[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43698-43699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18105]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0692]
RIN 1625-AA00


Safety Zone; Waterview Loft ASM Event Fireworks, Detroit River, 
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 within a 120-yard radius of a portion of the Detroit 
River, Detroit, MI. This zone is necessary to protect spectators and 
vessels from potential hazards associated with the Waterview Loft ASM 
Event Fireworks.

DATES: This temporary final rule is effective from 8 p.m. through 8:30 
p.m. on October 16, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0692 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 fireworks display 
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. 
Furthermore, immediate action is needed to allow the Coast Guard to 
enhance the safety of this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Detroit (COTP) has determined that 
potential hazard associated with fireworks from 8 p.m. through 8:30 
p.m. on October 16, 2019 will be a safety concern to anyone within a 
120-yard radius of the launch site. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the fireworks are being displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 p.m. through 8:30 p.m. 
on October 16, 2019. The safety zone will encompass all U.S. navigable 
waters of the Detroit River, Detroit, MI, within a 120-yard radius of 
position 42[deg]19.529' N, 083[deg]02.436' 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 from 8 p.m. through 
8:30 p.m. on October 16, 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.

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

[[Page 43699]]

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 one and a half 
hours on two nights that will prohibit entry into a designated area. It 
is categorically excluded from further review under paragraph L[60](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 
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: 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.T09-0692 to read as follows:


Sec.  165.T09-0692  Safety Zone; Waterview Loft ASM Event Fireworks, 
Detroit, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the Detroit River, Detroit, MI, within a 120-yard 
radius of position 42[deg]19.529' N, 083[deg]02.436' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) will be enforced from 8 p.m. until 8:30 p.m. on October 16, 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 or her on-scene 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or his or her 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 or her behalf.
    (4) Vessel operators shall contact the COTP or his or her on-scene 
representative to obtain permission to enter or operate within the 
safety zone. The COTP or his or her 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 or her on-scene 
representative.

    Dated: August 16, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-18105 Filed 8-21-19; 8:45 am]
BILLING CODE 9110-04-P