[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