[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Rules and Regulations]
[Pages 34405-34407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15596]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0619]
RIN 1625-AA00


Safety Zone; Selfridge Air Show, Clinton River, Harrison 
Township, 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 Clinton River in the vicinity of Harrison Township, MI. 
This zone is intended to restrict and control movement of vessels in a 
portion of the Clinton River. This zone is necessary to protect 
spectators and vessels from potential hazards associated with the 
Selfridge Air Show.

DATES: This temporary final rule is effective from 3:30 p.m. August 18, 
2017 through 4:30 p.m. on August 20, 2017.

[[Page 34406]]


ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0619 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. The Coast Guard did not receive the 
final details of this air show until there was insufficient time 
remaining before the event to publish an NPRM. Delaying this action to 
allow for public comment would be impracticable and contrary to the 
public interest since immediate action is needed to ensure that the 
zone is in effect to protect participants and public from potential 
dangers during this event.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable and contrary to public 
interest because immediate action is needed to protect persons and 
vessels from the hazards associated with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. 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.

IV. Discussion of the Rule

    This rule establishes a safety zone from 3:30 p.m. on August 18, 
2017, through 4:30 p.m. on August 20, 2017. The safety zone will 
encompass all navigable waters of the Clinton River between the 
following two lines extending from bank to bank: the first line is 
drawn directly across the channel at position 42[deg]35.809' N., 
082[deg]50.083' W. (NAD 83); the second line, to the east, is drawn 
directly across the channel at position 42[deg]35.863' N., 
082[deg]49.919' 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.
    The COTP or his designated on-scene representative will notify the 
public of the enforcement of this rule by all appropriate means, 
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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 NPRM has not 
been designated a ``significant regulatory action,'' under Executive 
Order 12866. Accordingly, the NPRM 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 not be able to safely transit around this safety zone which will 
impact a small designated area of the Clinton River from 3:30 p.m. on 
August 18, 2017 through 4:30 p.m. on August 20, 2017. Moreover, the 
Coast Guard will issue Broadcast Notice to Mariners 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 (Public Law 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.

[[Page 34407]]

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 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 (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 an hour per day that will prohibit 
entry within the .2 mile by .1 mile portion of the air show site. It is 
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(g) 
of the Instruction. A Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated in the ADDRESSES section of this preamble.

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 
recordkeeping 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.T09-0619 to read as follows:


Sec.  165.T09-0619  Safety Zone; Selfridge Air Show; Harrison Township, 
MI.

    (a) Location. The safety zone will encompass all navigable waters 
of the Clinton River between the following two lines extending from 
bank to bank: the first line is drawn directly across the channel at 
position 42[deg]35.809' N., 082[deg]50.083' W. (NAD 83); the second 
line, to the east, is drawn directly across the channel at position 
42[deg]35.863' N., 082[deg]49.919' W. (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 3:30 p.m. through 4:30 p.m. 
each day from August 18, 2017 through August 20, 2017.
    (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, or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Detroit 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 Captain of the Port Detroit 
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 313-568-9464. 
Vessel operators given permission to enter or operate in the regulated 
area must comply with all directions given to them by the Captain of 
the Port Detroit or his on-scene representative.

    Dated: July 20, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-15596 Filed 7-24-17; 8:45 am]
 BILLING CODE 9110-04-P