81_FR_22265 81 FR 22192 - Special Local Regulation; Hebda Cup Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI

81 FR 22192 - Special Local Regulation; Hebda Cup Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 73 (April 15, 2016)

Page Range22192-22194
FR Document2016-08781

The Coast Guard is establishing a temporary special local regulation controlling movement of vessels for certain waters of the Detroit River, Trenton Channel. This action is necessary and is intended to ensure safety of life on navigable waters to be used for a rowing event immediately prior to, during, and immediately after this event. This regulation requires vessels to maintain a minimum speed for safe navigation and maneuvering.

Federal Register, Volume 81 Issue 73 (Friday, April 15, 2016)
[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Rules and Regulations]
[Pages 22192-22194]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08781]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0208]
RIN 1625-AA08


Special Local Regulation; Hebda Cup Rowing Regatta; Detroit 
River, Trenton Channel; Wyandotte, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation controlling movement of vessels for certain waters of the 
Detroit River, Trenton Channel. This action is necessary and is 
intended to ensure safety of life on navigable waters to be used for a 
rowing event immediately prior to, during, and immediately after this 
event. This regulation requires vessels to maintain a minimum speed for 
safe navigation and maneuvering.

DATES: This temporary final rule is effective from 7:30 a.m. until 3 
p.m. on April 30, 2016. For the purposes of enforcement, actual notice 
will be used on April 30, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0208 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 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

COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking

II. Background History and Regulatory Information

    On April 30, 2016, the Wyandotte Boat Club is holding a rowing 
regatta in which at least 100 youth rowers will participate in a race 
in the Trenton Channel, a tributary of the Detroit River. Due to the 
projected amount of human-powered watercraft on the water, there is a 
need to require vessels in the affected waterways to maintain a minimum 
speed for safe navigation. The rowing regatta will occur between 7:30 
a.m. and 3 p.m. on April 30, 2016. This event has taken place under the 
same sponsorship in the same location annually for the past 51 years.
    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 
(NPRM) with respect to this rule because doing so would be 
impracticable. The final details of this event were not known to the 
Coast Guard 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 event participants, 
spectators, and other waterway users during this youth rowing regatta.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary 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.

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. The Captain of the Port Detroit (COTP) has 
determined that the likely combination of recreation vessels, 
commercial vessels, and an unknown number of spectators in close 
proximity to a youth rowing regatta along the water pose extra and 
unusual hazards to public safety and property. Therefore, the COTP is 
establishing a Special Local Regulation around the event location to 
help minimize risks to safety of life and property during this event.

IV. Discussion of Rule

    This rule establishes a temporary special local regulation from 
7:30 a.m. until 3 p.m. on April 30, 2016. In light of the 
aforementioned hazards, the COTP has determined that a special local 
regulation is necessary to protect spectators, vessels, and 
participants. The special local regulation will encompass the following 
waterway: All waters of the Detroit River, Trenton Channel between the 
following two lines going from bank-to-bank: The first line is drawn 
directly across the channel from position 42[deg]11.0' N., 
083[deg]09.4' W. (NAD 83); the second line, to the north, is drawn 
directly across the channel from position 42[deg]11.7' N., 083[deg]8.9' 
W. (NAD 83).
    An on-scene representative of the COTP or event sponsor 
representatives may permit vessels to transit the area when no race 
activity is occurring. The on-scene representative may be present on 
any Coast Guard, state or local law enforcement vessel assigned to 
patrol the event. Vessel operators desiring to transit through the 
regulated area must contact the Coast Guard Patrol Commander to obtain 
permission to do so. The COTP or his designated on-scene representative 
may be contacted via VHF Channel 16.
    The COTP or his designated on-scene representative will notify the 
public of the enforcement of this rule by all appropriate means, 
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses

[[Page 22193]]

based on 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 
Executive Order 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 Coast Guard's use of this special local regulation will be of 
relatively small size and only seven and a half hours in duration, and 
it is designed to minimize the impact on navigation. Moreover, vessels 
may transit through the area affected by this special local regulation 
at a minimum speed for safe navigation. Overall, the Coast Guard 
expects minimal impact to vessel movement from the enforcement of this 
special local regulation.

B. Impact on Small Entities

    As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered the potential impact of regulations 
on small entities during rulemaking. 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.
    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 this portion of the Detroit River, Trenton Channel 
in the vicinity of Wyandotte, MI between 7:30 a.m. and 3 p.m. on April 
30, 2016.
    This special local regulation 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 the regulation, Coast Guard Sector Detroit will issue a 
local Broadcast Notice to Mariners so vessel owners and operators can 
plan accordingly.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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.
    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 entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

D. 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).

E. Federalism

    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.

F. 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.

G. 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.

H. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 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. Indian Tribal Governments

    This rule does not have tribal implications under E.O. 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.

L. 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.

M. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

N. 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

[[Page 22194]]

significant effect on the human environment. This rule involves the 
establishment of a special local regulation and is therefore 
categorically excluded from further review under paragraph 34(h) 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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.35T09-0208 to read as follows:


Sec.  100.35T09-0208  Special Local Regulation; Hebda Cup Rowing 
Regatta; Detroit River, Trenton Channel; Wyandotte, MI.

    (a) Regulated area. A regulated area is established to encompass 
the following waterway: All waters of the Detroit River, Trenton 
Channel between the following two lines going from bank-to-bank: The 
first line is drawn directly across the channel from position 
42[deg]11.0' N., 083[deg]9.4' W. (NAD 83); the second line, to the 
north, is drawn directly across the channel from position 42[deg]11.7' 
N., 083[deg]8.9' W. (NAD 83).
    (b) Effective period. This section is effective and will be 
enforced from 7:30 a.m. until 3 p.m. on April 30, 2016.
    (c) Regulations. (1) Vessels transiting through the regulated area 
are to maintain the minimum speeds for safe navigation.
    (2) Vessel operators desiring to operate in the regulated area must 
contact the Coast Guard Patrol Commander to obtain permission to do so. 
The Captain of the Port Detroit (COTP) or his on-scene representative 
may be contacted via VHF Channel 16 or at 313-568-9560. Vessel 
operators given permission to operate within the regulated area must 
comply with all directions given to them by the COTP or his on-scene 
representative.
    (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.

    Dated: March 25, 2016.
Scott B. Lemasters,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2016-08781 Filed 4-14-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                22192                Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Rules and Regulations

                                                Subpart I—Paperwork Reduction Act                       www.regulations.gov, type USCG–2016–                  than 30 days after publication in the
                                                                                                        0208 in the ‘‘SEARCH’’ box and click                  Federal Register. For the same reasons
                                                § 566.901   Paperwork Reduction Act notice.             ‘‘SEARCH.’’ Click on Open Docket                      discussed in the preceding paragraph,
                                                  For approval by the Office of                         Folder on the line associated with this               waiting for a 30 day notice period to run
                                                Management and Budget (OMB) under                       rule.                                                 would be impracticable.
                                                the Paperwork Reduction Act of 1995                     FOR FURTHER INFORMATION CONTACT: If                   III. Legal Authority and Need for Rule
                                                (44 U.S.C. 3507) of information                         you have questions on this temporary
                                                collections relating to recordkeeping                   final rule, call or email Petty Officer                  The Coast Guard is issuing this rule
                                                and reporting requirements, licensing                   Todd Manow, Prevention Department,                    under authority in 33 U.S.C. 1231, 33
                                                procedures (including those pursuant to                 Sector Detroit, Coast Guard; telephone                CFR 1.05–1 and 160.5; and Department
                                                statements of licensing policy), and                    313–568–9508, email Todd.M.Manow@                     of Homeland Security Delegation No.
                                                other procedures, see § 501.901 of this                 uscg.mil.                                             0170.1. The Captain of the Port Detroit
                                                chapter. An agency may not conduct or                                                                         (COTP) has determined that the likely
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                sponsor, and a person is not required to                                                                      combination of recreation vessels,
                                                respond to, a collection of information                 I. Table of Abbreviations                             commercial vessels, and an unknown
                                                unless it displays a valid control                      COTP Captain of the Port
                                                                                                                                                              number of spectators in close proximity
                                                number assigned by OMB.                                 DHS Department of Homeland Security                   to a youth rowing regatta along the
                                                  Dated: April 11, 2016.                                E.O. Executive Order                                  water pose extra and unusual hazards to
                                                                                                        NAD 83 North American Datum of 1983                   public safety and property. Therefore,
                                                John E. Smith,
                                                                                                        NPRM Notice of Proposed Rulemaking                    the COTP is establishing a Special Local
                                                Acting Director, Office of Foreign Assets                                                                     Regulation around the event location to
                                                Control.                                                II. Background History and Regulatory
                                                                                                        Information                                           help minimize risks to safety of life and
                                                  Approved:                                                                                                   property during this event.
                                                  Dated: April 11, 2016.                                   On April 30, 2016, the Wyandotte
                                                Adam J. Szubin,                                         Boat Club is holding a rowing regatta in              IV. Discussion of Rule
                                                Acting Under Secretary, Office of Terrorism             which at least 100 youth rowers will                     This rule establishes a temporary
                                                and Financial Intelligence, Department of the           participate in a race in the Trenton                  special local regulation from 7:30 a.m.
                                                Treasury.                                               Channel, a tributary of the Detroit River.            until 3 p.m. on April 30, 2016. In light
                                                [FR Doc. 2016–08720 Filed 4–14–16; 8:45 am]             Due to the projected amount of human-                 of the aforementioned hazards, the
                                                BILLING CODE P                                          powered watercraft on the water, there                COTP has determined that a special
                                                                                                        is a need to require vessels in the                   local regulation is necessary to protect
                                                                                                        affected waterways to maintain a                      spectators, vessels, and participants.
                                                DEPARTMENT OF HOMELAND                                  minimum speed for safe navigation. The                The special local regulation will
                                                SECURITY                                                rowing regatta will occur between 7:30                encompass the following waterway: All
                                                                                                        a.m. and 3 p.m. on April 30, 2016. This               waters of the Detroit River, Trenton
                                                Coast Guard                                             event has taken place under the same                  Channel between the following two
                                                                                                        sponsorship in the same location                      lines going from bank-to-bank: The first
                                                33 CFR Part 100                                         annually for the past 51 years.                       line is drawn directly across the channel
                                                                                                           The Coast Guard is issuing this                    from position 42°11.0′ N., 083°09.4′ W.
                                                [Docket No. USCG–2016–0208]                             temporary final rule without prior                    (NAD 83); the second line, to the north,
                                                RIN 1625–AA08                                           notice and opportunity to comment                     is drawn directly across the channel
                                                                                                        pursuant to authority under section 4(a)              from position 42°11.7′ N., 083°8.9′ W.
                                                Special Local Regulation; Hebda Cup                     of the Administrative Procedure Act                   (NAD 83).
                                                Rowing Regatta; Detroit River, Trenton                  (APA) (5 U.S.C. 553(b)). This provision                  An on-scene representative of the
                                                Channel; Wyandotte, MI                                  authorizes an agency to issue a rule                  COTP or event sponsor representatives
                                                                                                        without prior notice and opportunity to               may permit vessels to transit the area
                                                AGENCY:    Coast Guard, DHS.                            comment when the agency, for good                     when no race activity is occurring. The
                                                ACTION:   Temporary final rule.                         cause, finds that those procedures are                on-scene representative may be present
                                                                                                        ‘‘impracticable, unnecessary, or contrary             on any Coast Guard, state or local law
                                                SUMMARY:    The Coast Guard is
                                                                                                        to the public interest.’’ Under 5 U.S.C.              enforcement vessel assigned to patrol
                                                establishing a temporary special local
                                                                                                        553(b)(B), the Coast Guard finds that                 the event. Vessel operators desiring to
                                                regulation controlling movement of
                                                                                                        good cause exists for not publishing a                transit through the regulated area must
                                                vessels for certain waters of the Detroit
                                                                                                        notice of proposed rulemaking (NPRM)                  contact the Coast Guard Patrol
                                                River, Trenton Channel. This action is
                                                                                                        with respect to this rule because doing               Commander to obtain permission to do
                                                necessary and is intended to ensure
                                                                                                        so would be impracticable. The final                  so. The COTP or his designated on-
                                                safety of life on navigable waters to be
                                                                                                        details of this event were not known to               scene representative may be contacted
                                                used for a rowing event immediately
                                                                                                        the Coast Guard until there was                       via VHF Channel 16.
                                                prior to, during, and immediately after
                                                                                                        insufficient time remaining before the                   The COTP or his designated on-scene
                                                this event. This regulation requires
                                                                                                        event to publish an NPRM. Thus,                       representative will notify the public of
                                                vessels to maintain a minimum speed
                                                                                                        delaying the effective date of this rule to           the enforcement of this rule by all
                                                for safe navigation and maneuvering.
                                                                                                        wait for a comment period to run would                appropriate means, including a
                                                DATES: This temporary final rule is                     be impracticable because it would                     Broadcast Notice to Mariners and Local
jstallworth on DSK7TPTVN1PROD with RULES




                                                effective from 7:30 a.m. until 3 p.m. on                inhibit the Coast Guard’s ability to event            Notice to Mariners.
                                                April 30, 2016. For the purposes of                     participants, spectators, and other
                                                enforcement, actual notice will be used                 waterway users during this youth                      V. Regulatory Analyses
                                                on April 30, 2016.                                      rowing regatta.                                         We developed this rule after
                                                ADDRESSES: To view documents                               Under 5 U.S.C. 553(d)(3), the Coast                considering numerous statutes and
                                                mentioned in this preamble as being                     Guard finds that good cause exists for                executive orders related to rulemaking.
                                                available in the docket, go to http://                  making this temporary rule effective less             Below we summarize our analyses


                                           VerDate Sep<11>2014   14:40 Apr 14, 2016   Jkt 238001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\15APR1.SGM   15APR1


                                                                     Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Rules and Regulations                                        22193

                                                based on these statutes or executive                    Fairness Act of 1996 (Public Law 104–                 $100,000,000 (adjusted for inflation) or
                                                orders.                                                 121), we want to assist small entities in             more in any one year. Though this rule
                                                                                                        understanding this rule so that they can              will not result in such expenditure, we
                                                A. Regulatory Planning and Review
                                                                                                        better evaluate its effects on them. If this          do discuss the effects of this rule
                                                  This rule is not a significant                        rule would affect your small business,                elsewhere in this preamble.
                                                regulatory action under section 3(f) of                 organization, or governmental
                                                E.O. 12866, Regulatory Planning and                                                                           H. Taking of Private Property
                                                                                                        jurisdiction and you have questions
                                                Review, as supplemented by E.O. 13563,                  concerning its provisions or options for                This rule will not cause a taking of
                                                Improving Regulation and Regulatory                     compliance, please contact the person                 private property or otherwise have
                                                Review, and does not require an                         listed in the FOR FURTHER INFORMATION                 taking implications under Executive
                                                assessment of potential costs and                       CONTACT section above.                                Order 12630, Governmental Actions and
                                                benefits under section 6(a)(3) of                          Small businesses may send comments                 Interference with Constitutionally
                                                Executive Order 12866 or under section                  on the actions of Federal employees                   Protected Property Rights.
                                                1 of E.O. 13563. The Office of                          who enforce, or otherwise determine
                                                Management and Budget has not                                                                                 I. Civil Justice Reform
                                                                                                        compliance with, Federal regulations to
                                                reviewed it under those Orders.                         the Small Business and Agriculture                       This rule meets applicable standards
                                                  We conclude that this rule is not a                   Regulatory Enforcement Ombudsman                      in sections 3(a) and 3(b)(2) of E.O.
                                                significant regulatory action because we                and the Regional Small Business                       12988, Civil Justice Reform, to minimize
                                                anticipate that it will have minimal                    Regulatory Fairness Boards. The                       litigation, eliminate ambiguity, and
                                                impact on the economy, will not                         Ombudsman evaluates these actions                     reduce burden.
                                                interfere with other agencies, will not                 annually and rates each agency’s                      J. Protection of Children
                                                adversely alter the budget of any grant                 responsiveness to small business. If you
                                                or loan recipients, and will not raise any              wish to comment on actions by                           We have analyzed this rule under E.O.
                                                novel legal or policy issues.                           employees of the Coast Guard, call 1–                 13045, Protection of Children from
                                                  The Coast Guard’s use of this special                 888–REG–FAIR (1–888–734–3247). The                    Environmental Health Risks and Safety
                                                local regulation will be of relatively                  Coast Guard will not retaliate against                Risks. This rule is not an economically
                                                small size and only seven and a half                    entities that question or complain about              significant rule and does not create an
                                                hours in duration, and it is designed to                this rule or any policy or action of the              environmental risk to health or risk to
                                                minimize the impact on navigation.                      Coast Guard.                                          safety that may disproportionately affect
                                                Moreover, vessels may transit through                                                                         children.
                                                the area affected by this special local                 D. Collection of Information
                                                                                                                                                              K. Indian Tribal Governments
                                                regulation at a minimum speed for safe                    This rule will not call for a new
                                                navigation. Overall, the Coast Guard                    collection of information under the                     This rule does not have tribal
                                                expects minimal impact to vessel                        Paperwork Reduction Act of 1995 (44                   implications under E.O. 13175,
                                                movement from the enforcement of this                   U.S.C. 3501–3520).                                    Consultation and Coordination with
                                                special local regulation.                                                                                     Indian Tribal Governments, because it
                                                                                                        E. Federalism                                         does not have a substantial direct effect
                                                B. Impact on Small Entities                                A rule has implications for federalism             on one or more Indian tribes, on the
                                                   As per the Regulatory Flexibility Act                under E.O. 13132, Federalism, if it has               relationship between the Federal
                                                of 1980 (RFA), 5 U.S.C. 601–612, as                     a substantial direct effect on the States,            Government and Indian tribes, or on the
                                                amended, we have considered the                         on the relationship between the national              distribution of power and
                                                potential impact of regulations on small                government and the States, or on the                  responsibilities between the Federal
                                                entities during rulemaking. The Coast                   distribution of power and                             Government and Indian tribes.
                                                Guard certifies under 5 U.S.C. 605(b)                   responsibilities among the various
                                                                                                                                                              L. Energy Effects
                                                that this rule will not have a significant              levels of government. We have analyzed
                                                economic impact on a substantial                        this rule under that Order and                          This action is not a ‘‘significant
                                                number of small entities.                               determined that this rule does not have               energy action’’ under E.O. 13211,
                                                   This rule will affect the following                  implications for federalism.                          Actions Concerning Regulations That
                                                entities, some of which might be small                                                                        Significantly Affect Energy Supply,
                                                entities: The owners or operators of                    F. Protest Activities                                 Distribution, or Use.
                                                vessels intending to transit or anchor in                 The Coast Guard respects the First
                                                                                                                                                              M. Technical Standards
                                                this portion of the Detroit River, Trenton              Amendment rights of protesters.
                                                Channel in the vicinity of Wyandotte,                   Protesters are asked to contact the                     This rule does not use technical
                                                MI between 7:30 a.m. and 3 p.m. on                      person listed in the FOR FURTHER                      standards. Therefore, we did not
                                                April 30, 2016.                                         INFORMATION CONTACT section to                        consider the use of voluntary consensus
                                                   This special local regulation will not               coordinate protest activities so that your            standards.
                                                have a significant economic impact on                   message can be received without                       N. Environment
                                                a substantial number of small entities                  jeopardizing the safety or security of
                                                for the reasons cited in the Regulatory                 people, places, or vessels.                             We have analyzed this rule under
                                                Planning and Review section.                                                                                  Department of Homeland Security
                                                                                                        G. Unfunded Mandates Reform Act                       Management Directive 023–01 and
                                                Additionally, before the enforcement of
                                                the regulation, Coast Guard Sector                        The Unfunded Mandates Reform Act                    Commandant Instruction M16475.lD,
jstallworth on DSK7TPTVN1PROD with RULES




                                                Detroit will issue a local Broadcast                    of 1995 (2 U.S.C. 1531–1538) requires                 which guide the Coast Guard in
                                                Notice to Mariners so vessel owners and                 Federal agencies to assess the effects of             complying with the National
                                                operators can plan accordingly.                         their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                                                                                        particular, the Act addresses actions                 (NEPA) (42 U.S.C. 4321–4370f), and
                                                C. Assistance for Small Entities                        that may result in the expenditure by a               have concluded this action is one of a
                                                  Under section 213(a) of the Small                     State, local, or tribal government, in the            category of actions which do not
                                                Business Regulatory Enforcement                         aggregate, or by the private sector of                individually or cumulatively have a


                                           VerDate Sep<11>2014   14:40 Apr 14, 2016   Jkt 238001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\15APR1.SGM   15APR1


                                                22194                Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Rules and Regulations

                                                significant effect on the human                           (3) The ‘‘on-scene representative’’ of              temporary deviation, the bridge will
                                                environment. This rule involves the                     the COTP is any Coast Guard                           remain in the closed-to-navigation
                                                establishment of a special local                        commissioned, warrant or petty officer                position from 5 a.m. April 30, 2016 to
                                                regulation and is therefore categorically               or a Federal, State, or local law                     5 a.m. May 7, 2016; from 5 a.m. May 14,
                                                excluded from further review under                      enforcement officer designated by or                  2016 to 5 a.m. May 21, 2016; and from
                                                paragraph 34(h) of Figure 2–1 of the                    assisting the COTP to act on his behalf.              5 a.m. June 4, 2016 to 5 a.m. June 11,
                                                Commandant Instruction. An                                Dated: March 25, 2016.                              2016. The lift span will not be able to
                                                environmental analysis checklist                        Scott B. Lemasters,
                                                                                                                                                              open since one counterweight will be
                                                supporting this determination and a                                                                           detached until the end of the repair
                                                                                                        Captain, U. S. Coast Guard, Captain of the
                                                Categorical Exclusion Determination are                 Port Detroit.
                                                                                                                                                              work.
                                                available in the docket where indicated                                                                          Vessels able to pass through the
                                                                                                        [FR Doc. 2016–08781 Filed 4–14–16; 8:45 am]
                                                under ADDRESSES. We seek any                                                                                  bridge in the closed position may do so
                                                                                                        BILLING CODE 9110–04–P
                                                comments or information that may lead                                                                         at anytime. The bridge will not be able
                                                to the discovery of a significant                                                                             to open for emergencies and there is no
                                                environmental impact from this rule.                    DEPARTMENT OF HOMELAND                                immediate alternate route for vessels
                                                                                                        SECURITY                                              unable to pass through the bridge in the
                                                List of Subjects in 33 CFR Part 100
                                                                                                                                                              closed position. The rope replacement
                                                  Marine safety, Navigation (water),                    Coast Guard                                           construction schedule was developed
                                                Reporting and recordkeeping                                                                                   through the coordination with Coast
                                                requirements, Waterways.                                33 CFR Part 117                                       Guard Sector Delaware Bay and the
                                                  For the reasons discussed in the                                                                            Mariners’ Advisory Committee for the
                                                                                                        [Docket No. USCG–2016–0228]                           Bay and River Delaware (MAC). The
                                                preamble, the Coast Guard amends 33
                                                CFR part 100 as follows:                                                                                      Coast Guard will also inform the users
                                                                                                        Drawbridge Operation Regulation;
                                                                                                                                                              of the waterways through our Local and
                                                                                                        Delaware River, Delair, NJ to
                                                PART 100—SAFETY OF LIFE ON                                                                                    Broadcast Notices to Mariners of the
                                                                                                        Philadelphia, PA
                                                NAVIGABLE WATERS                                                                                              change in operating schedule for the
                                                                                                        AGENCY: Coast Guard, DHS.                             bridge so that vessel operators can
                                                ■ 1. The authority citation for part 100                ACTION:Notice of deviation from                       arrange their transits to minimize any
                                                continues to read as follows:                           drawbridge regulation.                                impact caused by the temporary
                                                    Authority: 33 U.S.C. 1233.                                                                                deviation.
                                                                                                        SUMMARY:   The Coast Guard has issued a                  In accordance with 33 CFR 117.35 (e),
                                                ■ 2. Add § 100.35T09–0208 to read as                    temporary deviation from the operating                the drawbridge must return to its regular
                                                follows:                                                schedule that governs the Delair Bridge               operating schedule immediately at the
                                                § 100.35T09–0208 Special Local
                                                                                                        across the Delaware River, mile 104.6,                end of the effective period of this
                                                Regulation; Hebda Cup Rowing Regatta;                   between Philadelphia PA and Delair, NJ.               temporary deviation. This deviation
                                                Detroit River, Trenton Channel; Wyandotte,              The deviation is necessary to perform                 from the operating regulations is
                                                MI.                                                     bridge repairs. This deviation allows the             authorized under 33 CFR 117.35.
                                                   (a) Regulated area. A regulated area is              bridge to remain in the closed-to-
                                                                                                                                                                Dated: April 11, 2016.
                                                established to encompass the following                  navigation position.
                                                                                                                                                              Hal R. Pitts,
                                                waterway: All waters of the Detroit                     DATES: This deviation is effective from
                                                                                                        5 a.m. on April 30, 2016 to 5 a.m. on                 Bridge Program Manager, Fifth Coast Guard
                                                River, Trenton Channel between the                                                                            District.
                                                following two lines going from bank-to-                 June 11, 2016.
                                                                                                                                                              [FR Doc. 2016–08690 Filed 4–14–16; 8:45 am]
                                                bank: The first line is drawn directly                  ADDRESSES: The docket for this
                                                                                                                                                              BILLING CODE 9110–04–P
                                                across the channel from position                        deviation, [USCG–2016–0228] is
                                                42°11.0′ N., 083°9.4′ W. (NAD 83); the                  available at http://www.regulations.gov.
                                                second line, to the north, is drawn                     Type the docket number in the
                                                directly across the channel from                        ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                  ENVIRONMENTAL PROTECTION
                                                position 42°11.7′ N., 083°8.9′ W. (NAD                  Click on Open Docket Folder on the line               AGENCY
                                                83).                                                    associated with this deviation.
                                                                                                                                                              40 CFR Parts 52 and 81
                                                   (b) Effective period. This section is                FOR FURTHER INFORMATION CONTACT: If
                                                effective and will be enforced from 7:30                you have questions on this temporary                  [EPA–R09–OAR–2014–0636; FRL–9944–93–
                                                a.m. until 3 p.m. on April 30, 2016.                    deviation, call or email Mrs. Traci                   Region 9]
                                                   (c) Regulations. (1) Vessels transiting              Whitfield, Bridge Administration
                                                                                                                                                              Adequacy Status of Motor Vehicle
                                                through the regulated area are to                       Branch Fifth District, Coast Guard;
                                                                                                                                                              Emissions Budgets in Submitted PM2.5
                                                maintain the minimum speeds for safe                    telephone (757) 398–6629, email
                                                                                                                                                              Moderate Area Plan for San Joaquin
                                                navigation.                                             Traci.G.Whitfield@uscg.mil.
                                                                                                                                                              Valley; California
                                                   (2) Vessel operators desiring to                     SUPPLEMENTARY INFORMATION: Conrail,
                                                operate in the regulated area must                      owner of the Delair Bridge, has                       AGENCY: Environmental Protection
                                                contact the Coast Guard Patrol                          requested a temporary deviation from                  Agency (EPA).
                                                Commander to obtain permission to do                    the current operating regulation to                   ACTION: Notice of adequacy.
                                                so. The Captain of the Port Detroit                     perform urgent repairs by replacing wire
jstallworth on DSK7TPTVN1PROD with RULES




                                                (COTP) or his on-scene representative                   ropes connecting the counterweights                   SUMMARY:  The Environmental Protection
                                                may be contacted via VHF Channel 16                     and the lift span. The bridge is a vertical           Agency (EPA) is notifying the public
                                                or at 313–568–9560. Vessel operators                    lift-span bridge and has a vertical                   that the Agency has found that the
                                                given permission to operate within the                  clearance in the closed position of 49                motor vehicle emissions budgets
                                                regulated area must comply with all                     feet above mean high water.                           (MVEBs or ‘‘budgets’’) for the years 2014
                                                directions given to them by the COTP or                    The current operating schedule is set              and 2017 in the San Joaquin Valley
                                                his on-scene representative.                            out in 33 CFR 117.716. Under this                     Moderate Area Plan, as revised in a


                                           VerDate Sep<11>2014   14:40 Apr 14, 2016   Jkt 238001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\15APR1.SGM   15APR1



Document Created: 2016-04-15 00:55:43
Document Modified: 2016-04-15 00:55:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 7:30 a.m. until 3 p.m. on April 30, 2016. For the purposes of enforcement, actual notice will be used on April 30, 2016.
ContactIf 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]
FR Citation81 FR 22192 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR