82_FR_18937 82 FR 18860 - Special Local Regulation; Hebda Cup Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI

82 FR 18860 - Special Local Regulation; Hebda Cup Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range18860-18862
FR Document2017-08214

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 77 (Monday, April 24, 2017)
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18860-18862]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08214]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-0305]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a 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 4:30 
p.m. on April 29, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0305 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

[[Page 18861]]

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 
Coast Guard did not receive the final details of this rowing event 
until there was insufficient time remaining before the event to publish 
an NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect participants, mariners and vessels 
from the hazards associated with this event. We are issuing this rule 
under 5 U.S.C. 553(d)(3), as the Coast Guard finds that good cause 
exists for making it effective less than 30 days after publication in 
the Federal Register for the same reason noted above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. 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 the Rule

    This rule establishes a temporary special local regulation from 
7:30 a.m. until 4:30 p.m. on April 29, 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 or at 313--568-9560.
    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

    Executive Orders 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). 
Executive Order 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 Regulation and 
Controlling Regulatory Costs''' (February 2, 2017). A regulatory 
analysis (RA) follows.
    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 4:30 p.m. April 29, 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

[[Page 18862]]

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 under 
section 2.B.2, figure 2-1, and paragraph 34(h) of the Instruction. A 
Record of Environmental Consideration (REC) is available in the docket 
where indicated in the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 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.T09-0305 to read as follows:


Sec.  100.T09-0305  Special local regulation; Hebda Cup 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 4:30 p.m. on April 29, 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 
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: April 19, 2017.
R. Negron,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2017-08214 Filed 4-21-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                18860               Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations

                                                13211 and, therefore, does not require a                allow the public sufficient time to                   ■  a. In paragraph (a)(2), removing
                                                Statement of Energy Effects.                            submit comments, analyze the                          ‘‘$1,177’’ and adding in its place
                                                                                                        comments, and publish a final rule.                   ‘‘$1,196.’’
                                                L. Clarity of This Regulation                                                                                 ■ b. In paragraph (b) introductory text,
                                                                                                        Also, ONRR is promulgating this final
                                                   We are required by E.O. 12866                        rule to implement the statutory directive             removing ‘‘$11,774’’ and adding in its
                                                (section 1(b)(12)), E.O. 12988 (section                 in the Act, which requires agencies to                place ‘‘$11,967.’’
                                                3(b)(1)(B)), and E.O. 13563 (section                    publish a final rule and to update the
                                                1(a)), and by the Presidential                                                                                § 1241.60     [Amended]
                                                                                                        civil penalty amounts by applying a
                                                Memorandum of June 1, 1998, to write                    specified formula. We have no                         ■  3. Amend § 1241.60 by:
                                                all rules in plain language. This means                 discretion to vary the amount of the                  ■  a. In paragraph (b)(1), removing
                                                that each rule we publish must:                         adjustment to reflect any views or                    ‘‘$23,548’’ and adding in its place
                                                   (a) Be logically organized.                          suggestions provided by commenters.                   ‘‘$23,933.’’
                                                   (b) Use the active voice to address                  Accordingly, it would serve no purpose                ■ b. In paragraph (b)(2), removing
                                                readers directly.                                       to provide an opportunity for public                  ‘‘$58,871’’ and adding in its place
                                                   (c) Use common, everyday words and                   comment on this rule prior to                         ‘‘$59,834.’’
                                                clear language rather than jargon.                      promulgation. Thus, providing for                     [FR Doc. 2017–08225 Filed 4–21–17; 8:45 am]
                                                   (d) Be divided into short sections and               notice and public comment is                          BILLING CODE 4335–30–P
                                                sentences.                                              impracticable and unnecessary.
                                                   (e) Use lists and tables wherever
                                                possible.                                                  Furthermore, ONRR finds under
                                                   If you feel that we have not met these               section 553(d)(3) of the APA that good                DEPARTMENT OF HOMELAND
                                                requirements, send your comments to                     cause exists to make this final rule                  SECURITY
                                                Armand.Southall@onrr.gov. Your                          effective immediately upon publication
                                                                                                        in the Federal Register. In the Act,                  Coast Guard
                                                comments should be as specific as
                                                possible. For example, you should tell                  Congress expressly required Federal
                                                                                                        agencies to publish annual inflation                  33 CFR Part 100
                                                us the numbers of the sections or
                                                paragraphs that you find unclear, which                 adjustments to civil penalties in the                 [Docket No. USCG–2017–0305]
                                                sections or sentences are too long, the                 Federal Register by January 15, 2017,
                                                                                                                                                              RIN 1625–AA08
                                                sections where you feel lists or tables                 and not later than January 15 of every
                                                would be useful, etc.                                   subsequent year, notwithstanding                      Special Local Regulation; Hebda Cup
                                                                                                        section 553 of the APA. Under the                     Rowing Regatta; Detroit River, Trenton
                                                M. Administrative Procedure Act (APA)                   statutory framework and OMB guidance,                 Channel; Wyandotte, MI
                                                   The Act requires agencies to publish                 the new penalty levels take effect
                                                annual inflation adjustments by no later                immediately upon the effective date of                AGENCY:     Coast Guard, DHS.
                                                than January 15, 2017, and by no later                  the adjustment. The statutory deadline                ACTION:    Temporary final rule.
                                                than January 15 each subsequent year,                   does not allow time to delay this rule’s
                                                notwithstanding section 553 of the                      effective date beyond publication.                    SUMMARY:    The Coast Guard is
                                                Administrative Procedure Act (APA) (5                   Moreover, an effective date after January             establishing a special local regulation
                                                U.S.C. 553). OMB has interpreted this                   15 would delay application of the new                 for certain waters of the Detroit River,
                                                direction to mean that the usual APA                    penalty levels, contrary to Congress’s                Trenton Channel, Wyandotte, MI. This
                                                public procedure for rulemaking—                        intent.                                               action is necessary and is intended to
                                                which includes public notice of a                                                                             ensure safety of life on navigable waters
                                                                                                        List of Subjects in 30 CFR Part 1241                  to be used for a rowing event
                                                proposed rule, an opportunity for public
                                                comment, and a delay in the effective                                                                         immediately prior to, during, and
                                                                                                          Administrative practice and                         immediately after this event. This
                                                date of a final rule—is not required                    procedure, Civil penalties, Coal,
                                                when agencies issue regulations to                                                                            regulation requires vessels to maintain a
                                                                                                        Geothermal, Inflation, Mineral                        minimum speed for safe navigation and
                                                implement the annual adjustments to                     resources, Natural gas, Notices of non-
                                                civil penalties that the Act requires.                                                                        maneuvering.
                                                                                                        compliance, Oil.
                                                Accordingly, we are issuing the 2017                                                                          DATES: This temporary final rule is
                                                annual adjustments as a final rule                      Amy Holley,                                           effective from 7:30 a.m. until 4:30 p.m.
                                                without prior notice or an opportunity                  Acting Assistant Secretary for Policy,                on April 29, 2017.
                                                for comment and with an effective date                  Management and Budget.                                ADDRESSES: To view documents
                                                immediately upon publication in the                     Authority and Issuance                                mentioned in this preamble as being
                                                Federal Register.                                                                                             available in the docket, go to http://
                                                   Section 553(b) of the Administrative                   For the reasons discussed in the                    www.regulations.gov, type USCG–2017–
                                                Procedure Act (APA) provides that,                      preamble, ONRR amends 30 CFR part                     0305 in the ‘‘SEARCH’’ box and click
                                                when an agency for good cause finds                     1241 as set forth below:                              ‘‘SEARCH.’’ Click on Open Docket
                                                that ‘‘notice and public procedure . . .                                                                      Folder on the line associated with this
                                                are impracticable, unnecessary, or                      PART 1241—PENALTIES                                   rule.
                                                contrary to the public interest,’’ the                                                                        FOR FURTHER INFORMATION CONTACT: If
                                                agency may issue a rule without                         ■ 1. The authority citation for part 1241             you have questions on this temporary
                                                providing notice and an opportunity for                 continues to read as follows:                         rule, call or email Tracy Girard,
jstallworth on DSK7TPTVN1PROD with RULES




                                                prior public comment. Under section                        Authority: 25 U.S.C. 396 et seq., 396a et          Prevention Department, Sector Detroit,
                                                553(b), ONRR finds that there is good                   seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351        Coast Guard; telephone 313–568–9564,
                                                cause to promulgate this rule without                   et seq., 1001 et seq., 1701 et seq.; 43 U.S.C.        or email Tracy.M.Girard@uscg.mil.
                                                first providing for public comment. It                  1301 et seq., 1331 et seq., 1801 et seq.              SUPPLEMENTARY INFORMATION:
                                                would not be possible to meet the                       § 1241.52    [Amended]
                                                deadlines imposed by the Act if we                                                                            I. Table of Abbreviations
                                                were to first publish a proposed rule,                  ■   2. Amend § 1241.52 by:                            CFR      Code of Federal Regulations



                                           VerDate Sep<11>2014   13:01 Apr 21, 2017   Jkt 241001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\24APR1.SGM   24APR1


                                                                    Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations                                          18861

                                                DHS Department of Homeland Security                     Channel between the following two                     section 3(f) of Executive Order 12866.
                                                FR Federal Register                                     lines going from bank-to-bank: the first              Accordingly, the Office of Management
                                                NPRM Notice of Proposed Rulemaking                      line is drawn directly across the channel             and Budget (OMB) has not reviewed it.
                                                § Section
                                                                                                        from position 42°11.0′ N., 083°09.4′ W.               As this rule is not a significant
                                                COTP Captain of the Port
                                                U.S.C. United States Code                               (NAD 83); the second line, to the north,              regulatory action, this rule is exempt
                                                                                                        is drawn directly across the channel                  from the requirements of Executive
                                                II. Background Information and                          from position 42°11.7′ N., 083°08.9′ W.               Order 13771. See OMB’s Memorandum
                                                Regulatory History                                      (NAD 83).                                             titled ‘‘Interim Guidance Implementing
                                                   The Coast Guard is issuing this                         An on-scene representative of the                  Section 2 of the Executive Order of
                                                temporary rule without prior notice and                 COTP or event sponsor representatives                 January 30, 2017 titled ‘Reducing
                                                opportunity to comment pursuant to                      may permit vessels to transit the area                Regulation and Controlling Regulatory
                                                authority under section 4(a) of the                     when no race activity is occurring. The               Costs’’’ (February 2, 2017). A regulatory
                                                Administrative Procedure Act (APA) (5                   on-scene representative may be present                analysis (RA) follows.
                                                U.S.C. 553(b)). This provision                          on any Coast Guard, state, or local law                  This regulatory action determination
                                                authorizes an agency to issue a rule                    enforcement vessel assigned to patrol                 is based on the size, location, duration,
                                                without prior notice and opportunity to                 the event. Vessel operators desiring to               and time-of-year of the special local
                                                comment when the agency for good                        transit through the regulated area must               regulation. Vessel traffic will be able to
                                                cause finds that those procedures are                   contact the Coast Guard Patrol                        safely transit around this special local
                                                ‘‘impracticable, unnecessary, or contrary               Commander to obtain permission to do                  regulation zone which will impact a
                                                to the public interest.’’ Under 5 U.S.C.                so. The COTP or his designated on-                    small designated area of the Detroit
                                                553(b)(B), the Coast Guard finds that                   scene representative may be contacted                 River from 7:30 a.m. to 4:30 p.m. April
                                                good cause exists for not publishing a                  via VHF Channel 16 or at 313—568–                     29, 2017. Moreover, the Coast Guard
                                                notice of proposed rulemaking (NPRM)                    9560.                                                 will issue Broadcast Notice to Mariners
                                                with respect to this rule because doing                    The COTP or his designated on-scene                via VHF–FM marine channel 16 about
                                                so would be impracticable. The Coast                    representative will notify the public of              the special local regulation and the rule
                                                Guard did not receive the final details                 the enforcement of this rule by all                   allows vessels to seek permission to
                                                of this rowing event until there was                    appropriate means, including a                        enter the area.
                                                insufficient time remaining before the                  Broadcast Notice to Mariners and Local                B. Impact on Small Entities
                                                event to publish an NPRM. Thus,                         Notice to Mariners.
                                                delaying the effective date of this rule to                                                                      The Regulatory Flexibility Act of
                                                                                                        V. Regulatory Analyses                                1980, 5 U.S.C. 601–612, as amended,
                                                wait for a comment period to run would
                                                be impracticable because it would                         We developed this rule after                        requires Federal agencies to consider
                                                inhibit the Coast Guard’s ability to                    considering numerous statutes and                     the potential impact of regulations on
                                                protect participants, mariners and                      executive orders related to rulemaking.               small entities during rulemaking. The
                                                vessels from the hazards associated with                Below we summarize our analyses                       term ‘‘small entities’’ comprises small
                                                this event. We are issuing this rule                    based on these statutes and executive                 businesses, not-for-profit organizations
                                                under 5 U.S.C. 553(d)(3), as the Coast                  orders.                                               that are independently owned and
                                                Guard finds that good cause exists for                                                                        operated and are not dominant in their
                                                                                                        A. Regulatory Planning and Review                     fields, and governmental jurisdictions
                                                making it effective less than 30 days
                                                after publication in the Federal Register                  Executive Orders 12866 (‘‘Regulatory               with populations of less than 50,000.
                                                for the same reason noted above.                        Planning and Review’’) and 13563                      The Coast Guard certifies under 5 U.S.C.
                                                                                                        (‘‘Improving Regulation and Regulatory                605(b) that this rule will not have a
                                                III. Legal Authority and Need for Rule                  Review’’) direct agencies to assess the               significant economic impact on a
                                                   The Coast Guard is issuing this rule                 costs and benefits of available regulatory            substantial number of small entities.
                                                under authority in 33 U.S.C. 1233. The                  alternatives and, if regulation is                       While some owners or operators of
                                                Captain of the Port Detroit (COTP) has                  necessary, to select regulatory                       vessels intending to transit the special
                                                determined that the likely combination                  approaches that maximize net benefits                 local regulation may be small entities,
                                                of recreation vessels, commercial                       (including potential economic,                        for the reasons stated in section V.A
                                                vessels, and an unknown number of                       environmental, public health and safety               above, this rule will not have a
                                                spectators in close proximity to a youth                effects, distributive impacts, and                    significant economic impact on any
                                                rowing regatta along the water pose                     equity). Executive Order 13563                        vessel owner or operator.
                                                extra and unusual hazards to public                     emphasizes the importance of                             Under section 213(a) of the Small
                                                safety and property. Therefore, the                     quantifying both costs and benefits, of               Business Regulatory Enforcement
                                                COTP is establishing a Special Local                    reducing costs, of harmonizing rules,                 Fairness Act of 1996 (Pub. L. 104–121),
                                                Regulation around the event location to                 and of promoting flexibility. Executive               we want to assist small entities in
                                                help minimize risks to safety of life and               Order 13771                                           understanding this rule. If the rule
                                                property during this event.                                (‘‘Reducing Regulation and                         would affect your small business,
                                                                                                        Controlling Regulatory Costs’’), directs              organization, or governmental
                                                IV. Discussion of the Rule                              agencies to reduce regulation and                     jurisdiction and you have questions
                                                   This rule establishes a temporary                    control regulatory costs and provides                 concerning its provisions or options for
                                                special local regulation from 7:30 a.m.                 that ‘‘for every one new regulation                   compliance, please contact the person
                                                until 4:30 p.m. on April 29, 2017. In                   issued, at least two prior regulations be             listed in the FOR FURTHER INFORMATION
jstallworth on DSK7TPTVN1PROD with RULES




                                                light of the aforementioned hazards, the                identified for elimination, and that the              CONTACT section.
                                                COTP has determined that a special                      cost of planned regulations be prudently                 Small businesses may send comments
                                                local regulation is necessary to protect                managed and controlled through a                      on the actions of Federal employees
                                                spectators, vessels, and participants.                  budgeting process.’’                                  who enforce, or otherwise determine
                                                The special local regulation will                          The Office of Management and Budget                compliance with, Federal regulations to
                                                encompass the following waterway: All                   (OMB) has not designated this rule a                  the Small Business and Agriculture
                                                waters of the Detroit River, Trenton                    significant regulatory action under                   Regulatory Enforcement Ombudsman


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                                                18862               Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations

                                                and the Regional Small Business                         Management Directive 023–01 and                         (c) Regulations. (1) Vessels transiting
                                                Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     through the regulated area are to
                                                Ombudsman evaluates these actions                       which guide the Coast Guard in                        maintain the minimum speeds for safe
                                                annually and rates each agency’s                        complying with the National                           navigation.
                                                responsiveness to small business. If you                Environmental Policy Act of 1969 (42                    (2) Vessel operators desiring to
                                                wish to comment on actions by                           U.S.C. 4321–4370f), and have                          operate in the regulated area must
                                                employees of the Coast Guard, call 1–                   determined that this action is one of a               contact the Coast Guard Patrol
                                                888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                       Commander to obtain permission to do
                                                Coast Guard will not retaliate against                  individually or cumulatively have a                   so. The Captain of the Port Detroit
                                                small entities that question or complain                significant effect on the human                       (COTP) or his on-scene representative
                                                about this rule or any policy or action                 environment. This rule involves a                     may be contacted via VHF Channel 16
                                                of the Coast Guard.                                     special local regulation lasting nine                 or at 313–568–9560. Vessel operators
                                                                                                        hours that will limit entry to a                      given permission to operate within the
                                                C. Collection of Information
                                                                                                        designated area. It is categorically                  regulated area must comply with all
                                                  This rule will not call for a new                     excluded under section 2.B.2, figure 2–               directions given to them by the COTP or
                                                collection of information under the                     1, and paragraph 34(h) of the                         his on-scene representative.
                                                Paperwork Reduction Act of 1995 (44                     Instruction. A Record of Environmental                  (3) The ‘‘on-scene representative’’ of
                                                U.S.C. 3501–3520).                                      Consideration (REC) is available in the               the COTP Detroit is any Coast Guard
                                                D. Federalism and Indian Tribal                         docket where indicated in the                         commissioned, warrant or petty officer
                                                Governments                                             ADDRESSES section of this preamble.                   or a Federal, State, or local law
                                                                                                                                                              enforcement officer designated by or
                                                   A rule has implications for federalism               G. Protest Activities                                 assisting the Captain of the Port Detroit
                                                under Executive Order 13132,                              The Coast Guard respects the First                  to act on his behalf.
                                                Federalism, if it has a substantial direct              Amendment rights of protesters.                         (4) Vessel operators shall contact the
                                                effect on the States, on the relationship               Protesters are asked to contact the                   COTP Detroit or his on-scene
                                                between the national government and                     person listed in the FOR FURTHER                      representative to obtain permission to
                                                the States, or on the distribution of                   INFORMATION CONTACT section to                        enter or operate within the special local
                                                power and responsibilities among the                    coordinate protest activities so that your            regulation. The COTP Detroit or his on-
                                                various levels of government. We have                   message can be received without                       scene representative may be contacted
                                                analyzed this rule under that Order and                 jeopardizing the safety or security of                via VHF Channel 16 or at 313–568–
                                                have determined that it is consistent                   people, places or vessels.                            9464. Vessel operators given permission
                                                with the fundamental federalism                                                                               to enter or operate in the regulated area
                                                principles and preemption requirements                  List of Subjects in 33 CFR Part 100                   must comply with all directions given to
                                                described in Executive Order 13132.                       Marine safety, Navigation (water),                  them by the COTP Detroit or his on-
                                                   Also, this rule does not have tribal                 Reporting and recordkeeping                           scene representative.
                                                implications under Executive Order                      requirements, Waterways.
                                                13175, Consultation and Coordination                                                                            Dated: April 19, 2017.
                                                with Indian Tribal Governments,                           For the reasons discussed in the                    R. Negron,
                                                because it does not have a substantial                  preamble, the Coast Guard amends 33                   Commander, U.S. Coast Guard, Acting
                                                direct effect on one or more Indian                     CFR part 100 as follows:                              Captain of the Port Detroit.
                                                tribes, on the relationship between the                                                                       [FR Doc. 2017–08214 Filed 4–21–17; 8:45 am]
                                                                                                        PART 100—SAFETY OF LIFE ON
                                                Federal Government and Indian tribes,                                                                         BILLING CODE 9110–04–P
                                                                                                        NAVIGABLE WATERS
                                                or on the distribution of power and
                                                responsibilities between the Federal                    ■ 1. The authority citation for part 100
                                                Government and Indian tribes. If you                                                                          DEPARTMENT OF HOMELAND
                                                                                                        continues to read as follows:                         SECURITY
                                                believe this rule has implications for
                                                federalism or Indian tribes, please                         Authority: 33 U.S.C. 1233.
                                                contact the person listed in the FOR                    ■ 2. Add § 100.T09–0305 to read as                    Coast Guard
                                                FURTHER INFORMATION CONTACT section                     follows:
                                                                                                                                                              33 CFR Part 100
                                                above.
                                                                                                        § 100.T09–0305 Special local regulation;
                                                                                                                                                              [Docket Number USCG–2017–0067]
                                                E. Unfunded Mandates Reform Act                         Hebda Cup Rowing Regatta; Detroit River,
                                                                                                        Trenton Channel, Wyandotte, MI.                       RIN 1625–AA08
                                                  The Unfunded Mandates Reform Act
                                                of 1995 (2 U.S.C. 1531–1538) requires                      (a) Location. A regulated area is
                                                                                                        established to encompass the following                Special Local Regulation; Bush River,
                                                Federal agencies to assess the effects of                                                                     Harford County, MD
                                                their discretionary regulatory actions. In              waterway: All waters of the Detroit
                                                particular, the Act addresses actions                   River, Trenton Channel between the                    AGENCY:    Coast Guard, DHS.
                                                that may result in the expenditure by a                 following two lines going from bank-to-               ACTION:   Temporary final rule.
                                                State, local, or tribal government, in the              bank: the first line is drawn directly
                                                aggregate, or by the private sector of                  across the channel from position                      SUMMARY:   The Coast Guard is
                                                $100,000,000 (adjusted for inflation) or                42°11.0′ N., 083°09.4′ W. (NAD 83); the               establishing special local regulations for
                                                more in any one year. Though this rule                  second line, to the north, is drawn                   certain waters of the Bush River,
jstallworth on DSK7TPTVN1PROD with RULES




                                                will not result in such expenditure, we                 directly across the channel from                      including Otter Point Creek. This action
                                                do discuss the effects of this rule                     position 42°11.7′ N., 083°08.9′ W. (NAD               is necessary to provide for the safety of
                                                elsewhere in this preamble.                             83).                                                  life on these navigable waters located
                                                                                                           (b) Enforcement period. This section               near Flying Point Park in Harford
                                                F. Environment                                          is effective and will be enforced from                County, MD, during a high-speed power
                                                  We have analyzed this rule under                      7:30 a.m. until 4:30 p.m. on April 29,                boat racing event on May 6, 2017, and
                                                Department of Homeland Security                         2017.                                                 May 7, 2017. This rulemaking would


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Document Created: 2017-04-22 00:11:30
Document Modified: 2017-04-22 00:11:30
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 April 29, 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 18860 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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