Safety Zone; Grosse Pointe War Memorial Fireworks, Lake St. Clair, Grosse Pointe Farms, MI, 59804-59806 [2023-18712]
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59804
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations
$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 approximately 1 hour 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
requirements, Security measures,
Waterways.
§ 165.T09–0696 Safety Zone; Foster
Wedding Fireworks, Lake St. Clair; Grosse
Pointe Park, MI.
DEPARTMENT OF HOMELAND
SECURITY
(a) Location. The following area is a
temporary safety zone: all U.S.
navigable waters of Lake St. Clair within
a within a 200-yard radius of the
fireworks launch site located at position
42°21.791′ N, 082°55.147′ 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 p.m. on September 9, 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 this
safety zone 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.
Coast Guard
Dated: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[FR Doc. 2023–18701 Filed 8–29–23; 8:45 am]
PART 165—Regulated Navigation
Areas and Limited Access Areas
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
lotter on DSK11XQN23PROD with RULES1
Authority: 46 U.S.C. 70034, 70051, 70124;
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.T09–0696 to read as
follows:
■
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[Docket Number USCG–2023–0657]
RIN 1625–AA00
Safety Zone; Grosse Pointe War
Memorial Fireworks, Lake St. Clair,
Grosse Pointe Farms, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters (all navigable
waters within a 250 yard radius of
location 42°23.13′ N 082°53.74′ W (WGS
84)) within Lake St. Clair in Grosse
Pointe Farms, 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 9 p.m.
through 10 p.m. on September 8, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0657 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
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
■
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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations
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 September 8, 2023 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.
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 Lake St. Clair 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.
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
September 8, 2023, 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.
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
IV. Discussion of the Rule
This rule establishes a safety zone
from 9 p.m. through 10 p.m. on
September 8, 2023. The safety zone will
cover all navigable waters within a 250yard radius of location 42°23.13′ N
082°53.74′ W (WGS 84). 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.
lotter on DSK11XQN23PROD with RULES1
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
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59805
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.
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
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59806
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations
environment. This rule involves a safety
zone lasting less than an hour that will
prohibit entry within 250-yard radius of
42°23.13′ N 082°53.74′ 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:
Dated: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2023–18712 Filed 8–29–23; 8:45 am]
BILLING CODE 9110–04–P
SURFACE TRANSPORTATION BOARD
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Authority: 446 U.S.C. 70034, 70051,
70124; 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.
[Docket No. EP 542 (Sub-No. 31)]
Surface Transportation Board.
ACTION: Final rule.
2. Add § 165.T09–0657 to read as
follows:
The Board updates for 2023
the fees that the public must pay to file
certain cases and pleadings with the
Board. Pursuant to this update, 76 of the
Board’s 136 fees will increase, and 60
fees will remain at their current levels.
DATES: This final rule is effective
September 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Laura Mizner, (202) 245–0318, or
Andrea Pope-Matheson, (202) 245–0363.
If you require an accommodation under
the Americans with Disabilities Act,
please call (202) 245–0245.
SUPPLEMENTARY INFORMATION: The
Board’s regulations at 49 CFR 1002.3(a)
provide for an annual update of the
Board’s entire user-fee schedule. Fees
are generally revised based on the cost
SUMMARY:
§ 165.T09–0657 Safety Zones; Grosse
Pointe War Memorial Fireworks, Lake St.
Clair, Grosse Pointe Farms, MI.
(a) Location. This safety zone is
established to encompass all U.S.
navigable waters of Lake St. Clair within
a 250-yard radius of 42°23.13′ N
082°53.74′ W (WGS 84).
(b) Enforcement period. The safety
zone described in paragraph (a) of this
section will be enforced from 9 p.m.
through 10 p.m. on September 8, 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
List of Subjects in 49 CFR Part 1002
Administrative practice and
procedure, Common carriers, Freedom
of information.
Decided: August 24, 2023.
By the Board, Board Members Fuchs,
Hedlund, Oberman, Primus, and Schultz.
Regena Smith-Bernard,
Clearance Clerk.
For the reasons set forth in the
preamble, title 49, chapter X, part 1002,
of the Code of Federal Regulations is
amended as follows:
PART 1002—FEES
1. The authority citation for part 1002
continues to read as follows:
AGENCY:
■
study formula set forth at 49 CFR
1002.3(d), which looks to changes in
salary costs, publication costs, and
Board overhead cost factors. Applying
that formula, 76 of the Board’s 136 fees
will be increased and 60 will remain at
their current levels.
Additional information is contained
in the Board’s decision. To obtain a free
copy of the full decision, visit the
Board’s website at www.stb.gov or call
(202) 245–0245. If you require an
accommodation under the Americans
with Disabilities Act, please call (202)
245–0245.
■
49 CFR Part 1002
Fees for Services Performed in
Connection With Licensing and
Related Services—2023 Update
1. The authority citation for part 165
continues to read as follows:
■
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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.
Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B),
and 553; 31 U.S.C. 9701; and 49 U.S.C. 1321.
Section 1002.1(f)(11) is also issued under 5
U.S.C. 5514 and 31 U.S.C. 3717.
2. Section 1002.1 is amended by
revising paragraphs (a), (b), and (c) to
read as follows:
■
§ 1002.1 Fees for records search, review,
copying, certification, and related services.
*
*
*
*
*
(a) Certificate of the Records Officer,
$22.00.
(b) Services involved in examination
of tariffs or schedules for preparation of
certified copies of tariffs or schedules or
extracts therefrom at the rate of $51.00
per hour.
(c) Services involved in checking
records to be certified to determine
authenticity, including clerical work,
etc. incidental thereto, at a rate of
$35.00 per hour.
*
*
*
*
*
■ 3. Section 1002.2 is amended by
revising paragraph (f) to read as follows:
(f) Schedule of filing fees.
Type of proceeding
Fee
PART I: Non-Rail Applications or Proceedings to Enter Into a Particular Financial Transaction or Joint Arrangement
(1) An application for the pooling or division of traffic ...............................................................................................................
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$5,800.
]]>Agencies
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59804-59806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18712]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0657]
RIN 1625-AA00
Safety Zone; Grosse Pointe War Memorial Fireworks, Lake St.
Clair, Grosse Pointe Farms, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters (all navigable waters within a 250 yard radius
of location 42[deg]23.13' N 082[deg]53.74' W (WGS 84)) within Lake St.
Clair in Grosse Pointe Farms, 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 9 p.m. through 10 p.m. on September
8, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0657 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
[[Page 59805]]
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 September 8, 2023 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 September 8, 2023, 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 9 p.m. through 10 p.m. on
September 8, 2023. The safety zone will cover all navigable waters
within a 250-yard radius of location 42[deg]23.13' N 082[deg]53.74' W
(WGS 84). 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 Lake St. Clair 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).
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
[[Page 59806]]
environment. This rule involves a safety zone lasting less than an hour
that will prohibit entry within 250-yard radius of 42[deg]23.13' N
082[deg]53.74' 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: 446 U.S.C. 70034, 70051, 70124; 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.T09-0657 to read as follows:
Sec. 165.T09-0657 Safety Zones; Grosse Pointe War Memorial
Fireworks, Lake St. Clair, Grosse Pointe Farms, MI.
(a) Location. This safety zone is established to encompass all U.S.
navigable waters of Lake St. Clair within a 250-yard radius of
42[deg]23.13' N 082[deg]53.74' W (WGS 84).
(b) Enforcement period. The safety zone described in paragraph (a)
of this section will be enforced from 9 p.m. through 10 p.m. on
September 8, 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: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-18712 Filed 8-29-23; 8:45 am]
BILLING CODE 9110-04-P
