[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Rules and Regulations]
[Pages 42943-42945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19404]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0304]
RIN 1625-AA00


Safety Zone; L4D Optic Ground Wire Crossing, St. Clair River, St. 
Clair, 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 2000-foot portion of the St. Clair River in 
the vicinity of St. Clair, MI. This zone is necessary to protect 
vessels from potential hazards associated with the L4D Optic Ground 
Wire Crossing.

DATES: This temporary final rule is effective from 7 a.m. on September 
12, 2017 through 7 p.m. September 13, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0304 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 
<a href="/cdn-cgi/l/email-protection#1a4e687b79633457345d73687b687e5a6f69797d34777376"><span class="__cf_email__" data-cfemail="e5b19784869ccba8cba28c97849781a590968682cb888c89">[email protected]</span></a>.

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. The 
Coast Guard did not receive the final details of this project until 
there was insufficient time remaining before the event to publish an 
NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect participants, mariners and vessels 
from the hazards associated with this event. 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 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazard associated with this project will be a safety concern 
to anyone within a 2000-foot area of the LD4 Ground Wire. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the project is being 
conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on September 12, 
2017 through 7 p.m. on September 13, 2017. A safety zone is established 
to include all U.S. navigable waters of the St. Clair river, St. Clair, 
MI, between the following two lines from bank-to-the U.S./Canadian 
border: The first line is drawn directly across the channel from 
position 42[deg]46.139' N., 082[deg]28.233' W. (NAD 83); the second 
line, to the south, is drawn directly across the channel from position 
42[deg]45.799' N., 082[deg]28.251' W. (NAD 83). This regulated area 
will be enforced during a one hour period of time between 7 a.m. 
through 7 p.m. on September 12, 2017. In the event of inclement weather 
the regulated area will be enforced during a one hour period of time 
between 7 a.m. through 7 p.m. on September 13, 2017. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

[[Page 42944]]

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 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Recreational 
vessel traffic will be able to safely transit around this safety zone 
with the exception of a one hour time frame between 7 a.m. to 7 p.m. 
during which the optic ground wire will cross the river on September 12 
or 13, 2017. Commercial traffic shall not be impeded. 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 (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 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 36 hours that will prohibit entry 
within 2000-feet of the project 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 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.T09-0304 to read as follows:

[[Page 42945]]

Sec.  165.T09-0304   Safety Zone; LD4 Optic Ground Wire Crossing, St. 
Clair River; St. Clair, MI.

    (a) Location. A safety zone is established to include all U.S. 
navigable waters of the St. Clair river, St. Clair, MI, between the 
following two lines from bank-to-the U.S./Canadian border: The first 
line is drawn directly across the channel from position 42[deg]46.139' 
N., 082[deg]28.233' W. (NAD 83); the second line, to the south, is 
drawn directly across the channel from position 42[deg]45.799' N., 
082[deg]28.251' W. (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) will be enforced during a one hour period of time between 7 a.m. 
through 7 p.m. on September 12, 2017. In the event of inclement weather 
the regulated area will be enforced during a one hour period of time 
between 7 a.m. through 7 p.m. on September 13, 2017.
    (c) Regulations. (1) No recreational 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 recreational traffic, except 
as may be permitted by the Captain of the Port Detroit or his on-scene 
representative. The safety zone shall not impede the safe navigation of 
commercial vessels.
    (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: September 7, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port, Detroit.
[FR Doc. 2017-19404 Filed 9-12-17; 8:45 am]
 BILLING CODE 9110-04-P


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