Safety Zone; St. Clair Icy Bazaar Fireworks, St. Clair River, MI, 2829-2831 [2023-00705]
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations
Related Definitions: N/A
Items:
a. Computers, ‘‘electronic assemblies,’’ and
‘‘components’’ containing integrated circuits,
any of which exceeds the limit in 3A090.a.
Technical Note: Computers include
‘‘digital computers,’’ ‘‘hybrid computers,’’
and analog computers.
b. Reserved
*
*
*
*
*
4D090 ‘‘Software’’ ‘‘specially designed’’ or
modified for the ‘‘development’’ or
‘‘production,’’ of computers and related
equipment, ‘‘electronic assemblies,’’ and
‘‘components’’ therefor specified in
ECCN 4A090.
License Requirements
Reason for Control: RS, AT
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
RS applies to entire
entry.
AT applies to entire
entry.
China and Macau
(See § 742.6(a)(6))
AT Column 1
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
List of Items Controlled
Related Controls: For associated
‘‘technology’’ for software in this ECCN,
see 4E001.
Related Definitions: N/A
Items:
The list of items controlled is contained in
the ECCN heading.
*
*
*
*
*
4E001 ‘‘Technology’’ as follows (see List of
Items Controlled).
License Requirements
Reason for Control: NS, MT, RS, CC, AT
lotter on DSK11XQN23PROD with RULES1
Control(s)
NS applies to entire
entry.
MT applies to ‘‘technology’’ for items
controlled by
4A001.a and
4A101 for MT reasons.
RS applies to ‘‘technology’’ for commodities controlled
by 4A090 or ‘‘software’’ specified by
4D090.
CC applies to ‘‘software’’ for computerized finger-print
equipment controlled by 4A003 for
CC reasons.
AT applies to entire
entry.
VerDate Sep<11>2014
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1
MT Column 1
China and Macau
(See § 742.6(a)(6))
CC Column 1
AT Column 1
16:05 Jan 17, 2023
Jkt 259001
2829
See § 743.1 of the EAR for reporting
requirements for exports under License
Exceptions, and Validated End-User
authorizations.
Note 1: 4E001.a and 4E001.c do not apply
to ‘‘vulnerability disclosure’’ or ‘‘cyber
incident response’’.
Note 2: Note 1 does not diminish national
authorities’ rights to ascertain compliance
with 4E001.a and 4E001.c.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
*
TSR: Yes, except for the following:
(1) ‘‘Technology’’ for the ‘‘development’’ or
‘‘production’’ of commodities with an
‘‘Adjusted Peak Performance’’ (‘‘APP’’)
exceeding 29 WT or for the ‘‘development’’
or ‘‘production’’ of commodities controlled
by 4A005 or ‘‘software’’ controlled by 4D004;
or
(2) ‘‘Technology’’ for the ‘‘development’’ of
‘‘intrusion software’’.
APP: Yes to specific countries (see § 740.7 of
the EAR for eligibility criteria).
ACE: Yes for 4E001.a (for the ‘‘development’’,
‘‘production’’ or ‘‘use’’ of equipment or
‘‘software’’ specified in ECCN 4A005 or
4D004) and for 4E001.c, except to Country
Group E:1 or E:2. See § 740.22 of the EAR
for eligibility criteria.
Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
Special Conditions for STA
RIN 1625–AA00
Reporting Requirements
STA: License Exception STA may not be
used to ship or transmit ‘‘technology’’
according to the General Technology Note
for the ‘‘development’’ or ‘‘production’’ of
any of the following equipment or
‘‘software’’: a. Equipment specified by
ECCN 4A001.a.2; b. ‘‘Digital computers’’
having an ‘Adjusted Peak Performance’
(‘APP’) exceeding 29 Weighted TeraFLOPS
(WT); or c. ‘‘software’’ specified in the
License Exception STA paragraph found in
the License Exception section of ECCN
4D001 to any of the destinations listed in
Country Group A:6 (See Supplement No. 1
to part 740 of the EAR); and may not be
used to ship or transmit ‘‘software’’
specified in 4E001.a (for the
‘‘development’’, ‘‘production’’ or ‘‘use’’ of
equipment or ‘‘software’’ specified in
ECCN 4A005 or 4D004) and 4E001.c to any
of the destinations listed in Country Group
A:5 or A:6.
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items:
a. ‘‘Technology’’ according to the General
Technology Note, for the ‘‘development’’,
‘‘production’’, or ‘‘use’’ of equipment or
‘‘software’’ controlled by 4A (except 4A980
or 4A994) or 4D (except 4D980, 4D993,
4D994).
b. ‘‘Technology’’ according to the General
Technology Note, other than that controlled
by 4E001.a, for the ‘‘development’’ or
‘‘production’’ of equipment as follows:
b.1. ‘‘Digital computers’’ having an
‘‘Adjusted Peak Performance’’ (‘‘APP’’)
exceeding 15 Weighted TeraFLOPS (WT);
b.2. ‘‘Electronic assemblies’’ ‘‘specially
designed’’ or modified for enhancing
performance by aggregation of processors so
that the ‘‘APP’’ of the aggregation exceeds the
limit in 4E001.b.1.
c. ‘‘Technology’’ for the ‘‘development’’ of
‘‘intrusion software.’’
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[FR Doc. 2023–00888 Filed 1–17–23; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2022–0987]
Safety Zone; St. Clair Icy Bazaar
Fireworks, St. Clair River, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 50-yard
radius of a portion of the St. Clair River,
St. Clair, MI. This zone is necessary to
protect spectators and vessels from
potential hazards associated with the St.
Clair Icy Bazaar Fireworks.
DATES: This temporary final rule is
effective from 6 p.m. on January 21,
2023 through 6:30 p.m. on January 22,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0987 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Tracy Girard,
Prevention Department, Sector Detroit,
Coast Guard; telephone 313–568–9564,
or email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Detroit
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations
V. Regulatory Analyses
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b) (B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The Coast
Guard did not receive the final details
of this fireworks display in time to
publish an NPRM. As such, it is
impracticable to publish an NPRM
because we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing the rule. To provide such
a comment period would prevent the
Coast Guard from enforcing the safety
zone at the time of the event, leaving the
public in danger from the hazards
associated with a firework display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Detroit (COTP) has
determined that potential hazard
associated with fireworks from 6 p.m.
on January 21, 2023, through 6:30 p.m.
on January 22, 2023 will be a safety
concern to anyone within a 50-yard
radius of the launch site. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the fireworks are being displayed.
lotter on DSK11XQN23PROD with RULES1
IV. Discussion of the Rule
This rule establishes a safety zone
from 6 p.m. on January 21, 2023,
through 6:30 p.m. on January 22, 2023.
The safety zone will be enforced from 6
p.m. through 6:30 p.m. on January 21,
2023. In the case of predicted inclement
weather on January 21, 2023, this safety
zone will be enforced from 6 p.m.
through 6:30 p.m. on January 22, 2023.
The safety zone will encompass all U.S.
navigable waters of the St. Clair River,
St. Clair, MI, within a 50-yard radius of
position 42°49.477′ N, 082°29.107′ 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.
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16:05 Jan 17, 2023
Jkt 259001
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
the St. Clair River from 6 p.m. through
6:30 p.m. on January 21, 2023 or January
22, 2023. 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),
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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
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations
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 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 than one hour that will
prohibit entry into a designated area. It
is categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1. 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.
(a) Location. A safety zone is
established to include all U.S. navigable
waters of the St. Clair River, St. Clair
MI, within a 50-yard radius of position
42°49.477′ N, 082°29.107′ W (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) will be
enforced from 6 p.m. through 6:30 p.m.
on January 21, 2023. In the case of
inclement weather on January 21, 2023,
this safety zone will be enforced from 8
p.m. through 8:30 p.m. on January 22,
2023.
(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: January 10, 2023.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
List of Subjects in 33 CFR Part 165
[FR Doc. 2023–00705 Filed 1–17–23; 8:45 am]
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:
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AQ91
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
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§ 165.T09–0987 Safety Zone; St. Clair Icy
Bazaar Fireworks, St. Clair River, MI.
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.
2. Add § 165.T09–0987 to read as
follows:
■
VerDate Sep<11>2014
16:05 Jan 17, 2023
Jkt 259001
Modifications of Approval
Requirements for Courses Designed
To Prepare Individuals for Licensure or
Certifications
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
to implement the provisions of the Jeff
SUMMARY:
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2831
Miller and Richard Blumenthal Veterans
Health Care and Benefits Improvement
Act of 2016. This final rule adopts
without change a proposed rule, which
adds new approval requirements as
specified in the statutory provisions for
accredited and nonaccredited programs
designed to prepare an individual for
licensure and certification in a State,
implements VA’s new authority to
waive the added approval requirements
under certain circumstances and adjust
the authority of a State approving
agency to add new approval criteria,
and adds a circumstance for disapproval
of a program designed to prepare an
individual for licensure and
certification, as prescribed by the law
we are implementing.
DATES: This rule is effective on February
17, 2023.
FOR FURTHER INFORMATION CONTACT:
Cheryl Amitay, Chief, Policy and
Regulation Development Staff, (225C),
Education Service, Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, (202) 461–
9800. (This is not a toll-free telephone
number.)
SUPPLEMENTARY INFORMATION: On
January 10, 2022, VA published a
proposed rule in the Federal Register,
87 FR 1087, to amend its regulations to
add new approval requirements for
accredited and nonaccredited programs
designed to prepare an individual for
licensure and certification in a State and
to allow VA to waive the added
approval requirements under certain
circumstances. VA provided a 60-day
comment period, which ended on
March 10, 2022. We received two
comments on the proposed
amendments. Both comments supported
the rulemaking, but requested clarifying
information, which we provide below.
One comment requested that VA
clarify the ‘‘undefined terms in 38
U.S.C. 3676 (approval of nonaccredited
courses),’’ listing as undefined:
‘‘Quality,’’ ‘‘Qualifications,’’
‘‘Financially Sound,’’ ‘‘Substantial
Misrepresentation,’’ ‘‘Good Reputation
and Character,’’ ‘‘Licensure and
Certification,’’ ‘‘Such Additional
Criteria. . . ,’’ and ‘‘Administrative
Support.’’ The commenter stated that
the standards to protect student veterans
and GI Bill funds in 38 U.S.C. 3676 have
been undefined and rarely enforced
resulting in the abuse of veteran benefits
and taxpayer funds.
VA shares the concern for the
protection of student veterans and their
VA education benefits and wants to
provide assurances that the standards in
sec. 3676 are clearly defined and
upheld. The regulatory amendments
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]]>Agencies
[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Pages 2829-2831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00705]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2022-0987]
RIN 1625-AA00
Safety Zone; St. Clair Icy Bazaar Fireworks, St. Clair River, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 50-yard radius of a portion of the St. Clair
River, St. Clair, MI. This zone is necessary to protect spectators and
vessels from potential hazards associated with the St. Clair Icy Bazaar
Fireworks.
DATES: This temporary final rule is effective from 6 p.m. on January
21, 2023 through 6:30 p.m. on January 22, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0987 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
[[Page 2830]]
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this fireworks display
in time to publish an NPRM. As such, it is impracticable to publish an
NPRM because we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule. To
provide such a comment period would prevent the Coast Guard from
enforcing the safety zone at the time of the event, leaving the public
in danger from the hazards associated with a firework display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Detroit (COTP) has determined that
potential hazard associated with fireworks from 6 p.m. on January 21,
2023, through 6:30 p.m. on January 22, 2023 will be a safety concern to
anyone within a 50-yard radius of the launch site. This rule is needed
to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the fireworks are being
displayed.
IV. Discussion of the Rule
This rule establishes a safety zone from 6 p.m. on January 21,
2023, through 6:30 p.m. on January 22, 2023. The safety zone will be
enforced from 6 p.m. through 6:30 p.m. on January 21, 2023. In the case
of predicted inclement weather on January 21, 2023, this safety zone
will be enforced from 6 p.m. through 6:30 p.m. on January 22, 2023. The
safety zone will encompass all U.S. navigable waters of the St. Clair
River, St. Clair, MI, within a 50-yard radius of position
42[deg]49.477' N, 082[deg]29.107' W (NAD 83). No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the St. Clair River from 6 p.m.
through 6:30 p.m. on January 21, 2023 or January 22, 2023. 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
[[Page 2831]]
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 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 than one
hour that will prohibit entry into a designated area. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures 5090.1. 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: 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.T09-0987 to read as follows:
Sec. 165.T09-0987 Safety Zone; St. Clair Icy Bazaar Fireworks, St.
Clair River, MI.
(a) Location. A safety zone is established to include all U.S.
navigable waters of the St. Clair River, St. Clair MI, within a 50-yard
radius of position 42[deg]49.477' N, 082[deg]29.107' W (NAD 83).
(b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 6 p.m. through 6:30 p.m. on January 21, 2023.
In the case of inclement weather on January 21, 2023, this safety zone
will be enforced from 8 p.m. through 8:30 p.m. on January 22, 2023.
(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: January 10, 2023.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-00705 Filed 1-17-23; 8:45 am]
BILLING CODE 9110-04-P
