82_FR_15190 82 FR 15133 - Special Local Regulation; Wy-Hi Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI

82 FR 15133 - Special Local Regulation; Wy-Hi Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 57 (March 27, 2017)

Page Range15133-15135
FR Document2017-05945

The Coast Guard is establishing a special local regulation for certain waters of the Detroit River, Trenton Channel, Wyandotte, MI. 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 82 Issue 57 (Monday, March 27, 2017)
[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Rules and Regulations]
[Pages 15133-15135]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05945]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-0217]
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 special local regulation for 
certain waters of the Detroit River, Trenton Channel, Wyandotte, MI. 
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 5 
p.m. on May 6, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0217 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Tracy Girard, Prevention Department, 
Sector Detroit, Coast Guard; telephone 313-568-9564, or email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
COTP Captain of the Port
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
final details of this rowing event was not known to the Coast Guard 
with sufficient time for the Coast Guard until there was insufficient 
time remaining before the event to publish an NPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 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 believes a Special Local Regulation 
around the event location is needed to help minimize risks to safety of 
life and property during this event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 
7:30 a.m. until 5 p.m. on May 6, 2017. 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]08.9' 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 and executive orders.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') direct agencies to 
assess the costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing

[[Page 15134]]

Regulation and Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the special local regulation. 
Vessel traffic will be able to safely transit around this special local 
regulation zone which will impact a small designated area of the 
Detroit River from 7:30 a.m. to 5 p.m. May 6, 2017. Moreover, the Coast 
Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel 
16 about the special local regulation and the rule allows vessels to 
seek permission to enter the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
special local regulation may be small entities, for the reasons stated 
in section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a special local regulation lasting nine hours that will 
limit entry to a designated area. It is 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

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

PART 100--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 3 U.S.C. 1233.


0
2. Add Sec.  100.T09-0217 to read as follows:


Sec.  100.T09-0217   Special local regulation; Wy-Hi Rowing Regatta; 
Detroit River, Trenton Channel, Wyandotte, MI.

    (a) Location. 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]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]08.9' W. (NAD 83).
    (b) Enforcement period. This section is effective and will be 
enforced from 7:30 a.m. until 5 p.m. on May 6, 2017.
    (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

[[Page 15135]]

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 Detroit is any 
Coast Guard commissioned, warrant or petty officer or a Federal, State, 
or local law enforcement officer designated by or assisting the Captain 
of the Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the COTP Detroit or his on-scene 
representative to obtain permission to enter or operate within the 
special local regulation. The COTP Detroit or his on-scene 
representative may be contacted via VHF Channel 16 or at 313-568-9464. 
Vessel operators given permission to enter or operate in the regulated 
area must comply with all directions given to them by the COTP Detroit 
or his on-scene representative.

    Dated: March 20, 2017.
Scott B. Lemasters,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-05945 Filed 3-24-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                  Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Rules and Regulations                                          15133

                                             § 416.927    [Corrected]                                  I. Table of Abbreviations                                An on-scene representative of the
                                             ■ 8. On page 5881, in the third column,                   CFR Code of Federal Regulations                       COTP or event sponsor representatives
                                             in § 416.927(f)(1), the quotation marks                   DHS Department of Homeland Security                   may permit vessels to transit the area
                                             around the words ‘‘acceptable medical                     FR Federal Register                                   when no race activity is occurring. The
                                             source’’ are removed.                                     NPRM Notice of Proposed Rulemaking                    on-scene representative may be present
                                                                                                       § Section                                             on any Coast Guard, state or local law
                                             § 416.1017       [Corrected]                              COTP Captain of the Port                              enforcement vessel assigned to patrol
                                                                                                       U.S.C. United States Code                             the event. Vessel operators desiring to
                                             ■ 9. On page 5883, in the third column,
                                             in § 416.1017, the section heading is                     II. Background Information and                        transit through the regulated area must
                                             corrected to read ‘‘§ 416.1017                            Regulatory History                                    contact the Coast Guard Patrol
                                             Reasonable efforts to obtain review by a                                                                        Commander to obtain permission to do
                                                                                                          The Coast Guard is issuing this                    so. The COTP or his designated on-
                                             physician, psychiatrist, and                              temporary rule without prior notice and
                                             psychologist.’’                                                                                                 scene representative may be contacted
                                                                                                       opportunity to comment pursuant to                    via VHF Channel 16.
                                             Nancy A. Berryhill,                                       authority under section 4(a) of the
                                                                                                                                                                The COTP or his designated on-scene
                                             Acting Commissioner of Social Security.                   Administrative Procedure Act (APA) (5
                                                                                                                                                             representative will notify the public of
                                                                                                       U.S.C. 553(b)). This provision
                                             [FR Doc. 2017–06023 Filed 3–24–17; 8:45 am]                                                                     the enforcement of this rule by all
                                                                                                       authorizes an agency to issue a rule
                                             BILLING CODE 4191–02–P                                                                                          appropriate means, including a
                                                                                                       without prior notice and opportunity to
                                                                                                                                                             Broadcast Notice to Mariners and Local
                                                                                                       comment when the agency for good
                                                                                                                                                             Notice to Mariners.
                                                                                                       cause finds that those procedures are
                                             DEPARTMENT OF HOMELAND                                    ‘‘impracticable, unnecessary, or contrary             V. Regulatory Analyses
                                             SECURITY                                                  to the public interest.’’ Under 5 U.S.C.
                                                                                                                                                               We developed this rule after
                                                                                                       553(b)(B), the Coast Guard finds that
                                             Coast Guard                                                                                                     considering numerous statutes and
                                                                                                       good cause exists for not publishing a
                                                                                                                                                             executive orders related to rulemaking.
                                                                                                       notice of proposed rulemaking (NPRM)
                                             33 CFR Part 100                                                                                                 Below we summarize our analyses
                                                                                                       with respect to this rule because doing
                                                                                                                                                             based on these statutes and executive
                                                                                                       so would be impracticable. The final
                                             [Docket No. USCG–2017–0217]                                                                                     orders.
                                                                                                       details of this rowing event was not
                                                                                                       known to the Coast Guard with                         A. Regulatory Planning and Review
                                             RIN 1625–AA08
                                                                                                       sufficient time for the Coast Guard until
                                                                                                                                                                E.O.s 12866 (‘‘Regulatory Planning
                                             Special Local Regulation; Wy-Hi                           there was insufficient time remaining
                                                                                                                                                             and Review’’) and 13563 (‘‘Improving
                                             Rowing Regatta; Detroit River, Trenton                    before the event to publish an NPRM.
                                                                                                                                                             Regulation and Regulatory Review’’)
                                             Channel; Wyandotte, MI                                    III. Legal Authority and Need for Rule                direct agencies to assess the costs and
                                             AGENCY:  Coast Guard, DHS.                                   The Coast Guard is issuing this rule               benefits of available regulatory
                                                                                                       under authority in 33 U.S.C. 1231. The                alternatives and, if regulation is
                                             ACTION: Temporary final rule.                                                                                   necessary, to select regulatory
                                                                                                       Captain of the Port Detroit (COTP) has
                                             SUMMARY:    The Coast Guard is                            determined that the likely combination                approaches that maximize net benefits
                                             establishing a special local regulation                   of recreation vessels, commercial                     including potential economic,
                                             for certain waters of the Detroit River,                  vessels, and an unknown number of                     environmental, public health and safety
                                             Trenton Channel, Wyandotte, MI. This                      spectators in close proximity to a youth              effects, distributive impacts, and equity.
                                             action is necessary and is intended to                    rowing regatta along the water pose                   E.O. 13563 emphasizes the importance
                                             ensure safety of life on navigable waters                 extra and unusual hazards to public                   of quantifying both costs and benefits, of
                                             to be used for a rowing event                             safety and property. Therefore, the                   reducing costs, of harmonizing rules,
                                             immediately prior to, during, and                         COTP believes a Special Local                         and of promoting flexibility. Executive
                                             immediately after this event. This                        Regulation around the event location is               Order 13771 (‘‘Reducing Regulation and
                                             regulation requires vessels to maintain a                 needed to help minimize risks to safety               Controlling Regulatory Costs’’), directs
                                             minimum speed for safe navigation and                     of life and property during this event.               agencies to reduce regulation and
                                             maneuvering.                                                                                                    control regulatory costs and provides
                                                                                                       IV. Discussion of the Rule                            that ‘‘for every one new regulation
                                             DATES: This temporary final rule is
                                                                                                          This rule establishes a temporary                  issued, at least two prior regulations be
                                             effective from 7:30 a.m. until 5 p.m. on                                                                        identified for elimination, and that the
                                             May 6, 2017.                                              special local regulation from 7:30 a.m.
                                                                                                       until 5 p.m. on May 6, 2017. In light of              cost of planned regulations be prudently
                                             ADDRESSES: To view documents                                                                                    managed and controlled through a
                                                                                                       the aforementioned hazards, the COTP
                                             mentioned in this preamble as being                       has determined that a special local                   budgeting process.’’
                                             available in the docket, go to http://                    regulation is necessary to protect                       The Office of Management and Budget
                                             www.regulations.gov, type USCG–2017–                      spectators, vessels, and participants.                (OMB) has not designated this rule a
                                             0217 in the ‘‘SEARCH’’ box and click                      The special local regulation will                     significant regulatory action under
                                             ‘‘SEARCH.’’ Click on Open Docket                          encompass the following waterway: All                 section 3(f) of Executive Order 12866.
                                             Folder on the line associated with this                   waters of the Detroit River, Trenton                  Accordingly, the Office of Management
                                             rule.                                                     Channel between the following two                     and Budget (OMB) has not reviewed it.
pmangrum on DSK3GDR082PROD with RULES




                                             FOR FURTHER INFORMATION CONTACT: If                       lines going from bank-to-bank: The first                 As this rule is not a significant
                                             you have questions on this temporary                      line is drawn directly across the channel             regulatory action, this rule is exempt
                                             rule, call or email Tracy Girard,                         from position 42°11.0′ N., 083°09.4′ W.               from the requirements of Executive
                                             Prevention Department, Sector Detroit,                    (NAD 83); the second line, to the north,              Order 13771. See OMB’s Memorandum
                                             Coast Guard; telephone 313–568–9564,                      is drawn directly across the channel                  titled ‘‘Interim Guidance Implementing
                                             or email Tracy.M.Girard@uscg.mil.                         from position 42°11.7′ N., 083°08.9′ W.               Section 2 of the Executive Order of
                                             SUPPLEMENTARY INFORMATION:                                (NAD 83).                                             January 30, 2017 titled ‘Reducing


                                        VerDate Sep<11>2014     12:21 Mar 24, 2017   Jkt 241001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\27MRR1.SGM   27MRR1


                                             15134              Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Rules and Regulations

                                             Regulation and Controlling Regulatory                   complain about this rule or any policy                environment. This rule involves a
                                             Costs’ ’’ (February 2, 2017).                           or action of the Coast Guard.                         special local regulation lasting nine
                                                This regulatory action determination                                                                       hours that will limit entry to a
                                                                                                     C. Collection of Information
                                             is based on the size, location, duration,                                                                     designated area. It is categorically
                                             and time-of-year of the special local                     This rule will not call for a new                   excluded from further review under
                                             regulation. Vessel traffic will be able to              collection of information under the                   paragraph 34(h) of Figure 2–1 of the
                                             safely transit around this special local                Paperwork Reduction Act of 1995 (44                   Commandant Instruction. An
                                             regulation zone which will impact a                     U.S.C. 3501–3520).                                    environmental analysis checklist
                                             small designated area of the Detroit                    D. Federalism and Indian Tribal                       supporting this determination and a
                                             River from 7:30 a.m. to 5 p.m. May 6,                   Governments                                           Categorical Exclusion Determination are
                                             2017. Moreover, the Coast Guard will                                                                          available in the docket where indicated
                                             issue Broadcast Notice to Mariners via                     A rule has implications for federalism             under ADDRESSES. We seek any
                                             VHF–FM marine channel 16 about the                      under Executive Order 13132,                          comments or information that may lead
                                             special local regulation and the rule                   Federalism, if it has a substantial direct            to the discovery of a significant
                                             allows vessels to seek permission to                    effect on the States, on the relationship             environmental impact from this rule.
                                             enter the area.                                         between the national government and
                                                                                                     the States, or on the distribution of                 G. Protest Activities
                                             B. Impact on Small Entities                             power and responsibilities among the                    The Coast Guard respects the First
                                                The Regulatory Flexibility Act of                    various levels of government. We have                 Amendment rights of protesters.
                                             1980, 5 U.S.C. 601–612, as amended,                     analyzed this rule under that Order and               Protesters are asked to contact the
                                             requires Federal agencies to consider                   have determined that it is consistent                 person listed in the FOR FURTHER
                                             the potential impact of regulations on                  with the fundamental federalism                       INFORMATION CONTACT section to
                                             small entities during rulemaking. The                   principles and preemption requirements                coordinate protest activities so that your
                                             term ‘‘small entities’’ comprises small                 described in Executive Order 13132.                   message can be received without
                                                                                                        Also, this rule does not have tribal               jeopardizing the safety or security of
                                             businesses, not-for-profit organizations
                                                                                                     implications under Executive Order                    people, places or vessels.
                                             that are independently owned and
                                                                                                     13175, Consultation and Coordination
                                             operated and are not dominant in their                                                                        List of Subjects in 33 CFR Part 100
                                                                                                     with Indian Tribal Governments,
                                             fields, and governmental jurisdictions
                                                                                                     because it does not have a substantial                  Harbors, Marine safety, Navigation
                                             with populations of less than 50,000.
                                                                                                     direct effect on one or more Indian                   (water), Reporting and record keeping
                                             The Coast Guard certifies under 5 U.S.C.
                                                                                                     tribes, on the relationship between the               requirements, Security measures,
                                             605(b) that this rule will not have a
                                                                                                     Federal Government and Indian tribes,                 Waterways.
                                             significant economic impact on a
                                                                                                     or on the distribution of power and                     For the reasons discussed in the
                                             substantial number of small entities.
                                                                                                     responsibilities between the Federal                  preamble, the Coast Guard amends 33
                                                While some owners or operators of
                                                                                                     Government and Indian tribes. If you                  CFR part 100 as follows:
                                             vessels intending to transit the special
                                                                                                     believe this rule has implications for
                                             local regulation may be small entities,
                                                                                                     federalism or Indian tribes, please                   PART 100—REGULATED NAVIGATION
                                             for the reasons stated in section V.A
                                                                                                     contact the person listed in the FOR                  AREAS AND LIMITED ACCESS AREAS
                                             above, this rule will not have a
                                                                                                     FURTHER INFORMATION CONTACT section
                                             significant economic impact on any                                                                            ■ 1. The authority citation for part 100
                                                                                                     above.
                                             vessel owner or operator.                                                                                     continues to read as follows:
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                               Authority: 3 U.S.C. 1233.
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act
                                             Fairness Act of 1996 (Pub. L. 104–121),                                                                       ■ 2. Add § 100.T09–0217 to read as
                                                                                                     of 1995 (2 U.S.C. 1531–1538) requires
                                             we want to assist small entities in                                                                           follows:
                                                                                                     Federal agencies to assess the effects of
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In            § 100.T09–0217 Special local regulation;
                                             would affect your small business,                       particular, the Act addresses actions                 Wy-Hi Rowing Regatta; Detroit River,
                                             organization, or governmental                           that may result in the expenditure by a               Trenton Channel, Wyandotte, MI.
                                             jurisdiction and you have questions                     State, local, or tribal government, in the               (a) Location. A regulated area is
                                             concerning its provisions or options for                aggregate, or by the private sector of                established to encompass the following
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              waterway: All waters of the Detroit
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                River, Trenton Channel between the
                                             CONTACT section.                                        will not result in such expenditure, we               following two lines going from bank-to-
                                                Small businesses may send comments                   do discuss the effects of this rule                   bank: The first line is drawn directly
                                             on the actions of Federal employees                     elsewhere in this preamble.                           across the channel from position
                                             who enforce, or otherwise determine                                                                           42°11.0′ N., 083°09.4′ W. (NAD 83); the
                                             compliance with, Federal regulations to                 F. Environment
                                                                                                                                                           second line, to the north, is drawn
                                             the Small Business and Agriculture                        We have analyzed this rule under                    directly across the channel from
                                             Regulatory Enforcement Ombudsman                        Department of Homeland Security                       position 42°11.7′ N., 083°08.9′ W. (NAD
                                             and the Regional Small Business                         Management Directive 023–01 and                       83).
                                             Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                        (b) Enforcement period. This section
                                             Ombudsman evaluates these actions                       which guide the Coast Guard in                        is effective and will be enforced from
pmangrum on DSK3GDR082PROD with RULES




                                             annually and rates each agency’s                        complying with the National                           7:30 a.m. until 5 p.m. on May 6, 2017.
                                             responsiveness to small business. If you                Environmental Policy Act of 1969 (42                     (c) Regulations. (1) Vessels transiting
                                             wish to comment on actions by                           U.S.C. 4321–4370f), and have                          through the regulated area are to
                                             employees of the Coast Guard, call                      determined that this action is one of a               maintain the minimum speeds for safe
                                             1–888–REG–FAIR (1–888–734–3247).                        category of actions that do not                       navigation.
                                             The Coast Guard will not retaliate                      individually or cumulatively have a                      (2) Vessel operators desiring to
                                             against small entities that question or                 significant effect on the human                       operate in the regulated area must


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                                                                Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Rules and Regulations                                         15135

                                             contact the Coast Guard Patrol                          DATES:  The regulations in 33 CFR                     DEPARTMENT OF HOMELAND
                                             Commander to obtain permission to do                    100.1101 will be enforced from 7:00                   SECURITY
                                             so. The Captain of the Port Detroit                     a.m. through 7:00 p.m. from April 1,
                                             (COTP) or his on-scene representative                   2017 to April 2, 2017 for Item 3 in Table             Coast Guard
                                             may be contacted via VHF Channel 16                     1 of § 100.1101.
                                             or at 313—568–9560. Vessel operators                                                                          33 CFR Part 117
                                             given permission to operate within the                  FOR FURTHER INFORMATION CONTACT:              If
                                                                                                     you have questions about this                         [Docket No. USCG–2016–0988]
                                             regulated area must comply with all
                                             directions given to them by the COTP or                 publication of enforcement, call or                   RIN 1625–AA09
                                             his on-scene representative.                            email Lieutenant Robert Cole,
                                               (3) The ‘‘on-scene representative’’ of                Waterways Management, U.S. Coast                      Drawbridge Operation Regulation;
                                             the COTP Detroit is any Coast Guard                     Guard Sector San Diego, CA; telephone                 Detroit River (Trenton Channel),
                                             commissioned, warrant or petty officer                  (619) 278–7656, email                                 Grosse Ile, MI
                                             or a Federal, State, or local law                       D11MarineEventsSD@uscg.mil.                           AGENCY:    Coast Guard, DHS.
                                             enforcement officer designated by or
                                                                                                     SUPPLEMENTARY INFORMATION:      The Coast             ACTION:   Final rule.
                                             assisting the Captain of the Port Detroit
                                             to act on his behalf.                                   Guard will enforce the special local                  SUMMARY:   The Coast Guard is modifying
                                               (4) Vessel operators shall contact the                regulations in 33 CFR 100.1101 for the                the operating schedule of the Grosse Ile
                                             COTP Detroit or his on-scene                            San Diego Crew Classic in Mission Bay,                Toll Bridge (Bridge Road) at mile 8.8,
                                             representative to obtain permission to                  CA in 33 CFR 100.1101, Table 1, Item                  over Trenton Channel at Grosse Ile, MI
                                             enter or operate within the special local               3 of that section from 7:00 a.m. until                by adding permanent winter hours to
                                             regulation. The COTP Detroit or his on-                 7:00 p.m. on April 1, 2017 and April 2,               the current regulation for the waterway.
                                             scene representative may be contacted                   2017. This enforcement action is being                A review of the current regulation was
                                             via VHF Channel 16 or at 313–568–                       taken to provide for the safety of life on            requested by the Grosse Ile Bridge
                                             9464. Vessel operators given permission                 navigable waterways during the event.                 Company, the owner of the Grosse Ile
                                             to enter or operate in the regulated area               The Coast Guard’s regulation for                      Toll Bridge (Bridge Road).
                                             must comply with all directions given to                recurring marine events in the San                    DATES: This rule is effective April 26,
                                             them by the COTP Detroit or his on-                     Diego Captain of the Port Zone                        2017.
                                             scene representative.                                   identifies the regulated entities and area            ADDRESSES: To view documents
                                               Dated: March 20, 2017.                                for this event. Under the provisions of               mentioned in this preamble as being
                                             Scott B. Lemasters,                                     33 CFR 100.1101, persons and vessels                  available in the docket, go to http://
                                             Commander, U.S. Coast Guard, Captain of                 are prohibited from anchoring, blocking,              www.regulations.gov, type [USCG–
                                             the Port Detroit.                                       loitering, or impeding within this                    2016–0988]. In the ‘‘SEARCH’’ box and
                                             [FR Doc. 2017–05945 Filed 3–24–17; 8:45 am]             regulated area unless authorized by the               click ‘‘SEARCH.’’ Click on Open Docket
                                             BILLING CODE 9110–04–P                                  Captain of the Port, or his designated                Folder on the line associated with this
                                                                                                     representative. The Coast Guard may be                rulemaking.
                                                                                                     assisted by other Federal, State, or local            FOR FURTHER INFORMATION CONTACT: If
                                             DEPARTMENT OF HOMELAND                                  law enforcement agencies in enforcing
                                             SECURITY                                                                                                      you have questions on this rule, call or
                                                                                                     this regulation.                                      email Mr. Lee D. Soule, Bridge
                                             Coast Guard                                               This document is issued under                       Management Specialist, Ninth Coast
                                                                                                     authority of 5 U.S.C. 552 (a) and 33 CFR              Guard District; telephone 216–902–
                                             33 CFR Part 100                                         100.1101. In addition to this document                6085, email Lee.D.Soule@uscg.mil.
                                                                                                     in the Federal Register, the Coast Guard              SUPPLEMENTARY INFORMATION:
                                             [Docket No. USCG–2017–0094]
                                                                                                     will provide the maritime community                   I. Table of Abbreviations
                                             Special Local Regulation; Southern                      with advance notification of this
                                             California Annual Marine Events for                                                                           CFR Code of Federal Regulations
                                                                                                     enforcement period via the Local Notice
                                                                                                                                                           DHS Department of Homeland Security
                                             the San Diego Captain of the Port                       to Mariners, Broadcast Notice to                      E.O. Executive order
                                             Zone—San Diego Crew Classic                             Mariners, and local advertising by the                FR Federal Register
                                             AGENCY:  Coast Guard, DHS.                              event sponsor.                                        NEPA National Environmental Policy Act
                                                                                                       If the Captain of the Port Sector San                 of 1969
                                             ACTION: Notice of enforcement of                                                                              NPRM Notice of proposed rulemaking
                                             regulation.                                             Diego or his designated representative                RFA Regulatory Flexibility Act of 1980
                                                                                                     determines that the regulated area need               SNPRM Supplemental notice of proposed
                                             SUMMARY:    The Coast Guard will enforce                not be enforced for the full duration                   rulemaking
                                             the San Diego Crew Classic special local                stated on this document, he or she may                Pub. L. Public Law
                                             regulations on the waters of Mission                    use a Broadcast Notice to Mariners or                 § Section
                                             Bay, California from April 1, 2017 to                                                                         U.S.C. United States Code
                                                                                                     other communications coordinated with
                                             April 2, 2017. These special local
                                                                                                     the event sponsor to grant general                    II. Background Information and
                                             regulations are necessary to provide for
                                                                                                     permission to enter the regulated area.               Regulatory History
                                             the safety of the participants, crew,
                                             spectators, sponsor vessels, and general                  Dated: March 10, 2017.                                 On December 16, 2016, we published
pmangrum on DSK3GDR082PROD with RULES




                                             users of the waterway. During the                       J.R. Buzzella,                                        a notice of proposed rulemaking
                                             enforcement period, persons and vessels                 Captain, U.S. Coast Guard, Captain of the             (NPRM) entitled, Drawbridge Operation
                                             are prohibited from anchoring, blocking,                Port San Diego.                                       Regulation; Detroit River (Trenton
                                             loitering, or impeding within this                      [FR Doc. 2017–06001 Filed 3–24–17; 8:45 am]           Channel), Grosse Ile, MI, in the Federal
                                             regulated area unless authorized by the                                                                       Register (81 FR 91086). We did not
                                                                                                     BILLING CODE 9110–04–P
                                             Captain of the Port, or his designated                                                                        receive any comments on this proposed
                                             representative.                                                                                               rule.


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Document Created: 2017-03-25 00:21:13
Document Modified: 2017-03-25 00:21:13
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 5 p.m. on May 6, 2017.
ContactIf you have questions on this temporary rule, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-9564, or email [email protected]
FR Citation82 FR 15133 
RIN Number1625-AA08
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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