[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Rules and Regulations]
[Pages 73423-73425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24946]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0610]
RIN 1625-AA00


Safety Zone; J5D Optic Line Replacement, 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 U.S. waters in the Detroit River, Detroit, MI. This safety 
zone is necessary to protect vessels from potential hazards associated 
with the replacement of the J5D optic line. Entry of vessels or persons 
into the zone is prohibited unless specifically authorized by the 
Captain of the Port (COTP) Detroit.

DATES: This temporary final rule is effective from 8 a.m. on November 
24, 2020, through 7 p.m. December 2, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2020-0610 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, email 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 73424]]

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 undersection 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 line replacement 
in time to publish an NPRM. As such, it is impracticable to publish an 
NPRM because doing so would prevent the Coast Guard from enforcing the 
temporary safety zone during the optic line replacement work, exposing 
the public to the dangers associated with this work. We are issuing 
this rule 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 for the same reason noted above.

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 COTP Detroit has determined that 
potential hazards associated with J5D Optic Line Replacement will be a 
safety concern to anyone in the vicinity of the replacement location. 
This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
line replacement is occurring.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from November 24, 
2020 at 8 a.m. through 7 p.m. on December 2, 2020. Each safety zone 
will be enforced for a four hour period on November 24, 2020 and on 
December 1, 2020. In the case of inclement weather on those dates, this 
safety zone will be enforced for a four hour period the day after both 
stated dates. Each safety zone will encompass all U.S. navigable waters 
of the Detroit River within 300 yards up-bound and 300 yards down-bound 
from the shore at position 42[deg]17.618' N, 083[deg]05.888' W (NAD 83) 
extending seaward to the international boundary line. No vessel or 
person will be permitted to enter each safety zone without obtaining 
permission from the COTP Detroit 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 
characteristics of each safety zone. Each safety zone created by this 
rule will impact a small designated area of the Detroit River and is 
designed to minimize the impact on its navigable waters. This rule is 
not anticipated to exceed four hours per enforced period. Vessel 
traffic will not be able to transit around the safety zone during the 
enforced period. Therefore, the Coast Guard will issue a Broadcast 
Notice to Mariners (BNM) via VHF-FM marine channel 16 about the zone 
and the rule allows vessels to seek permission to transit 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 
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,

[[Page 73425]]

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 environment. This rule involves a 
safety zone lasting four hours on two separate dates that will prohibit 
entry into the designated area. It is categorically excluded from 
further review under paragraph L60(a) 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 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.T09-0610 to read as follows:


Sec.  165.T09  0610 Safety Zone; J5D Optic Line Replacement, Detroit 
River, Detroit, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the Detroit River within 300 yards up-bound and 300 
yards down-bound from the shore at position 42[deg]17.618' N, 
083[deg]05.888' W (NAD 83) extending seaward to the international 
boundary line.
    (b) Enforcement period. This section establishes a safety zone from 
8.a.m. November 24, 2020 through 7 p.m. on December 2, 2020. Each 
safety zone will be enforced for a four hour period on November 24, 
2020 and on December 1, 2020. In the case of inclement weather on those 
dates, each safety zone will be enforced for a four hour period the day 
after both stated dates.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port (COTP) 
Detroit or a designated on-scene representative.
    (2) The safety zone is 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 
zone 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: November 5, 2020.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port, Detroit.
[FR Doc. 2020-24946 Filed 11-17-20; 8:45 am]
BILLING CODE 9110-04-P