[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Rules and Regulations]
[Pages 29376-29378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13133]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0367]
RIN 1625-AA00


Safety Zone; Tuskegee Airmen 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 for 
navigable waters in the vicinity of Detroit, MI. This zone is necessary 
to protect spectators and vessels from potential hazards associated 
with the Tuskegee Airmen River Days Airshow.

DATES: This temporary final rule is effective from 12:30 p.m. on June 
21, 2019 until 8 p.m. on June 24, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0367 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Tracy Girard, Prevention Department, 
Sector Detroit, Coast Guard; telephone 313-568-9564, or email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Detroit
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the final details of this air show in time 
to publish an NPRM. As such, it is impracticable to publish an NPRM 
because we lack sufficient time to provide a reasonable comment period 
and then consider those comments before issuing the rule and immediate 
action is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
airshow is conducted.
    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 inhibit the Coast Guard's ability to protect 
participants, mariners 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 46 U.S.C. 
70034 (previously 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. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone while 
the airshow is being displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 12:30 p.m. on June 21, 
2019 until 8 p.m. on June 24, 2019. The safety zone will encompass all 
U.S. navigable waters of the Detroit River between the following two 
lines extending from 70 feet off the bank to the US/Canadian 
demarcation line: The first line is drawn directly across the channel 
at position 42[deg]18.995' N, 083[deg] 04.285' W (NAD 83); the second 
line, to the east, is drawn directly across the channel at position 
42[deg]19.574' N 083[deg]02.622' W (NAD 83). No vessel or person will 
be permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of the Detroit River for no more than 
four hours per day from 12:30 p.m. on June 21, 2019 until 8 p.m. June 
24, 2019. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners (BNM) via VHF-FM marine channel 16 about the zone and the rule 
allows vessels to seek permission to enter the zone.

[[Page 29377]]

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone lasting two hours that 
will prohibit entry into a designated area. It is categorically 
excluded from further review under paragraph L60(a) in Table 3-1 of 
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. 
A Record of Environmental Consideration supporting this determination 
is available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T09-0367 to read as follows:


Sec.  165.T09-2019-0367   Safety Zone; Tuskegee Airmen River Days Air 
show, Detroit River, Detroit, MI.

    (a) Location. The safety zone will encompass all U.S. navigable 
waters of the Detroit River between the following two lines extending 
from 70 feet off the bank to the US/Canadian demarcation line: the 
first line is drawn directly across the channel at position 
42[deg]18.995' N, 083[deg] 04.285' W (NAD 83); the second line, to the 
east, is drawn directly across the channel at position 42[deg]19.574' N 
083[deg]02.622' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) will be enforced from 12:30 p.m. through 3 p.m. on June 21, 2019; 3 
p.m. through 5:30 p.m. on June 22, 2019 and June 23, 2019; and 4 p.m. 
until 8 p.m. on June 24, 2019.
    (c) Regulations. (1) No vessel or person may enter, transit 
through, or anchor within the safety zone unless authorized by the 
Captain of the Port Detroit (COTP), or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State, or local 
law enforcement officer designated by or assisting the Captain of the 
Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the COTP or his on-scene 
representative to obtain permission to enter or operate within the 
safety zone. The COTP or his

[[Page 29378]]

on-scene representative may be contacted via VHF Channel 16 or at 313-
568-9464. Vessel operators given permission to enter or operate in the 
regulated area must comply with all directions given to them by the 
COTP or his on-scene representative.

    Dated: June 14, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-13133 Filed 6-21-19; 8:45 am]
 BILLING CODE 9110-04-P