Safety Zone; Roostertail Fireworks, Detroit River, Detroit, MI, 30648-30650 [2023-10149]
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30648
Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Rules and Regulations
Spectator means a person or vessel
not registered with the event sponsor as
a participant or assigned as official
patrols.
(c) Regulations. (1) The COTP
Maryland-National Capital Region or
Event PATCOM may forbid and control
the movement of all vessels and
persons, including event participants, in
the regulated area described in
paragraph (a)(1) of this section. When
hailed or signaled by an official patrol,
a vessel or person in the regulated area
shall immediately comply with the
directions given by the patrol. Failure to
do so may result in the Coast Guard
expelling the person or vessel from the
area, issuing a citation for failure to
comply, or both. The COTP MarylandNational Capital Region or Event
PATCOM may terminate the event, or a
participant’s operations at any time the
COTP Maryland-National Capital
Region or Event PATCOM believes it
necessary to do so for the protection of
life or property.
(2) Except for participants and vessels
already at berth, a person or vessel
within the regulated area at the start of
enforcement of this section must
immediately depart the regulated area.
(3) A spectator must contact the Event
PATCOM to request permission to
either enter or pass through the
regulated area. The Event PATCOM, and
official patrol vessels enforcing this
regulated area, can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22A (157.1
MHz). If permission is granted, the
spectator must pass directly through the
regulated area as instructed by Event
PATCOM. A vessel within the regulated
area must operate at safe speed that
minimizes wake. A spectator vessel
must not loiter within the navigable
channel while within the regulated area.
(4) Only participant vessels and
official patrol vessels are allowed to
enter and remain within the race area.
(5) Only participant vessels and
official patrol vessels are allowed to
enter and transit directly through the
buffer area in order to arrive at or depart
from the race area.
(6) A person or vessel that desires to
transit, moor, or anchor within the
regulated area must obtain authorization
from the COTP Maryland-National
Capital Region or Event PATCOM. A
person or vessel seeking such
permission can contact the COTP
Maryland-National Capital Region at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz) or the Event PATCOM
on Marine Band Radio, VHF–FM
channel 16 (156.8 MHz).
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(7) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event dates and times.
(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
regulated area by other federal, state,
and local agencies.
(e) Enforcement period. This section
will be enforced from 9 a.m. to 7 p.m.
on May 13, 2023 and from 9 a.m. to 7
p.m. on May 14, 2023.
Dated: May 5, 2023.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2023–10125 Filed 5–11–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0377]
RIN 1625–AA00
Safety Zone; Roostertail Fireworks,
Detroit River, Detroit, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters in the Detroit River in
Detroit, MI. The safety zone is necessary
and intended to protect personnel,
vessels, and the marine environment
from potential hazards associated with
fireworks displays created by the
Binienda and Steel wedding. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Detroit, or his designated representative.
DATES: This rule is effective from 9 p.m.
through 10:30 p.m. on May 20, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0377 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 Tracy Girard, Waterways
Department, Sector Detroit, Coast
Guard; telephone (313) 568–9564, email
Tracy.M.Girard@uscg.mil.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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 the
event sponsor notified the Coast Guard
with insufficient time to publish an
NPRM and immediate action is
necessary to protect personnel, vessels,
and the marine environment in the
Detroit River. It is impracticable and
contrary to the public interest to publish
a NPRM because we must establish this
safety zone by May 20, 2023.
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. For the same reasons
discussed in the preceding paragraph,
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 displays will
be a safety concern for anyone within a
200-yard radius of the launch site. The
likely combination of recreational
vessels, darkness punctuated by bright
flashes of light, and fireworks debris
falling into the water presents risks of
collisions which could result in serious
injuries or fatalities. This rule is
necessary to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
during the fireworks display.
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Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Rules and Regulations
IV. Discussion of the Rule
This rule establishes a safety zone
from 9 p.m. through 10:30 p.m. on May
20, 2023. The safety zone will
encompass all U.S. navigable waters of
the Detroit River within a 200-yard
radius of the fireworks launch site
located near the public launch site, in
Detroit, MI. The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters during the fireworks
display. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Detroit or his
designated representative. The Captain
of the Port Detroit or his designated
representative may be contacted via
VHF Channel 16.
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.
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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, and
duration of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone which would
impact a small, designated area of the
Detroit River one hours during the
evening 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.
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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).
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
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30649
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, 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 only 1 and a half hours that
will prohibit entry within 200-yard
radius of where the fireworks display
will be conducted. 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
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30650
Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Rules and Regulations
Dated: May 8, 2023.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[FR Doc. 2023–10149 Filed 5–11–23; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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.
33 CFR Part 165
[Docket Number USCG–2023–0050]
RIN 1625–AA00
2. Add § 165.T09–0377 to read as
follows:
■
Safety Zone; Gallants Channel,
Beaufort, NC
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§ 165.T09–0377 Safety Zone; Roostertail
Fireworks, Detroit River; Detroit, MI
(a) Location. The following area is a
temporary safety zone: all U.S.
navigable waters of the Detroit River
within a within a 200-yard radius of the
fireworks launch site located at position
42°41′15.75″ N, 082°58′22.94″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Enforcement period. This
regulation will be enforced from 9 p.m.
through 10:30 p.m. on May 20, 2023.
The Captain of the Port Detroit, or a
designated representative may suspend
enforcement of the safety zone at any
time.
(c) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Detroit (COTP) in the
enforcement of the safety zone.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into, transiting, or anchoring
within the safety zone described in
paragraph (a) of this section is
prohibited unless authorized by the
Captain of the Port Detroit or his
designated representative.
(2) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his designated representative to
obtain permission to do so. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Detroit or his
designated representative. The COTP
Detroit or his designated representative
may be contacted via VHF Channel 16.
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Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
navigable waters of Gallants Channel,
near Beaufort, NC. The safety zone is
necessary to enhance the safety of
mariners and participants during the
swim portion of a triathlon. Entry of
vessels or persons into this safety zone
is prohibited unless specifically
authorized by the Captain of the Port
(COTP), Sector North Carolina, or a
designated representative.
DATES: This rule is effective May 12,
2023. The Coast Guard will enforce the
safety zone in this rule on May 13, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0050 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email Petty Officer Ken Farah,
Waterways Management Division, U.S.
Coast Guard; telephone 910–772–2221,
email ncmarineevents@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
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
On February 1, 2023, the FS Series
organization notified the Coast Guard
that it will be hosting the Crystal Coast
Triathlon in Beaufort, NC. The swim
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Sfmt 4700
portion of this event will take place
from 8 a.m. to 10 a.m. on the waters of
Gallants Channel each year, on the
second Saturday in May. The swim
portion of the Crystal Coast Triathlon
will consist of approximately 400
participants. The racecourse will be on
the waters of Gallants Channel and will
run from the Route 70 Bridge in
Beaufort, NC, then North-West to Russel
Slough Channel Day-Beacon 10
(LLNR34860).
In response, on March 30, 2023, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Safety Zone; Gallants Channel,
Beaufort, NC’’ (88 FR 19027). There we
stated why we issued the NPRM and
invited comments on our proposed
regulatory action related to this
swimming event. During the comment
period that ended May 1, 2023, we
received no comments.
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 contrary to public
interest because immediate action is
needed to protect non-participating
persons, vessels, and participants
against the hazards associated with
restricted waterway during the swim
portion of this triathlon.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 70034. The
Captain of the Port, Sector North
Carolina (COTP) has determined the
presence of vessels, and anyone else in
or transiting the designated area of
Gallants Channel in Beaufort, NC during
the swim portion of the triathlon would
pose a safety concern to the swimmers,
and to the vessels and others within the
designated area, due to the large number
of swimmers on the waterway during
the swim portion of the triathlon. This
rule is necessary to protect nonparticipating persons, vessels, and
participants from the hazards associated
with the event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
March 30, 2023. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM. The
safety zone will be enforced from 8 a.m.
through 10 a.m., every second Saturday
in May, although the enforcement
period would be subject to change. The
safety zone will include all navigable
waters of Gallants Channel from the
Route 70 Bridge in Beaufort, NC, at N
E:\FR\FM\12MYR1.SGM
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Agencies
[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Rules and Regulations]
[Pages 30648-30650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10149]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0377]
RIN 1625-AA00
Safety Zone; Roostertail Fireworks, Detroit River, Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in the Detroit River in Detroit, MI. The safety zone
is necessary and intended to protect personnel, vessels, and the marine
environment from potential hazards associated with fireworks displays
created by the Binienda and Steel wedding. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Detroit, or his designated representative.
DATES: This rule is effective from 9 p.m. through 10:30 p.m. on May 20,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0377 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 Tracy Girard, Waterways Department, Sector Detroit, Coast
Guard; telephone (313) 568-9564, email [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 the event sponsor notified the Coast
Guard with insufficient time to publish an NPRM and immediate action is
necessary to protect personnel, vessels, and the marine environment in
the Detroit River. It is impracticable and contrary to the public
interest to publish a NPRM because we must establish this safety zone
by May 20, 2023.
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. For the same reasons discussed in
the preceding paragraph, 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
displays will be a safety concern for anyone within a 200-yard radius
of the launch site. The likely combination of recreational vessels,
darkness punctuated by bright flashes of light, and fireworks debris
falling into the water presents risks of collisions which could result
in serious injuries or fatalities. This rule is necessary to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the fireworks display.
[[Page 30649]]
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. through 10:30 p.m.
on May 20, 2023. The safety zone will encompass all U.S. navigable
waters of the Detroit River within a 200-yard radius of the fireworks
launch site located near the public launch site, in Detroit, MI. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during the fireworks
display. Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated representative. The Captain of the Port Detroit or his
designated representative may be contacted via VHF Channel 16.
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, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which would impact a small,
designated area of the Detroit River one hours during the evening 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).
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, 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 only 1 and a half hours that will prohibit entry
within 200-yard radius of where the fireworks display will be
conducted. 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
[[Page 30650]]
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.T09-0377 to read as follows:
Sec. 165.T09-0377 Safety Zone; Roostertail Fireworks, Detroit River;
Detroit, MI
(a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of the Detroit River within a within a 200-yard
radius of the fireworks launch site located at position
42[deg]41'15.75'' N, 082[deg]58'22.94'' W. All geographic coordinates
are North American Datum of 1983 (NAD 83).
(b) Enforcement period. This regulation will be enforced from 9
p.m. through 10:30 p.m. on May 20, 2023. The Captain of the Port
Detroit, or a designated representative may suspend enforcement of the
safety zone at any time.
(c) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Detroit (COTP) in the enforcement of the safety
zone.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within the safety
zone described in paragraph (a) of this section is prohibited unless
authorized by the Captain of the Port Detroit or his designated
representative.
(2) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his designated
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port Detroit or his
designated representative. The COTP Detroit or his designated
representative may be contacted via VHF Channel 16.
Dated: May 8, 2023.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-10149 Filed 5-11-23; 8:45 am]
BILLING CODE 9110-04-P