[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40521-40523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14817]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0460]
RIN 1625-AA00


Safety Zone; Detroit River Days Air Show, Detroit River, Detroit, 
MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Detroit River in the vicinity of Detroit, MI. This zone 
is intended to restrict and control movement of vessels in a portion of 
the Detroit River. This zone is necessary to protect spectators and 
vessels from potential hazards associated with the Detroit River Days 
Air Show.

DATES: This temporary final rule is effective from 12:30 p.m. on June 
24, 2016 until 6:30 p.m. on June 26, 2016.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2016-0460 and are available online 
by going to www.regulations.gov, type the docket number in the 
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the 
line associated with this rulemaking. They are also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Petty Officer Todd Manow, 
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9508, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 10, 2016, the Tuskegee Airmen National Historical 
Museum submitted an application for a marine event for an aerial 
display spanning three days in conjunction with the Detroit River Days 
Festival on June 24, 25, and 26, 2016. A safety zone is required by the 
Federal Aviation Administration to separate aircraft from persons and 
property on the ground or water's surface for all air shows. For the 
purposes of this event, the Coast Guard is establishing a safety zone 
around the proposed flight path and a standoff zone between the flight 
path and the shore, matching the safety zone created for this same 
event in 2015 [USCG-2015-0491].

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security 
Delegation No. 0170.1. Having reviewed the application for a marine 
event submitted by the sponsor on February 10, 2016, the Captain of the 
Port Detroit (COTP) has determined that an aircraft aerial display 
proximate to a gathering of watercraft poses a significant risk to 
public safety and property. Such hazards include potential aircraft 
malfunctions, loud noise levels, and waterway distractions. Therefore, 
the COTP is establishing a safety zone around the event location to 
help minimize risks to safety of life and property during this event.
    The Coast Guard is issuing this temporary final 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 with

[[Page 40522]]

respect to this rule because waiting for a notice and comment period to 
run would be impracticable, unnecessary, and contrary to the public 
interest. Although an initial marine event application was submitted on 
February 10, 2016, final details regarding event area and patrol 
parameters were not known to the Coast Guard with sufficient time for 
the Coast Guard to solicit public comments before the start of the 
event. Thus, delaying the effective date of this rule to wait for a 
notice and comment period to run would be impracticable and contrary to 
the public interest because it would inhibit the Coast Guard's ability 
to protect the public from the hazards associated with this air show.
    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, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

IV. Discussion of the Rule

    This rule establishes a safety zone on U.S. waters of the Detroit 
River, Detroit, MI, from a point on shore in Milliken State Park at 
42[deg]19.87' N., 083[deg]01.65' W., proceeding South-Southeast 
approximately 450 yards to a point mid-river corresponding with the 
international boundary at 42[deg]19.67' N., 083[deg]01.57' W., then 
proceeding approximately 1.3 miles West-Southwest along the 
international boundary to a point mid-river at 42[deg]19.28' N., 
083[deg]03.03' W. and then proceeding to a point on shore just west of 
the Joe Lewis Arena at 42[deg]19.45' N., 083[deg]03.17' W., and then 
following the U.S. bank of the Detroit River upstream to the point of 
origin (NAD 83).
    Entry into, transiting, or anchoring within this safety zone is 
prohibited unless authorized by the COTP or his on-scene representative 
on a case-by-case basis. The COTP or his on-scene representative may be 
contacted via VHF Channel 16 to coordinate vessel transits during the 
enforcement period.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.) related to rulemaking. Below we summarize our 
analyses based these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O. 
13563, Improving Regulation and Regulatory Review, and does not require 
an assessment of potential costs and benefits under section 6(a)(3) of 
E.O. 12866 or under section 1 of E.O. 13563. The Office of Management 
and Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule will be 
relatively small and enforced for a relatively short duration, and is 
designed to minimize the impact on navigation. Moreover, under certain 
conditions, vessels may still transit through the safety zone when 
permitted by the COTP on a case-by-case basis.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in portions of the Detroit River from 12:30 p.m. to 
6:30 p.m. on June 24, 25 and 26, 2016.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of these zones, Coast Guard Sector Detroit will issue a 
local Broadcast Notice to Mariners so vessel owners and operators can 
plan accordingly.
    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 so that they can better evaluate 
its effects on them. If this 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 above. The 
Coast Guard will not retaliate against 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 Tribal Implications

    A rule has implications for federalism under E.O. 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 determined 
that this rule does not have implications for federalism.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human

[[Page 40523]]

environment. This rule involves the establishment of a safety zone and 
is therefore categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

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.

H. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

J. Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not create an environmental risk 
to health or risk to safety that may disproportionately affect 
children.

K. Energy Effects

    This action is not a ``significant energy action'' under E.O. 
13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0460 to read as follows:


Sec.  165.T09-0460  Safety Zone; Detroit River Days Air Show, Detroit 
River, Detroit, MI.

    (a) Location. The following area is a temporary safety zone: All 
U.S. waters of the Detroit River, Detroit, MI from a point on shore in 
Milliken State Park at 42[deg]19.87' N., 083[deg]01.65' W., proceeding 
South-Southeast approximately 450 yards to a point mid-river on the 
international boundary at 42[deg]19.67' N., 083[deg]01.57' N., then 
proceeding approximately 1.3 miles West-Southwest along the 
international boundary to a point mid-river at 42[deg]19.28' N., 
083[deg]03.03' W., and then proceeding to a point on shore immediately 
West of the Joe Lewis arena at 42[deg]19.45' N., 083[deg]03.17' N., and 
then following the U.S. bank of the Detroit River upstream to the point 
of origin (NAD 83).
    (b) Enforcement periods. The safety zone described in paragraph (a) 
of this section will be enforced from 12:30 p.m. until 6:30 p.m. on 
June 24, 25, and 26, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited 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 on a case-by-
case basis.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State, or local 
law enforcement officer designated by or assisting the COTP to act on 
his behalf.
    (4) Vessel operators must contact the COTP or his on-scene 
representative to obtain permission to enter or operate within the 
safety zone. The Captain of the Port Detroit or his on-scene 
representative may be contacted via VHF Channel 16 or at 313-568-9560. 
Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the COTP or his 
on-scene representative.

    Dated: June 14, 2016.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2016-14817 Filed 6-21-16; 8:45 am]
 BILLING CODE 9110-04-P