Safety Zone; GM New Years Eve Fireworks, Detroit River, Detroit, MI, 76105-76107 [2022-26979]
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76105
Rules and Regulations
Federal Register
Vol. 87, No. 238
Tuesday, December 13, 2022
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2022–0764; Airspace
Docket No. 21–ANM–37]
The Code of Federal Regulations is sold by
the Superintendent of Documents.
RIN 2120–AA66
Modification of Class D Airspace and
Class E Airspace; Bozeman
Yellowstone International Airport, MT;
Correction
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 531
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; correction.
AGENCY:
RIN 3206–AO40
General Schedule Locality Pay Areas;
Correction
The FAA is correcting a final
rule that appeared in the Federal
Register on November 16, 2022. The
Final Rule incorrectly listed the
effective date as 0901 UTC, December
29, 2022. This action corrects the
effective date to 0901 UTC, February 23,
2023.
DATES: Effective 0901 UTC, February 23,
2023. The Director of the Federal
Register approves this incorporation by
reference under 1 CFR part 51, subject
to the annual revision of FAA Order JO
7400.11, Airspace Designations and
Reporting Points, and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Nathan A. Chaffman, Federal Aviation
Administration, Western Service Center,
Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198;
telephone (206) 231–3460.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Office of Personnel
Management.
AGENCY:
ACTION:
Final rule; correction.
This document corrects the
preamble to a final rule published in the
Federal Register of December 5, 2022,
regarding General Schedule Locality Pay
Areas. This correction clarifies the
effective date of the rule.
SUMMARY:
This correction is effective on
December 13, 2022.
DATES:
Joe
Ratcliffe by email at pay-leave-policy@
opm.gov or 202–936–3124.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of December 5,
2022, in FR Doc. 2022–26427, on page
74289, in the first column, revise the
DATES paragraph to read:
The regulations are effective on
January 4, 2023, and applicable for pay
purposes on the first day of the first
applicable pay period beginning on or
after January 15, 2023.
DATES:
U.S. Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
lotter on DSK11XQN23PROD with RULES1
[FR Doc. 2022–26751 Filed 12–12–22; 8:45 am]
BILLING CODE 6325–39–P
VerDate Sep<11>2014
15:53 Dec 12, 2022
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History
The FAA published a final rule in the
Federal Register (87 FR 68627;
November 16, 2022) for Docket FAA–
2022–0764, which modified the Class D
and E surface areas, the Class E airspace
area designated as an extension to a
Class D or E surface area, and the Class
E airspace extending upward from 700
feet above the surface at Bozeman
Yellowstone International Airport, MT.
In addition, the action made several
administrative amendments to update
the airport’s legal descriptions.
Subsequent to publication, the FAA
identified that the effective date listed
in the Final Rule was incorrect. The
deadline to submit documents for the
December 29, 2022 publication date has
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Frm 00001
Fmt 4700
Sfmt 4700
already expired. The Final Rule
effective date should read: ‘‘0901 UTC,
February 23, 2023’’. This action corrects
the error.
Class D, Class E2, Class E4, and Class
E5 airspace designations are published
in paragraphs 5000, 6002, 6004, and
6005, respectively, of FAA Order JO
7400.11G, dated August 19, 2022, and
effective September 15, 2022, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in FAA Order
JO 7400.11.
FAA Order JO 7400.11 is published
annually and becomes effective on
September 15.
Correction to Final Rule
Accordingly, pursuant to the
authority delegated to the FAA,
‘‘Modification of Class D Airspace and
Class E Airspace; Bozeman Yellowstone
International Airport, MT’’, published
in the Federal Register of November 16,
2022 (87 FR 68627), FR Doc. 2022–
24800, is corrected as follows:
§ 71.1
[Corrected]
1. On page 68627, in the first column,
DATES is corrected to read:
DATES: Effective 0901 UTC, February 23,
2023. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
■
Issued in Des Moines, Washington, on
December 7, 2022.
B.G. Chew,
Group Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2022–26962 Filed 12–12–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0973]
RIN 1625–AA00
Safety Zone; GM New Years Eve
Fireworks, Detroit River, Detroit, MI
AGENCY:
E:\FR\FM\13DER1.SGM
Coast Guard, DHS.
13DER1
76106
ACTION:
Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Rules and Regulations
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters within the
Detroit River, Detroit, MI. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards during a
fireworks event. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Detroit.
DATES: This rule is effective from 11:59
p.m. on December 31, 2022, through
12:15 a.m. on January 1, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0973 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ms. Tracy Girard, U.S. Coast
Guard; (313) 475–7475,
Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
lotter on DSK11XQN23PROD with RULES1
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
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 is impracticable. The Coast Guard did
not receive notice of the fireworks with
sufficient time to undergo notice and
comment. We must establish this safety
zone by December 31, 2022 in order to
protect the public form the hazards
associated with a fireworks event.
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
VerDate Sep<11>2014
15:53 Dec 12, 2022
Jkt 259001
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with a fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Detroit (COTP) has
determined that potential hazards
associated with fireworks starting
December 31, 2022, will be a safety
concern for anyone within a 250-yard
radius of the fireworks location. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while fireworks show is being
displayed.
IV. Discussion of the Rule
This rule establishes a safety zone
from 11:59 p.m. on December 31, 2022
through 12:15 a.m. on January 1, 2023.
The safety zone will cover all navigable
waters within a 250 yard radius of
location 42°19.66′ N 083°02.34′ W (WGS
84) in the Detroit River, Detroit, MI. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the fireworks show is
being displayed. 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.
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).
This regulatory action determination
is based on the size, location, duration,
and time-of-day 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 Detroit River for less than an hour
during the night when vessel traffic is
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Fmt 4700
Sfmt 4700
normally low. Moreover, the Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the rule would
allow 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 call or email 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).
E:\FR\FM\13DER1.SGM
13DER1
Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Rules and Regulations
on locating the docket, see the
section of this preamble.
D. Federalism and Indian Tribal
Governments
ADDRESSES
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.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
E. Unfunded Mandates Reform Act
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
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.
lotter on DSK11XQN23PROD with RULES1
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), 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 less then an hour that will
prohibit entry within 250 yard radius of
42°19.66′ N 083°02.34′ W (WGS 84). It
is categorically excluded from further
review under paragraph L[60] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
VerDate Sep<11>2014
15:53 Dec 12, 2022
Jkt 259001
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:
■
2. Add § 165.T09–0973 to read as
follows:
■
§ 165.T09–0973 Safety Zones; GM New
Years Eve Fireworks, Detroit, MI.
(a) Location. This safety zone is
established to 42°19.66′ N 083°02.34′ W
(WGS 84).
(b) Enforcement period. The safety
zone described in paragraph (a) will be
enforced from 11:59 p.m. on December
31, 2022, through January 1, 2023 12:15
a.m. on January 1, 2023..
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within
these safety zones is prohibited unless
authorized by the COTP Detroit or a
designated on-scene representative.
(2) The safety zones are closed to all
vessel traffic, except as may be
permitted by the COTP Detroit or a
designated on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP Detroit is any Coast Guard
commissioned, warrant or petty officer
or a federal, state, or local law
enforcement officer designated by the
COTP Detroit to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zones must
contact the COTP Detroit or an on-scene
representative to obtain permission to
do so. The COTP Detroit or an on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
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76107
safety zone must comply with all
directions given to them by the COTP
Detroit or an on-scene representative.
Dated: December 7, 2022
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2022–26979 Filed 12–12–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0795; FRL–10217–
02–R9]
Determination To Defer Sanctions;
California; Yolo-Solano Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Interim final determination.
AGENCY:
The Environmental Protection
Agency (EPA) is making an interim final
determination that the California Air
Resources Board has submitted a
revised rule on behalf of the YoloSolano Air Quality Management District
(YSAQMD) that corrects a deficiency in
its Clean Air Act (CAA or Act) State
implementation plan (SIP) provisions
concerning reasonably available control
technology (RACT) ozone
nonattainment requirements for
controlling emissions of volatile organic
compounds (VOC) from solvent
cleaning and degreasing operations.
This determination is based on a
proposed approval, published elsewhere
in this issue of the Federal Register, of
YSAQMD’s Rule 2.31, which regulates
this source category. The effect of this
interim final determination is that the
imposition of sanctions that was
triggered by a prior disapproval by the
EPA, is now deferred. If the EPA
finalizes its approval of YSAQMD ’s
submission, relief from these sanctions
will become permanent.
DATES: This interim final determination
is effective on December 13, 2022.
However, comments must be received
on or before January 12, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2022–0795 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
SUMMARY:
E:\FR\FM\13DER1.SGM
13DER1
]]>Agencies
[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Rules and Regulations]
[Pages 76105-76107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26979]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0973]
RIN 1625-AA00
Safety Zone; GM New Years Eve Fireworks, Detroit River, Detroit,
MI
AGENCY: Coast Guard, DHS.
[[Page 76106]]
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters within the Detroit River, Detroit, MI. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards during a fireworks event. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Detroit.
DATES: This rule is effective from 11:59 p.m. on December 31, 2022,
through 12:15 a.m. on January 1, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0973 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Tracy Girard, U.S. Coast Guard; (313) 475-7475,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this 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 is impracticable. The Coast
Guard did not receive notice of the fireworks with sufficient time to
undergo notice and comment. We must establish this safety zone by
December 31, 2022 in order to protect the public form the hazards
associated with a fireworks event.
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 be impracticable because immediate action is needed to
respond to the potential safety hazards associated with a fireworks
display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit
(COTP) has determined that potential hazards associated with fireworks
starting December 31, 2022, will be a safety concern for anyone within
a 250-yard radius of the fireworks location. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while fireworks show is being displayed.
IV. Discussion of the Rule
This rule establishes a safety zone from 11:59 p.m. on December 31,
2022 through 12:15 a.m. on January 1, 2023. The safety zone will cover
all navigable waters within a 250 yard radius of location 42[deg]19.66'
N 083[deg]02.34' W (WGS 84) in the Detroit River, Detroit, MI. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the fireworks show
is being displayed. 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. 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).
This regulatory action determination is based on the size,
location, duration, and time-of-day 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 Detroit River for less than an
hour during the night when vessel traffic is normally low. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow 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
call or email 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).
[[Page 76107]]
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.
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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 less then an hour that will prohibit entry within
250 yard radius of 42[deg]19.66' N 083[deg]02.34' W (WGS 84). It is
categorically excluded from further review under paragraph L[60] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0973 to read as follows:
Sec. 165.T09-0973 Safety Zones; GM New Years Eve Fireworks, Detroit,
MI.
(a) Location. This safety zone is established to 42[deg]19.66' N
083[deg]02.34' W (WGS 84).
(b) Enforcement period. The safety zone described in paragraph (a)
will be enforced from 11:59 p.m. on December 31, 2022, through January
1, 2023 12:15 a.m. on January 1, 2023..
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within these safety
zones is prohibited unless authorized by the COTP Detroit or a
designated on-scene representative.
(2) The safety zones are closed to all vessel traffic, except as
may be permitted by the COTP Detroit or a designated on-scene
representative.
(3) The ``on-scene representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant or petty officer or a federal, state,
or local law enforcement officer designated by the COTP Detroit to act
on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zones must contact the COTP Detroit or an on-scene representative to
obtain permission to do so. The COTP Detroit or an on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP Detroit or an on-scene
representative.
Dated: December 7, 2022
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2022-26979 Filed 12-12-22; 8:45 am]
BILLING CODE 9110-04-P
