
§ 100.T09–0673 Special Local Regulation;
2018 Detroit Hydrofest, Detroit River,
Detroit, MI.
DEPARTMENT OF HOMELAND
SECURITY
(a) Location. The special local
regulation will encompass all U.S.
waters of the Detroit River in Scott
Middle Ground, north of Belle Isle,
Michigan, starting at positions
42°20.506′ N 083°00.016′ W on the
Douglas MacArthur Bridge; extending
east to the Belle Isle Crib Light at
42°21.205′ N 082°57.996′ W (NAD 83).
(b) Enforcement period. A temporary
special local is in effect from 7 a.m. on
August 24, 2018 until 7 p.m. August 26,
2018. The regulation will be enforced
from 12 p.m. until 7 p.m. on August 24,
2018, and from 7 a.m. until 7 p.m. on
August 25 and August 26, 2018.
(c) Regulations. (1) No vessels or
person may enter, transit through, or
anchor within the regulated navigation
area unless authorized by the Captain of
the Port Detroit, or his on-scene
representative.
(2) The regulated area is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Detroit is any
Coast Guard commissioned, warrant or
petty officer or a Federal, State, or local
law enforcement officer designated by
or assisting the Captain of the Port
Detroit to act on his behalf.
(4) Vessel operators shall contact the
Captain of the Port Detroit or his onscene representative to obtain
permission to enter or operate within
the regulated area. The Captain of the
Port Detroit or his on-scene
representative may be contacted via
VHF Channel 16 or at (313) 568–9560.
Vessel operators given permission to
enter or operate in the regulated area
must comply with all directions given to
them by the Captain of the Port Detroit
or his on-scene representative.
Coast Guard
Dated: July 10, 2018.
Kevin D. Floyd,
Commander, U.S. Coast Guard, Acting
Captain of the Port Detroit.
[FR Doc. 2018–15159 Filed 7–16–18; 8:45 am]
BILLING CODE 9110–04–P
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PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T09–0673 to read as
follows:
■
VerDate Sep<11>2014
16:09 Jul 16, 2018
Jkt 244001
33127
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33 CFR Part 165
[Docket No. USCG–2018–0690]
RIN 1625–AA00
Safety Zone; Yankee Air Museum’s
Fundraiser Air Demonstration, Lake St.
Clair, Grosse Pointe Farms, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters in the vicinity of
Grosse Pointe Farms, MI. This zone is
necessary to protect spectators and
vessels from potential hazards
associated with the Yankee Air
Museum’s Fundraiser Air
Demonstration.
SUMMARY:
This temporary final rule is
effective from 8 p.m. until 8:30 p.m. July
18, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0690 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:
DATES:
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
E:\FR\FM\17JYR1.SGM
17JYR1
33128
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
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 air demonstration 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 an aircraft aerial
display proximate to a gathering of
watercraft poses a significant risk to
public safety and property. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the air demonstration is being
displayed.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8 p.m. through 8:30 p.m. July 18,
2018. The safety zone will encompass
all U.S. navigable waters of Lake St.
Clair with in the following corner
points: Northeast corner, 42°24.670′ N,
082°51.594′ W, Northwest corner
42°24.671′ N, 082°51.368′ W, Southeast
corner 42°24.034′ N, 082°51.857′ W,
Southwest corner 42°24.023′ N,
082°51.626′ 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.
daltland on DSKBBV9HB2PROD 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.
VerDate Sep<11>2014
16:09 Jul 16, 2018
Jkt 244001
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 for no more than thirty
minutes. 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
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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
E:\FR\FM\17JYR1.SGM
17JYR1
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting less than thirty minutes
that will prohibit entry 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:
■
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.T09–0690 to read as
follows:
■
daltland on DSKBBV9HB2PROD with RULES
(a) Location. A safety zone is
established to include all U.S. navigable
waters of Lake St. Clair within the
following corner points: Northeast
corner, 42°24.670′ N, 082°51.594′ W,
Northwest corner 42°24.671′ N,
082°51.368′ W, Southeast corner
42°24.034′ N, 082°51.857′ W, Southwest
corner 42°24.023′ N, 082°51.626′ W
(NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) will be
enforced 8 p.m. through 8:30 p.m. on
July 18, 2018.
(c) Regulations. (1) No vessel or
person may enter, transit through, or
16:09 Jul 16, 2018
Jkt 244001
Dated: July 11, 2018.
Kevin D. Floyd,
Commander, U.S. Coast Guard, Acting
Captain of the Port Detroit.
[FR Doc. 2018–15182 Filed 7–16–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 2
[Docket No. PTO–T–2017–0032]
RIN 0651–AD23
Removal of Rules Governing
Trademark Interferences
United States Patent and
Trademark Office, Commerce.
ACTION: Final rule.
AGENCY:
The United States Patent and
Trademark Office (USPTO or Office)
amends the Rules of Practice in
Trademark Cases to remove the rules
governing trademark interferences. This
rule arises out of the USPTO’s work
during FY 2017 to identify and propose
regulations for removal, modification,
and streamlining because they are
outdated, unnecessary, ineffective,
costly, or unduly burdensome on the
agency or the private sector. The
revisions put into effect the work the
USPTO has done, in part through its
participation in the Regulatory Reform
Task Force (Task Force) established by
the Department of Commerce
(Department or Commerce) pursuant to
Executive Order 13777, to review and
SUMMARY:
§ 165.T09–0690 Yankee Air Museum’s
Fundraiser Air Demonstration, Lake St.
Clair, Grosse Pointe Farms, MI.
VerDate Sep<11>2014
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.
PO 00000
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Fmt 4700
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33129
identify regulations that are candidates
for removal.
This rule is effective on August
16, 2018.
DATES:
FOR FURTHER INFORMATION CONTACT:
Catherine Cain, Office of the Deputy
Commissioner for Trademark
Examination Policy, by email at
TMFRNotices@uspto.gov, or by
telephone at (571) 272–8946.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with Executive Order
13777, ‘‘Enforcing the Regulatory
Reform Agenda,’’ the Department
established a Task Force, comprising,
among others, agency officials from the
National Oceanic and Atmospheric
Administration, the Bureau of Industry
and Security, and the USPTO, and
charged the Task Force with evaluating
existing regulations and identifying
those that should be repealed, replaced,
or modified because they are outdated,
unnecessary, ineffective, costly, or
unduly burdensome to both government
and private-sector operations.
To support its regulatory reform
efforts on the Task Force, the USPTO
assembled a Working Group on
Regulatory Reform (Working Group),
consisting of subject-matter experts from
each of the business units that
implement the USPTO’s regulations, to
consider, review, and recommend ways
that the regulations could be improved,
revised, and streamlined. In considering
the revisions, the USPTO, through its
Working Group, incorporated into its
analyses all presidential directives
relating to regulatory reform. The
Working Group reviewed existing
regulations, both discretionary rules and
those required by statute or judicial
order. The USPTO also solicited
comments from stakeholders through a
web page established to provide
information on the USPTO’s regulatory
reform efforts and through the
Department’s Federal Register Notice
titled ‘‘Impact of Federal Regulations on
Domestic Manufacturing’’ (82 FR 12786,
Mar. 7, 2017), which addressed the
impact of regulatory burdens on
domestic manufacturing. These efforts
led to the development of candidate
regulations for removal based on the
USPTO’s assessment that these
regulations were not needed and/or that
elimination could improve the USPTO’s
body of regulations. This rule removes
certain trademark-related regulations.
Other rules removing regulations on
other subject areas may be published
separately.
E:\FR\FM\17JYR1.SGM
17JYR1
]]>Agencies
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33127-33129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15182]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-0690]
RIN 1625-AA00
Safety Zone; Yankee Air Museum's Fundraiser Air Demonstration,
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 in the vicinity of Grosse Pointe Farms, MI. This zone
is necessary to protect spectators and vessels from potential hazards
associated with the Yankee Air Museum's Fundraiser Air Demonstration.
DATES: This temporary final rule is effective from 8 p.m. until 8:30
p.m. July 18, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0690 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
[[Page 33128]]
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 air demonstration 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 an
aircraft aerial display proximate to a gathering of watercraft poses a
significant risk to public safety and property. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the air demonstration is being
displayed.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 p.m. through 8:30 p.m.
July 18, 2018. The safety zone will encompass all U.S. navigable waters
of Lake St. Clair with in the following corner points: Northeast
corner, 42[deg]24.670' N, 082[deg]51.594' W, Northwest corner
42[deg]24.671' N, 082[deg]51.368' W, Southeast corner 42[deg]24.034' N,
082[deg]51.857' W, Southwest corner 42[deg]24.023' N, 082[deg]51.626' 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 St. Clair for no more than
thirty minutes. 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
[[Page 33129]]
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves a safety zone lasting less than
thirty minutes that will prohibit entry 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:
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.T09-0690 to read as follows:
Sec. 165.T09-0690 Yankee Air Museum's Fundraiser Air Demonstration,
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 within the following corner points:
Northeast corner, 42[deg]24.670' N, 082[deg]51.594' W, Northwest corner
42[deg]24.671' N, 082[deg]51.368' W, Southeast corner 42[deg]24.034' N,
082[deg]51.857' W, Southwest corner 42[deg]24.023' N, 082[deg]51.626' W
(NAD 83).
(b) Enforcement period. The regulated area described in paragraph
(a) will be enforced 8 p.m. through 8:30 p.m. on July 18, 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: July 11, 2018.
Kevin D. Floyd,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2018-15182 Filed 7-16-18; 8:45 am]
BILLING CODE 9110-04-P
