81_FR_23499 81 FR 23422 - Special Local Regulation; Wy-Hi Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI

81 FR 23422 - Special Local Regulation; Wy-Hi Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 77 (April 21, 2016)

Page Range23422-23425
FR Document2016-09275

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 77 (Thursday, April 21, 2016)
[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Rules and Regulations]
[Pages 23422-23425]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09275]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0209]
RIN 1625-AA08


Special Local Regulation; Wy-Hi 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 4:30 
p.m. on May 7, 2016. For the purposes of enforcement, actual notice 
will be used on May 7, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0209 in the ``SEARCH'' box and click

[[Page 23423]]

``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rule. You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 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-
9564, email [email protected]. If you have questions on viewing the 
docket, call Cheryl Collins, Program Manager, Docket Operations, 
telephone 202-366-9826.

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 May 7, 2016, the Wyandotte Boat Club is holding a rowing regatta 
in which at least 150 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 4:30 p.m. on May 7, 2016. This event has taken place under the same 
sponsorship in the same location annually for the past 10 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 protect 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. Having reviewed the application for a marine 
event submitted by the sponsor, 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 4:30 p.m. on May 7, 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 
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 nine 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 4:30 p.m. on May 
7, 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

[[Page 23424]]

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 (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.
    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 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.  100.35T09-0209 to read as follows:


Sec.  100.35T09-0209  Special Local Regulation; Wy-Hi 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) Enforcement period. This section is will be enforced from 7:30 
a.m. until 4:30 p.m. on May 7, 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

[[Page 23425]]

(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. 2016-09275 Filed 4-20-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                23422              Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations

                                                certification requirements of 14 CFR                    Should Gulfstream apply at a later date               velocity may be assumed in the absence
                                                part 36. The FAA must issue a finding                   for a change to the type certificate to               of a rational time history investigation
                                                of regulatory adequacy under § 611 of                   include another model incorporating the               of the maneuver.
                                                Public Law 92–574, the ‘‘Noise Control                  same novel or unusual design feature,                    2. At VA, sudden movement of the
                                                Act of 1972.’’                                          these special conditions would apply to               flightdeck roll control up to the limit is
                                                  The FAA issues special conditions, as                 that model as well.                                   assumed. The position of the flightdeck
                                                defined in 14 CFR 11.19, in accordance                                                                        roll control must be maintained until a
                                                                                                        Conclusion
                                                with § 11.38, and they become part of                                                                         steady roll rate is achieved and then
                                                the type-certification basis under                         This action affects only a certain                 must be returned suddenly to the
                                                § 21.17(a)(2).                                          novel or unusual design feature on one                neutral position.
                                                                                                        model series of airplanes. It is not a rule              3. At VC, the flightdeck roll control
                                                Novel or Unusual Design Features                        of general applicability.                             must be moved suddenly and
                                                   The Model GVII–G500 series airplane                     The substance of these special                     maintained so as to achieve a roll rate
                                                will incorporate the following novel or                 conditions has been subjected to the                  not less than that obtained in special
                                                unusual design feature: An electronic                   notice and comment period in several                  condition 2.
                                                flight-control system that provides                     prior instances and has been derived                     4. At VD, the flightdeck roll control
                                                control of the airplane through pilot                   without substantive change from those                 must be moved suddenly and
                                                inputs to the flight computer.                          previously issued. It is unlikely that                maintained so as to achieve a roll rate
                                                   Current 14 CFR part 25 airworthiness                 prior public comment would result in a                not less than one-third of that obtained
                                                regulations account for control laws for                significant change from the substance                 in special condition 2.
                                                which aileron deflection is proportional                contained herein. Therefore, because a
                                                to control-stick deflection. The                        delay would significantly affect the                    Issued in Renton, Washington, on April 14,
                                                                                                        certification of the airplane, the FAA                2016.
                                                regulations do not address
                                                nonlinearities or other effects on aileron              has determined that prior public notice               Victor Wicklund,
                                                actuation that electronic flight controls               and comment are unnecessary and                       Acting Manager, Transport Airplane
                                                may cause. Because this type of system                  impracticable, and good cause exists for              Directorate, Aircraft Certification Service.
                                                may affect flight loads, and therefore the              adopting these special conditions upon                [FR Doc. 2016–09326 Filed 4–20–16; 8:45 am]
                                                structural capability of the airplane,                  publication in the Federal Register.                  BILLING CODE 4910–13–P
                                                specific regulations are needed to                         The FAA is requesting comments to
                                                address these effects.                                  allow interested persons to submit
                                                                                                        views that may not have been submitted                DEPARTMENT OF HOMELAND
                                                Discussion                                              in response to the prior opportunities                SECURITY
                                                   The current design roll maneuver                     for comment described above.
                                                requirement for structural loads in 14                                                                        Coast Guard
                                                                                                        List of Subjects in 14 CFR Part 25
                                                CFR part 25 is inadequate for addressing
                                                airplanes with electronic flight controls                 Aircraft, Aviation safety, Reporting                33 CFR Part 100
                                                that affect maneuvering. These special                  and recordkeeping requirements.
                                                                                                                                                              [Docket No. USCG–2016–0209]
                                                conditions adjust the current roll                        The authority citation for these
                                                maneuver requirement, § 25.349(a), to                   special conditions is as follows:                     RIN 1625–AA08
                                                take into account the effects of an                       Authority: 49 U.S.C. 106(g), 40113, 44701,
                                                electronic flight control system.                       44702, 44704.                                         Special Local Regulation; Wy-Hi
                                                   These special conditions differ from                                                                       Rowing Regatta; Detroit River, Trenton
                                                current requirements in that they                       The Special Conditions                                Channel; Wyandotte, MI
                                                require roll maneuvers to result from                      Accordingly, pursuant to the
                                                                                                                                                              AGENCY:    Coast Guard, DHS.
                                                defined movements of the flightdeck                     authority delegated to me by the
                                                roll control, as opposed to defined                     Administrator, the following special                  ACTION:   Temporary final rule.
                                                aileron deflections. Also, the special                  conditions are issued as part of the type             SUMMARY:    The Coast Guard is
                                                conditions require an additional load                   certification basis for Gulfstream Model              establishing a temporary special local
                                                condition at VA, in which the flightdeck                GVII–G500 airplanes.                                  regulation controlling movement of
                                                roll control is returned to neutral                        The following conditions, speeds, and
                                                                                                                                                              vessels for certain waters of the Detroit
                                                following the initial roll input.                       flightdeck roll control motions (except
                                                                                                                                                              River, Trenton Channel. This action is
                                                   These special conditions are limited                 as the motions may be limited by pilot
                                                                                                                                                              necessary and is intended to ensure
                                                to the roll axis only. Special conditions               effort) must be considered in
                                                                                                                                                              safety of life on navigable waters to be
                                                are no longer needed for the yaw axis                   combination with an airplane load
                                                                                                                                                              used for a rowing event immediately
                                                because § 25.351 was revised at                         factor of zero and of two-thirds of the
                                                                                                                                                              prior to, during, and immediately after
                                                Amendment 25–91 to account for the                      positive maneuvering factor used in
                                                                                                                                                              this event. This regulation requires
                                                effects of an electronic flight-control                 design. In determining the resulting
                                                                                                                                                              vessels to maintain a minimum speed
                                                system.                                                 control surface deflections, the torsional
                                                                                                                                                              for safe navigation and maneuvering.
                                                   These special conditions contain the                 flexibility of the wing must be
                                                additional safety standards that the                    considered in accordance with                         DATES: This temporary final rule is
                                                Administrator considers necessary to                    § 25.301(b):                                          effective from 7:30 a.m. until 4:30 p.m.
                                                establish a level of safety equivalent to                  1. Conditions corresponding to steady              on May 7, 2016. For the purposes of
jstallworth on DSK7TPTVN1PROD with RULES




                                                that established by the existing                        rolling velocities must be investigated.              enforcement, actual notice will be used
                                                airworthiness standards.                                In addition, conditions corresponding to              on May 7, 2016.
                                                                                                        maximum angular acceleration must be                  ADDRESSES: To view documents
                                                Applicability                                           investigated for airplanes with engines               mentioned in this preamble as being
                                                  As discussed above, these special                     or other weight concentrations outboard               available in the docket, go to http://
                                                conditions are applicable to the                        of the fuselage. For the angular                      www.regulations.gov, type USCG–2016–
                                                Gulfstream Model GVII–G500 airplane.                    acceleration conditions, zero rolling                 0209 in the ‘‘SEARCH’’ box and click


                                           VerDate Sep<11>2014   13:24 Apr 20, 2016   Jkt 238001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\21APR1.SGM   21APR1


                                                                   Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations                                        23423

                                                ‘‘SEARCH.’’ Click on Open Docket                        be impracticable because it would                     the enforcement of this rule by all
                                                Folder on the line associated with this                 inhibit the Coast Guard’s ability to                  appropriate means, including a
                                                rule. You may also visit the Docket                     protect participants, spectators, and                 Broadcast Notice to Mariners and Local
                                                Management Facility in Room W12–140                     other waterway users during this youth                Notice to Mariners.
                                                on the ground floor of the Department                   rowing regatta.
                                                                                                          Under 5 U.S.C. 553(d)(3), the Coast                 V. Regulatory Analyses
                                                of Transportation West Building, 1200
                                                New Jersey Avenue SE., Washington,                      Guard finds that good cause exists for                  We developed this rule after
                                                DC 20590, between 9 a.m. and 5 p.m.,                    making this temporary rule effective less             considering numerous statutes and
                                                Monday through Friday, except Federal                   than 30 days after publication in the                 executive orders related to rulemaking.
                                                holidays.                                               Federal Register. For the same reasons                Below we summarize our analyses
                                                FOR FURTHER INFORMATION CONTACT: If                     discussed in the preceding paragraph,                 based on these statutes or executive
                                                you have questions on this temporary                    waiting for a 30 day notice period to run             orders.
                                                final rule, call or email Petty Officer                 would be impracticable.
                                                                                                                                                              A. Regulatory Planning and Review
                                                Todd Manow, Prevention Department,                      III. Legal Authority and Need for Rule
                                                Sector Detroit, Coast Guard; telephone                                                                           This rule is not a significant
                                                313–568–9564, email Todd.M.Manow@                          The Coast Guard is issuing this rule               regulatory action under section 3(f) of
                                                uscg.mil. If you have questions on                      under authority in 33 U.S.C. 1231, 33                 E.O. 12866, Regulatory Planning and
                                                viewing the docket, call Cheryl Collins,                CFR 1.05–1 and 160.5; and Department                  Review, as supplemented by E.O. 13563,
                                                Program Manager, Docket Operations,                     of Homeland Security Delegation No.                   Improving Regulation and Regulatory
                                                telephone 202–366–9826.                                 0170.1. Having reviewed the application               Review, and does not require an
                                                                                                        for a marine event submitted by the                   assessment of potential costs and
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        sponsor, the Captain of the Port Detroit              benefits under section 6(a)(3) of
                                                I. Table of Abbreviations                               (COTP) has determined that the likely                 Executive Order 12866 or under section
                                                COTP Captain of the Port
                                                                                                        combination of recreation vessels,                    1 of E.O. 13563. The Office of
                                                DHS Department of Homeland Security                     commercial vessels, and an unknown                    Management and Budget has not
                                                E.O. Executive Order                                    number of spectators in close proximity               reviewed it under those Orders.
                                                NAD 83 North American Datum of 1983                     to a youth rowing regatta along the                      We conclude that this rule is not a
                                                NPRM Notice of Proposed Rulemaking                      water pose extra and unusual hazards to               significant regulatory action because we
                                                II. Background History and Regulatory                   public safety and property. Therefore,                anticipate that it will have minimal
                                                Information                                             the COTP is establishing a Special Local              impact on the economy, will not
                                                                                                        Regulation around the event location to               interfere with other agencies, will not
                                                   On May 7, 2016, the Wyandotte Boat                   help minimize risks to safety of life and             adversely alter the budget of any grant
                                                Club is holding a rowing regatta in                     property during this event.                           or loan recipients, and will not raise any
                                                which at least 150 youth rowers will                                                                          novel legal or policy issues.
                                                participate in a race in the Trenton                    IV. Discussion of Rule
                                                                                                                                                                 The Coast Guard’s use of this special
                                                Channel, a tributary of the Detroit River.                 This rule establishes a temporary                  local regulation will be of relatively
                                                Due to the projected amount of human-                   special local regulation from 7:30 a.m.               small size and only nine hours in
                                                powered watercraft on the water, there                  until 4:30 p.m. on May 7, 2016. In light              duration, and it is designed to minimize
                                                is a need to require vessels in the                     of the aforementioned hazards, the                    the impact on navigation. Moreover,
                                                affected waterways to maintain a                        COTP has determined that a special                    vessels may transit through the area
                                                minimum speed for safe navigation. The                  local regulation is necessary to protect              affected by this special local regulation
                                                rowing regatta will occur between 7:30                  spectators, vessels, and participants.                at a minimum speed for safe navigation.
                                                a.m. and 4:30 p.m. on May 7, 2016. This                 The special local regulation will                     Overall, the Coast Guard expects
                                                event has taken place under the same                    encompass the following waterway: All                 minimal impact to vessel movement
                                                sponsorship in the same location                        waters of the Detroit River, Trenton                  from the enforcement of this special
                                                annually for the past 10 years.                         Channel between the following two                     local regulation.
                                                   The Coast Guard is issuing this                      lines going from bank-to-bank: The first
                                                temporary final rule without prior                      line is drawn directly across the channel             B. Impact on Small Entities
                                                notice and opportunity to comment                       from position 42°11.0′ N., 083°09.4′ W.                  As per the Regulatory Flexibility Act
                                                pursuant to authority under section 4(a)                (NAD 83); the second line, to the north,              of 1980 (RFA), 5 U.S.C. 601–612, as
                                                of the Administrative Procedure Act                     is drawn directly across the channel                  amended, we have considered the
                                                (APA) (5 U.S.C. 553(b)). This provision                 from position 42°11.7′ N., 083°8.9′ W.                potential impact of regulations on small
                                                authorizes an agency to issue a rule                    (NAD 83).                                             entities during rulemaking. The Coast
                                                without prior notice and opportunity to                    An on-scene representative of the                  Guard certifies under 5 U.S.C. 605(b)
                                                comment when the agency, for good                       COTP or event sponsor representatives                 that this rule will not have a significant
                                                cause, finds that those procedures are                  may permit vessels to transit the area                economic impact on a substantial
                                                ‘‘impracticable, unnecessary, or contrary               when no race activity is occurring. The               number of small entities.
                                                to the public interest.’’ Under 5 U.S.C.                on-scene representative may be present                   This rule will affect the following
                                                553(b)(B), the Coast Guard finds that                   on any Coast Guard, state or local law                entities, some of which might be small
                                                good cause exists for not publishing a                  enforcement vessel assigned to patrol                 entities: The owners or operators of
                                                notice of proposed rulemaking (NPRM)                    the event. Vessel operators desiring to               vessels intending to transit or anchor in
                                                with respect to this rule because doing                 transit through the regulated area must               this portion of the Detroit River, Trenton
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                                                so would be impracticable. The final                    contact the Coast Guard Patrol                        Channel in the vicinity of Wyandotte,
                                                details of this event were not known to                 Commander to obtain permission to do                  MI between 7:30 a.m. and 4:30 p.m. on
                                                the Coast Guard until there was                         so. The COTP or his designated on-                    May 7, 2016.
                                                insufficient time remaining before the                  scene representative may be contacted                    This special local regulation will not
                                                event to publish an NPRM. Thus,                         via VHF Channel 16.                                   have a significant economic impact on
                                                delaying the effective date of this rule to                The COTP or his designated on-scene                a substantial number of small entities
                                                wait for a comment period to run would                  representative will notify the public of              for the reasons cited in the Regulatory


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                                                23424              Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations

                                                Planning and Review section.                            G. Unfunded Mandates Reform Act                       Management Directive 023–01 and
                                                Additionally, before the enforcement of                   The Unfunded Mandates Reform Act                    Commandant Instruction M16475.lD,
                                                the regulation, Coast Guard Sector                      of 1995 (2 U.S.C. 1531–1538) requires                 which guide the Coast Guard in
                                                Detroit will issue a local Broadcast                    Federal agencies to assess the effects of             complying with the National
                                                Notice to Mariners so vessel owners and                 their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                                operators can plan accordingly.                         particular, the Act addresses actions                 (NEPA) (42 U.S.C. 4321–4370f), and
                                                                                                        that may result in the expenditure by a               have concluded this action is one of a
                                                C. Assistance for Small Entities                                                                              category of actions which do not
                                                                                                        State, local, or tribal government, in the
                                                   Under section 213(a) of the Small                                                                          individually or cumulatively have a
                                                                                                        aggregate, or by the private sector of
                                                Business Regulatory Enforcement                                                                               significant effect on the human
                                                                                                        $100,000,000 (adjusted for inflation) or
                                                Fairness Act of 1996 (Pub. L. 104–121),                                                                       environment. This rule involves the
                                                                                                        more in any one year. Though this rule
                                                we want to assist small entities in                                                                           establishment of a special local
                                                                                                        will not result in such expenditure, we
                                                understanding this rule so that they can                                                                      regulation and is therefore categorically
                                                                                                        do discuss the effects of this rule
                                                better evaluate its effects on them. If this                                                                  excluded from further review under
                                                                                                        elsewhere in this preamble.
                                                rule would affect your small business,                                                                        paragraph 34(h) of Figure 2–1 of the
                                                organization, or governmental                           H. Taking of Private Property                         Commandant Instruction. An
                                                jurisdiction and you have questions                       This rule will not cause a taking of                environmental analysis checklist
                                                concerning its provisions or options for                private property or otherwise have                    supporting this determination and a
                                                compliance, please contact the person                   taking implications under Executive                   Categorical Exclusion Determination are
                                                listed in the FOR FURTHER INFORMATION                   Order 12630, Governmental Actions and                 available in the docket where indicated
                                                CONTACT section above.                                  Interference with Constitutionally                    under ADDRESSES. We seek any
                                                   Small businesses may send comments                   Protected Property Rights.                            comments or information that may lead
                                                on the actions of Federal employees                                                                           to the discovery of a significant
                                                who enforce, or otherwise determine                     I. Civil Justice Reform                               environmental impact from this rule.
                                                compliance with, Federal regulations to                    This rule meets applicable standards
                                                the Small Business and Agriculture                                                                            List of Subjects in 33 CFR Part 100
                                                                                                        in sections 3(a) and 3(b)(2) of E.O.
                                                Regulatory Enforcement Ombudsman                        12988, Civil Justice Reform, to minimize                Marine safety, Navigation (water),
                                                and the Regional Small Business                         litigation, eliminate ambiguity, and                  Reporting and recordkeeping
                                                Regulatory Fairness Boards. The                         reduce burden.                                        requirements, Waterways.
                                                Ombudsman evaluates these actions                                                                               For the reasons discussed in the
                                                annually and rates each agency’s                        J. Protection of Children                             preamble, the Coast Guard amends 33
                                                responsiveness to small business. If you                   We have analyzed this rule under E.O.              CFR part 100 as follows:
                                                wish to comment on actions by                           13045, Protection of Children from
                                                employees of the Coast Guard, call 1–                   Environmental Health Risks and Safety                 PART 100—SAFETY OF LIFE ON
                                                888–REG–FAIR (1–888–734–3247). The                      Risks. This rule is not an economically               NAVIGABLE WATERS
                                                Coast Guard will not retaliate against                  significant rule and does not create an
                                                entities that question or complain about                                                                      ■ 1. The authority citation for part 100
                                                                                                        environmental risk to health or risk to
                                                this rule or any policy or action of the                                                                      continues to read as follows:
                                                                                                        safety that may disproportionately affect
                                                Coast Guard.                                            children.                                                 Authority: 33 U.S.C. 1233.

                                                D. Collection of Information                            K. Indian Tribal Governments                          ■ 2. Add § 100.35T09–0209 to read as
                                                                                                                                                              follows:
                                                  This rule will not call for a new                       This rule does not have tribal
                                                collection of information under the                     implications under E.O. 13175,                        § 100.35T09–0209 Special Local
                                                Paperwork Reduction Act of 1995 (44                     Consultation and Coordination with                    Regulation; Wy-Hi Rowing Regatta; Detroit
                                                U.S.C. 3501–3520).                                      Indian Tribal Governments, because it                 River, Trenton Channel; Wyandotte, MI.
                                                                                                        does not have a substantial direct effect                (a) Regulated area. A regulated area is
                                                E. Federalism                                                                                                 established to encompass the following
                                                                                                        on one or more Indian tribes, on the
                                                   A rule has implications for federalism               relationship between the Federal                      waterway: All waters of the Detroit
                                                under E.O. 13132, Federalism, if it has                 Government and Indian tribes, or on the               River, Trenton Channel between the
                                                a substantial direct effect on the States,              distribution of power and                             following two lines going from bank-to-
                                                on the relationship between the national                responsibilities between the Federal                  bank: The first line is drawn directly
                                                government and the States, or on the                    Government and Indian tribes.                         across the channel from position
                                                distribution of power and                                                                                     42°11.0′ N., 083°9.4′ W. (NAD 83); the
                                                responsibilities among the various                      L. Energy Effects                                     second line, to the north, is drawn
                                                levels of government. We have analyzed                     This action is not a ‘‘significant                 directly across the channel from
                                                this rule under that Order and                          energy action’’ under E.O. 13211,                     position 42°11.7′ N., 083°8.9′ W. (NAD
                                                determined that this rule does not have                 Actions Concerning Regulations That                   83).
                                                implications for federalism.                            Significantly Affect Energy Supply,                      (b) Enforcement period. This section
                                                                                                        Distribution, or Use.                                 is will be enforced from 7:30 a.m. until
                                                F. Protest Activities
                                                                                                                                                              4:30 p.m. on May 7, 2016.
                                                  The Coast Guard respects the First                    M. Technical Standards                                   (c) Regulations. (1) Vessels transiting
                                                Amendment rights of protesters.                           This rule does not use technical                    through the regulated area are to
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                                                Protesters are asked to contact the                     standards. Therefore, we did not                      maintain the minimum speeds for safe
                                                person listed in the FOR FURTHER                        consider the use of voluntary consensus               navigation.
                                                INFORMATION CONTACT section to                          standards.                                               (2) Vessel operators desiring to
                                                coordinate protest activities so that your                                                                    operate in the regulated area must
                                                message can be received without                         N. Environment                                        contact the Coast Guard Patrol
                                                jeopardizing the safety or security of                    We have analyzed this rule under                    Commander to obtain permission to do
                                                people, places, or vessels.                             Department of Homeland Security                       so. The Captain of the Port Detroit


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                                                                   Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations                                        23425

                                                (COTP) or his on-scene representative                   regulation for the biennial Newport/                  www.regulations.gov or via email to
                                                may be contacted via VHF Channel 16                     Bermuda Regatta, Narragansett Bay,                    donaldson.tracie@epa.gov. Follow the
                                                or at 313–568–9560. Vessel operators                    Newport, RI, from 12 p.m. to 7:30 p.m.                online instructions for submitting
                                                given permission to operate within the                  on Friday, June 17, 2016. A portion of                comments. Once submitted, comments
                                                regulated area must comply with all                     the navigable waters the East Passage,                cannot be edited or removed from
                                                directions given to them by the COTP or                 Narragansett Bay, Newport, RI or its                  Regulations.gov. The EPA may publish
                                                his on-scene representative.                            approaches will be closed during the                  any comment received to its public
                                                  (3) The ‘‘on-scene representative’’ of                effective period to all vessel traffic,               docket. Do not submit electronically any
                                                the COTP is any Coast Guard                             except local, state or Coast Guard patrol             information you consider to be
                                                commissioned, warrant or petty officer                  craft. The full text of this regulation is            Confidential Business Information (CBI)
                                                or a Federal, State, or local law                       found in 33 CFR 100.119. This notice of               or other information whose disclosure is
                                                enforcement officer designated by or                    enforcement is issued under authority of              restricted by statute. Multimedia
                                                assisting the COTP to act on his behalf.                33 CFR 165.119 and 5 U.S.C. 552(a). In                submissions (audio, video, etc.) must be
                                                  Dated: March 25, 2016.                                addition to this notice of enforcement in             accompanied by a written comment.
                                                Scott B. Lemasters,                                     the Federal Register, the Coast Guard                 The written comment is considered the
                                                Captain, U.S. Coast Guard, Captain of the               plans to provide notification of this                 official comment and should include
                                                Port Detroit.                                           enforcement periods via the Local                     discussion of all points you wish to
                                                [FR Doc. 2016–09275 Filed 4–20–16; 8:45 am]
                                                                                                        Notice to Mariners and Broadcast Notice               make. The EPA will generally not
                                                                                                        to Mariners.                                          consider comments or comment
                                                BILLING CODE 9110–04–P
                                                                                                           Dated: March 30, 2016.                             contents located outside of the primary
                                                                                                        R.J. Schultz,
                                                                                                                                                              submission (i.e. on the web, cloud, or
                                                DEPARTMENT OF HOMELAND                                                                                        other file sharing system). For
                                                                                                        Captain, U.S. Coast Guard, Acting Captain
                                                SECURITY                                                of the Port, Southeastern New England.
                                                                                                                                                              additional submission methods, please
                                                                                                                                                              contact Tracie Donaldson, 214–665–
                                                                                                        [FR Doc. 2016–09276 Filed 4–20–16; 8:45 am]
                                                Coast Guard                                                                                                   6633, donaldson.tracie@epa.gov. For the
                                                                                                        BILLING CODE 9110–04–P
                                                                                                                                                              full EPA public comment policy,
                                                33 CFR Part 100                                                                                               information about CBI or multimedia
                                                                                                                                                              submissions, and general guidance on
                                                [USCG–2016–0264]                                        ENVIRONMENTAL PROTECTION                              making effective comments, please visit
                                                                                                        AGENCY                                                http://www2.epa.gov/dockets/
                                                Special Local Regulation, Newport to
                                                Bermuda Regatta, Narragansett Bay,                                                                            commenting-epa-dockets.
                                                                                                        40 CFR Part 52
                                                Newport, RI                                                                                                      Docket: The index to the docket for
                                                                                                        [EPA–R06–OAR–2016–0132; FRL–9945–09–                  this action is available electronically at
                                                AGENCY:  Coast Guard, DHS.                              Region 6]                                             www.regulations.gov and in hard copy
                                                ACTION: Notice of enforcement of                                                                              at EPA Region 6, 1445 Ross Avenue,
                                                regulation.                                             Approval and Promulgation of
                                                                                                                                                              Suite 700, Dallas, Texas. While all
                                                                                                        Implementation Plans; State of
                                                                                                                                                              documents in the docket are listed in
                                                SUMMARY:   The Coast Guard will enforce                 Louisiana; Revisions to the State
                                                                                                                                                              the index, some information may be
                                                the Special Local Regulation for the                    Implementation Plan; Fee Regulations
                                                                                                                                                              publicly available only at the hard copy
                                                biennial Newport to Bermuda Regatta,
                                                                                                        AGENCY: Environmental Protection                      location (e.g., copyrighted material), and
                                                Narragansett Bay, Rhode Island, from 12
                                                                                                        Agency (EPA).                                         some may not be publicly available at
                                                p.m. to 7:30 p.m. on Friday, June 17,
                                                                                                        ACTION: Direct final rule.                            either location (e.g., CBI).
                                                2016. This action is necessary to ensure
                                                the safety of all participants and                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                        SUMMARY:   The Environmental Protection
                                                spectators from the inherent dangers                                                                          Tracie Donaldson, 214–665–6633,
                                                                                                        Agency (EPA) is taking a direct final
                                                associated with these types of races,                                                                         donaldson.tracie@epa.gov. To inspect
                                                                                                        action to approve revisions to the
                                                which include numerous large, fast                                                                            the hard copy materials, please schedule
                                                                                                        Louisiana State Implementation Plan
                                                sailing vessels and hundreds of                                                                               an appointment with Tracie Donaldson
                                                                                                        (SIP) related to the Fee Regulations
                                                spectator vessels. During the                                                                                 or Bill Deese at 214–665–7253.
                                                                                                        section of the Louisiana SIP that were
                                                enforcement period, no person or vessel                 submitted by the State of Louisiana on                SUPPLEMENTARY INFORMATION:
                                                may enter or remain in the regulated                    February 23, 2016. The EPA has                        Throughout this document ‘‘we,’’ ‘‘us,’’
                                                area except for participants in the event,              evaluated the SIP submittal from                      and ‘‘our’’ means the EPA.
                                                supporting personnel, vessels registered                Louisiana and determined these
                                                with the event organizer, and personnel                                                                       I. Background
                                                                                                        revisions are consistent with the
                                                or vessels authorized by the Coast Guard                requirements of the Clean Air Act (Act                A. CAA and SIPs
                                                on-scene patrol commander.                              or CAA). The EPA is approving this                      Section 110 of the CAA requires
                                                DATES: The regulation in 33 CFR                         action under section 110 of the Act.                  States to develop and submit to the EPA
                                                100.119 will be enforced from 12 p.m.                   DATES: This rule is effective on June 20,             a SIP to ensure that State air quality
                                                to 7:30 p.m. on June 17, 2016.                          2016 without further notice, unless the               meets National Ambient Air Quality
                                                FOR FURTHER INFORMATION CONTACT: If                     EPA receives relevant adverse comment                 Standards. These ambient standards
                                                you have questions about this notice of                 by May 23, 2016. If the EPA receives                  currently address six criteria pollutants:
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                                                enforcement, call or email Mr. Edward                   such comment, the EPA will publish a                  Carbon monoxide, nitrogen dioxide,
                                                LeBlanc, Waterways Management,                          timely withdrawal in the Federal                      ozone, lead, particulate matter, and
                                                Sector Southeastern New England, (401)                  Register informing the public that this               sulfur dioxide. Each federally-approved
                                                435–2351, email edward.g.leblanc@                       rule will not take effect.                            SIP protects air quality primarily by
                                                uscg.mil.                                               ADDRESSES: Submit your comments,                      addressing air pollution at its point of
                                                SUPPLEMENTARY INFORMATION: The Coast                    identified by Docket No. EPA–R06–                     origin through air pollution regulations
                                                Guard will enforce the special local                    OAR–2016–0132, at http://                             and control strategies. The EPA


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Document Created: 2016-04-21 01:17:09
Document Modified: 2016-04-21 01:17:09
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 4:30 p.m. on May 7, 2016. For the purposes of enforcement, actual notice will be used on May 7, 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- 9564, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation81 FR 23422 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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