82_FR_44243 82 FR 44061 - Special Local Regulation; Frogtown Regatta, Maumee River, Toledo, OH

82 FR 44061 - Special Local Regulation; Frogtown Regatta, Maumee River, Toledo, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 182 (September 21, 2017)

Page Range44061-44063
FR Document2017-19750

The Coast Guard is establishing a temporary special local regulation for all navigable waters of the Maumee River, Toledo, OH from the Martin Luther King Jr. Memorial Bridge at Maumee river mile 4.30 to the Michael DiSalle Bridge at River mile 6.73. This regulated area is necessary to protect spectators and vessels from potential hazards associated with the Frogtown Regatta. Entry of vessels or persons into this regulated area is prohibited unless specifically authorized by the Captain of the Port Detroit, or a designated representative.

Federal Register, Volume 82 Issue 182 (Thursday, September 21, 2017)
[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44061-44063]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19750]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-0754]
RIN 1625-AA08


Special Local Regulation; Frogtown Regatta, Maumee River, Toledo, 
OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all navigable waters of the Maumee River, Toledo, OH 
from the Martin Luther King Jr. Memorial Bridge at Maumee river mile 
4.30 to the Michael DiSalle Bridge at River mile 6.73. This regulated 
area is necessary to protect spectators and vessels from potential 
hazards associated with the Frogtown Regatta. Entry of vessels or 
persons into this regulated area is prohibited unless specifically 
authorized by the Captain of the Port Detroit, or a designated 
representative.

DATES: This temporary final rule is effective from 5 a.m. through 6 
p.m. on September 23, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0754 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 Ryan Erpelding, Prevention Department, 
MSU Toledo, Coast Guard; telephone 419-418-6037, or email 
Ryan.G.Erpelding@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the final details of this regatta until 
there was insufficient time remaining before the event to publish an 
NPRM. We must establish this area by September 23, 2017 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), for the 
reasons stated above, the Coast Guard finds that good cause exists for 
making this temporary

[[Page 44062]]

rule effective less than 30 days after publication in the Federal 
Register.

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 
potential hazard associated with regatta from 5 a.m. through 6 p.m. on 
September 23, 2017 will be a safety concern to anyone within waters of 
the Maumee River, Toledo, OH from the Martin Luther King Jr. Memorial 
Bridge at river mile 4.30 to the Michael DiSalle Bridge at river mile 
6.73. This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
regatta occurs.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5 a.m. through 6 p.m. on 
September 23, 2017. The safety zone will encompass all U.S. navigable 
waters of the Maumee River, Toledo, OH from the Martin Luther King Jr. 
Memorial Bridge at river mile 4.30 to the Michael DiSalle Bridge at 
river mile 6.73. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.
    The Coast Guard will patrol the regatta area under the direction of 
the Captain of the Port Detroit (COTP), or a designated representative. 
A designated representative may be a Coast Guard Patrol Commander. 
Vessels desiring to transit the regulated area may do so only with 
prior approval of the COTP or a designated representative and when so 
directed by that officer. Vessels will be operated at a no wake speed 
to reduce the wake to a minimum, in a manner which will not endanger 
participants in the event or any other craft and remain vigilant for 
event participants and safety craft. Additionally, vessels must yield 
right-of-way for event participants and event safety craft and must 
follow directions given by the COTP or a designated representative. The 
rules contained in the above two sentences do not apply to participants 
in the event or vessels of the patrol operating in the performance of 
their assigned duties. Commercial vessels will have right-of-way over 
event participants and event safety craft. The races will stop for 
oncoming freighter or commercial traffic and will resume after the 
vessel has completed its passage through the regulated area. COTP or a 
designated representative may direct the anchoring, mooring, or 
movement of any boat or vessel within the regatta area. A succession of 
sharp, short signals by whistle or horn from vessels patrolling the 
area under the direction of the U.S. COTP or a designated 
representative shall serve as a signal to stop. Vessels so signaled 
must stop and comply with the orders of the COTP or a designated 
representative. Failure to do so may result in expulsion from the area, 
citation for failure to comply, or both. The COTP or a designated 
representative may establish vessel size and speed limitations and 
operating conditions and may restrict vessel operation within the 
regatta area to vessels having particular operating characteristics. 
The COTP or a designated representative may terminate the marine event 
or the operation of any vessel at any time it is deemed necessary for 
the protection of life and property.
    Patrol Commander means a Coast Guard commissioned, warrant, or 
petty officer who has been designated by the COTP to monitor a regatta 
area, permit entry into the regatta area, give legally enforceable 
orders to persons or vessels within the regatta area, and take other 
actions authorized by the COTP. The Patrol Commander will be aboard 
either a Coast Guard or Coast Guard Auxiliary vessel. The Patrol 
Commander may be contacted on Channel 16 (156.8 MHZ) by the call sign 
``Coast Guard Patrol Commander.''

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771. This regulatory action 
determination is based on the size, location, duration, and time-of-
year of the regulated area. Vessel traffic will be able to safely 
transit around this regulated area, which will impact a small 
designated area of the Maumee River from 5 a.m. through 6 p.m. on 
September 23, 2017. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the regulated 
area and the rule allows vessels to seek permission to enter the 
regulated 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 
regulated area 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).

[[Page 44063]]

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 an 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 interval lasting from 5a.m. 
through 6 p.m., that will prohibit entry within waters of the Maumee 
River, Toledo, OH from the Martin Luther King Jr. Memorial Bridge at 
river mile 4.30 to the Michael DiSalle Bridge at river mile 6.73. It is 
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(h) 
of the Commandant Instruction. A Record of Environmental Consideration 
(REC) supporting this determination is available in the docket where 
indicated in the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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. In Sec.  100.928, effective from 5 a.m. through 6 p.m. on September 
23, 2017, suspend paragraph (b) and add paragraph (d) to read as 
follows:


Sec.  100.928  Special Local Regulation; Frogtown Regatta, Maumee 
River, Toledo, OH.

* * * * *
    (d) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 5 a.m. through 6 p.m. on 
September 23, 2017.

    Dated: September 11, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-19750 Filed 9-20-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                       44061

                                                  The Rule                                                 PART 71—DESIGNATION OF CLASS A,                         Michael DiSalle Bridge at River mile
                                                                                                           B, C, D, AND E AIRSPACE AREAS; AIR                      6.73. This regulated area is necessary to
                                                     This action amends Title 14, Code of                  TRAFFIC SERVICE ROUTES; AND                             protect spectators and vessels from
                                                  Federal Regulations (14 CFR) part 71 by                  REPORTING POINTS                                        potential hazards associated with the
                                                  eliminating the following language from                                                                          Frogtown Regatta. Entry of vessels or
                                                  the legal description of Class E airspace                ■ 1. The authority citation for part 71                 persons into this regulated area is
                                                  designated as an extension at Lemoore                    continues to read as follows:                           prohibited unless specifically
                                                  NAS (Reeves Field), Lemoore, CA, ‘‘This                    Authority: 49 U.S.C. 106(f), 106(g); 40103,           authorized by the Captain of the Port
                                                  Class E airspace is effective during the                 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            Detroit, or a designated representative.
                                                  specific dates and times established in                  1959–1963 Comp., p. 389.                                DATES: This temporary final rule is
                                                  advance by a Notice to Airmen. The                                                                               effective from 5 a.m. through 6 p.m. on
                                                  effective date and time will thereafter be               § 71.1       [Amended]
                                                                                                                                                                   September 23, 2017.
                                                  continuously published in the Airport/                   ■ 2. The incorporation by reference in
                                                                                                                                                                   ADDRESSES: To view documents
                                                  Facility Directory’’. This is an                         14 CFR 71.1 of FAA Order 7400.11B,
                                                  administrative change and does not                                                                               mentioned in this preamble as being
                                                                                                           Airspace Designations and Reporting
                                                  affect the boundaries, altitudes, or                                                                             available in the docket, go to http://
                                                                                                           Points, dated August 3, 2017, effective
                                                  operating requirements of the airspace,                                                                          www.regulations.gov, type USCG–2017–
                                                                                                           September 15, 2017, is amended as
                                                  therefore, notice and public procedure                                                                           0754 in the ‘‘SEARCH’’ box and click
                                                                                                           follows:
                                                  under 5 U.S.C. 553(b) is unnecessary.                                                                            ‘‘SEARCH.’’ Click on Open Docket
                                                                                                           Paragraph 6004 Class E Airspace Areas                   Folder on the line associated with this
                                                  Regulatory Notices and Analyses                          Designated as an Extension to a Class D or              rule.
                                                                                                           Class E Surface Area.
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT: If
                                                     The FAA has determined that this                      *        *      *      *       *                        you have questions on this temporary
                                                  regulation only involves an established
                                                                                                           AWP CA E4 Lemoore NAS, CA [Amended]                     rule, call or email Ryan Erpelding,
                                                  body of technical regulations for which
                                                                                                           Lemoore NAS (Reeves Field), CA                          Prevention Department, MSU Toledo,
                                                  frequent and routine amendments are
                                                                                                             (Lat. 36°19′59″ N., long. 119°57′08″ W.)              Coast Guard; telephone 419–418–6037,
                                                  necessary to keep them operationally                                                                             or email Ryan.G.Erpelding@uscg.mil.
                                                                                                           Lemoore TACAN
                                                  current, is non-controversial and                          (Lat. 36°20′39″ N., long. 119°57′59″ W.)
                                                  unlikely to result in adverse or negative                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                             That airspace extending upward from the
                                                  comments. It, therefore: (1) Is not a                    surface within a 5.2-mile radius of Lemoore             I. Table of Abbreviations
                                                  ‘‘significant regulatory action’’ under                  NAS (Reeves Field), and within 1.8 miles                CFR Code of Federal Regulations
                                                  Executive Order 12866; (2) is not a                      each side of the Lemoore TACAN 335° and                 DHS Department of Homeland Security
                                                  ‘‘significant rule’’ under DOT                           357° radials, extending from the 5.2-mile               FR Federal Register
                                                  Regulatory Policies and Procedures (44                   radius of Lemoore NAS (Reeves Field) to 7               NPRM Notice of Proposed Rulemaking
                                                  FR 11034; February 26, 1979); and (3)                    miles northwest and north of the TACAN,                 § Section
                                                  does not warrant preparation of a                        and within 1.8 miles each side of the                   U.S.C. United States Code
                                                  regulatory evaluation as the anticipated                 Lemoore TACAN 155° radial, extending from
                                                                                                           the 5.2-mile radius to 7 miles southeast of the         II. Background Information and
                                                  impact is so minimal. Since this is a                    TACAN.                                                  Regulatory History
                                                  routine matter that only affects air traffic
                                                  procedures and air navigation, it is                       Issued in Seattle, Washington, on                        The Coast Guard is issuing this
                                                  certified that this rule, when                           September 14, 2017.                                     temporary rule without prior notice and
                                                  promulgated, does not have a significant                 B.G. Chew,                                              opportunity to comment pursuant to
                                                  economic impact on a substantial                         Acting Group Manager, Operations Support                authority under section 4(a) of the
                                                  number of small entities under the                       Group, Western Service Center.                          Administrative Procedure Act (APA) (5
                                                  criteria of the Regulatory Flexibility Act.              [FR Doc. 2017–20043 Filed 9–20–17; 8:45 am]             U.S.C. 553(b)). This provision
                                                                                                           BILLING CODE 4910–13–P                                  authorizes an agency to issue a rule
                                                  Environmental Review                                                                                             without prior notice and opportunity to
                                                     The FAA has determined that this                                                                              comment when the agency for good
                                                  action qualifies for categorical exclusion               DEPARTMENT OF HOMELAND                                  cause finds that those procedures are
                                                  under the National Environmental                         SECURITY                                                ‘‘impracticable, unnecessary, or contrary
                                                  Policy Act in accordance with FAA                                                                                to the public interest.’’ Under 5 U.S.C.
                                                                                                           Coast Guard                                             553(b)(B), the Coast Guard finds that
                                                  Order 1050.1F, ‘‘Environmental
                                                  Impacts: Policies and Procedures,’’                                                                              good cause exists for not publishing a
                                                                                                           33 CFR Part 100                                         notice of proposed rulemaking (NPRM)
                                                  paragraph 5–6.5a. This airspace action
                                                  is not expected to cause any potentially                 [Docket No. USCG–2017–0754]                             with respect to this rule because doing
                                                  significant environmental impacts, and                                                                           so would be impracticable. The Coast
                                                                                                           RIN 1625–AA08                                           Guard did not receive the final details
                                                  no extraordinary circumstances exist
                                                  that warrant preparation of an                                                                                   of this regatta until there was
                                                                                                           Special Local Regulation; Frogtown                      insufficient time remaining before the
                                                  environmental assessment.                                Regatta, Maumee River, Toledo, OH                       event to publish an NPRM. We must
                                                  Lists of Subjects in 14 CFR Part 71                      AGENCY:       Coast Guard, DHS.                         establish this area by September 23,
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                           ACTION:      Temporary final rule.                      2017 and lack sufficient time to provide
                                                   Airspace, Incorporation by reference,                                                                           a reasonable comment period and then
                                                  Navigation (air).                                        SUMMARY:   The Coast Guard is                           consider those comments before issuing
                                                  Adoption of the Amendment                                establishing a temporary special local                  the rule.
                                                                                                           regulation for all navigable waters of the                 We are issuing this rule, and under 5
                                                    In consideration of the foregoing, the                 Maumee River, Toledo, OH from the                       U.S.C. 553(d)(3), for the reasons stated
                                                  Federal Aviation Administration                          Martin Luther King Jr. Memorial Bridge                  above, the Coast Guard finds that good
                                                  amends 14 CFR part 71 as follows:                        at Maumee river mile 4.30 to the                        cause exists for making this temporary


                                             VerDate Sep<11>2014    16:39 Sep 20, 2017   Jkt 241001   PO 00000   Frm 00009     Fmt 4700   Sfmt 4700   E:\FR\FM\21SER1.SGM   21SER1


                                                  44062            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                  rule effective less than 30 days after                   whistle or horn from vessels patrolling               September 23, 2017. Moreover, the
                                                  publication in the Federal Register.                     the area under the direction of the U.S.              Coast Guard will issue Broadcast Notice
                                                                                                           COTP or a designated representative                   to Mariners via VHF–FM marine
                                                  III. Legal Authority and Need for Rule
                                                                                                           shall serve as a signal to stop. Vessels              channel 16 about the regulated area and
                                                     The Coast Guard is issuing this rule                  so signaled must stop and comply with                 the rule allows vessels to seek
                                                  under authority in 33 U.S.C. 1233. The                   the orders of the COTP or a designated                permission to enter the regulated area.
                                                  Captain of the Port Detroit (COTP) has                   representative. Failure to do so may
                                                  determined that potential hazard                         result in expulsion from the area,                    B. Impact on Small Entities
                                                  associated with regatta from 5 a.m.                      citation for failure to comply, or both.
                                                  through 6 p.m. on September 23, 2017                                                                              The Regulatory Flexibility Act of
                                                                                                           The COTP or a designated
                                                  will be a safety concern to anyone                                                                             1980, 5 U.S.C. 601–612, as amended,
                                                                                                           representative may establish vessel size
                                                  within waters of the Maumee River,                                                                             requires Federal agencies to consider
                                                                                                           and speed limitations and operating
                                                  Toledo, OH from the Martin Luther King                   conditions and may restrict vessel                    the potential impact of regulations on
                                                  Jr. Memorial Bridge at river mile 4.30 to                operation within the regatta area to                  small entities during rulemaking. The
                                                  the Michael DiSalle Bridge at river mile                 vessels having particular operating                   term ‘‘small entities’’ comprises small
                                                  6.73. This rule is needed to protect                     characteristics. The COTP or a                        businesses, not-for-profit organizations
                                                  personnel, vessels, and the marine                       designated representative may terminate               that are independently owned and
                                                  environment in the navigable waters                      the marine event or the operation of any              operated and are not dominant in their
                                                  within the safety zone while the regatta                 vessel at any time it is deemed                       fields, and governmental jurisdictions
                                                  occurs.                                                  necessary for the protection of life and              with populations of less than 50,000.
                                                                                                           property.                                             The Coast Guard certifies under 5 U.S.C.
                                                  IV. Discussion of the Rule                                                                                     605(b) that this rule will not have a
                                                                                                              Patrol Commander means a Coast
                                                     This rule establishes a safety zone                   Guard commissioned, warrant, or petty                 significant economic impact on a
                                                  from 5 a.m. through 6 p.m. on                            officer who has been designated by the                substantial number of small entities.
                                                  September 23, 2017. The safety zone                      COTP to monitor a regatta area, permit                   While some owners or operators of
                                                  will encompass all U.S. navigable                        entry into the regatta area, give legally             vessels intending to transit the regulated
                                                  waters of the Maumee River, Toledo,                      enforceable orders to persons or vessels              area may be small entities, for the
                                                  OH from the Martin Luther King Jr.                       within the regatta area, and take other               reasons stated in section V.A above, this
                                                  Memorial Bridge at river mile 4.30 to                    actions authorized by the COTP. The                   rule will not have a significant
                                                  the Michael DiSalle Bridge at river mile                 Patrol Commander will be aboard either
                                                  6.73. No vessel or person will be                                                                              economic impact on any vessel owner
                                                                                                           a Coast Guard or Coast Guard Auxiliary                or operator.
                                                  permitted to enter the safety zone                       vessel. The Patrol Commander may be
                                                  without obtaining permission from the                    contacted on Channel 16 (156.8 MHZ)                      Under section 213(a) of the Small
                                                  COTP or a designated representative.                     by the call sign ‘‘Coast Guard Patrol                 Business Regulatory Enforcement
                                                     The Coast Guard will patrol the                       Commander.’’                                          Fairness Act of 1996 (Pub. L. 104–121),
                                                  regatta area under the direction of the                                                                        we want to assist small entities in
                                                  Captain of the Port Detroit (COTP), or a                 V. Regulatory Analyses                                understanding this rule. If the rule
                                                  designated representative. A designated                    We developed this rule after                        would affect your small business,
                                                  representative may be a Coast Guard                      considering numerous statutes and                     organization, or governmental
                                                  Patrol Commander. Vessels desiring to                    executive orders related to rulemaking.               jurisdiction and you have questions
                                                  transit the regulated area may do so only                Below we summarize our analyses                       concerning its provisions or options for
                                                  with prior approval of the COTP or a                     based on these statutes and executive                 compliance, please contact the person
                                                  designated representative and when so                    orders.                                               listed in the FOR FURTHER INFORMATION
                                                  directed by that officer. Vessels will be                                                                      CONTACT section.
                                                  operated at a no wake speed to reduce                    A. Regulatory Planning and Review
                                                                                                                                                                    Small businesses may send comments
                                                  the wake to a minimum, in a manner                          Executive Orders 12866 and 13563
                                                                                                                                                                 on the actions of Federal employees
                                                  which will not endanger participants in                  direct agencies to assess the costs and
                                                                                                                                                                 who enforce, or otherwise determine
                                                  the event or any other craft and remain                  benefits of available regulatory
                                                                                                                                                                 compliance with, Federal regulations to
                                                  vigilant for event participants and safety               alternatives and, if regulation is
                                                                                                                                                                 the Small Business and Agriculture
                                                  craft. Additionally, vessels must yield                  necessary, to select regulatory
                                                                                                           approaches that maximize net benefits.                Regulatory Enforcement Ombudsman
                                                  right-of-way for event participants and
                                                  event safety craft and must follow                       Executive Order 13771 directs agencies                and the Regional Small Business
                                                  directions given by the COTP or a                        to control regulatory costs through a                 Regulatory Fairness Boards. The
                                                  designated representative. The rules                     budgeting process. This rule has not                  Ombudsman evaluates these actions
                                                  contained in the above two sentences do                  been designated a ‘‘significant                       annually and rates each agency’s
                                                  not apply to participants in the event or                regulatory action,’’ under Executive                  responsiveness to small business. If you
                                                  vessels of the patrol operating in the                   Order 12866. Accordingly, this rule has               wish to comment on actions by
                                                  performance of their assigned duties.                    not been reviewed by the Office of                    employees of the Coast Guard, call 1–
                                                  Commercial vessels will have right-of-                   Management and Budget (OMB), and                      888–REG–FAIR (1–888–734–3247). The
                                                  way over event participants and event                    pursuant to OMB guidance it is exempt                 Coast Guard will not retaliate against
                                                  safety craft. The races will stop for                    from the requirements of Executive                    small entities that question or complain
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  oncoming freighter or commercial traffic                 Order 13771. This regulatory action                   about this rule or any policy or action
                                                  and will resume after the vessel has                     determination is based on the size,                   of the Coast Guard.
                                                  completed its passage through the                        location, duration, and time-of-year of               C. Collection of Information
                                                  regulated area. COTP or a designated                     the regulated area. Vessel traffic will be
                                                  representative may direct the anchoring,                 able to safely transit around this                      This rule will not call for a new
                                                  mooring, or movement of any boat or                      regulated area, which will impact a                   collection of information under the
                                                  vessel within the regatta area. A                        small designated area of the Maumee                   Paperwork Reduction Act of 1995 (44
                                                  succession of sharp, short signals by                    River from 5 a.m. through 6 p.m. on                   U.S.C. 3501–3520).


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                     44063

                                                  D. Federalism and Indian Tribal                          categorically excluded under section                  DEPARTMENT OF HOMELAND
                                                  Governments                                              2.B.2, figure 2–1, paragraph 34(h) of the             SECURITY
                                                     A rule has implications for federalism                Commandant Instruction. A Record of
                                                                                                           Environmental Consideration (REC)                     Coast Guard
                                                  under Executive Order 13132,
                                                  Federalism, if it has a substantial direct               supporting this determination is
                                                                                                           available in the docket where indicated               33 CFR Parts 100 and 165
                                                  effect on the States, on the relationship
                                                  between the national government and                      in the ADDRESSES section of this
                                                  the States, or on the distribution of                    preamble.                                             [Docket Number USCG–2016–0998]
                                                  power and responsibilities among the
                                                                                                           G. Protest Activities
                                                  various levels of government. We have                                                                          RIN 1625– AA08; AA00
                                                  analyzed this rule under that Order and                    The Coast Guard respects the First
                                                  have determined that it is consistent                    Amendment rights of protesters.                       Special Local Regulations and Safety
                                                  with the fundamental federalism                                                                                Zones; Recurring Marine Events Held
                                                                                                           Protesters are asked to contact the
                                                  principles and preemption requirements                                                                         in the Coast Guard Sector Northern
                                                                                                           person listed in the FOR FURTHER
                                                  described in Executive Order 13132.                                                                            New England Captain of the Port Zone
                                                                                                           INFORMATION CONTACT section to
                                                     Also, this rule does not have tribal                  coordinate protest activities so that your            AGENCY:    Coast Guard, DHS.
                                                  implications under Executive Order                       message can be received without
                                                  13175, Consultation and Coordination                                                                           ACTION:   Final rule.
                                                                                                           jeopardizing the safety or security of
                                                  with Indian Tribal Governments,                                                                                SUMMARY:   The Coast Guard is updating
                                                                                                           people, places or vessels.
                                                  because it does not have a substantial                                                                         the special local regulations and
                                                  direct effect on one or more Indian                      List of Subjects in 33 CFR Part 100                   permanent safety zones in Coast Guard
                                                  tribes, on the relationship between the                                                                        Sector Northern New England Captain
                                                  Federal Government and Indian tribes,                      Harbors, Marine safety, Navigation
                                                                                                                                                                 of the Port Zone for annual recurring
                                                  or on the distribution of power and                      (water), Reporting and recordkeeping
                                                                                                                                                                 marine events. When enforced, these
                                                  responsibilities between the Federal                     requirements, Security measures,
                                                                                                                                                                 special local regulations and safety
                                                  Government and Indian tribes. If you                     Waterways.
                                                                                                                                                                 zones will restrict vessels from portions
                                                  believe this rule has implications for                     For the reasons discussed in the                    of water areas during certain annually
                                                  federalism or Indian tribes, please                                                                            recurring events. The special local
                                                                                                           preamble, the Coast Guard amends 33
                                                  contact the person listed in the FOR                                                                           regulations and safety zones are
                                                                                                           CFR part 100 as follows:
                                                  FURTHER INFORMATION CONTACT section
                                                                                                                                                                 intended to expedite public notification
                                                  above.                                                   PART 100—SAFETY OF LIFE ON                            and ensure the protection of the
                                                  E. Unfunded Mandates Reform Act                          NAVIGABLE WATERS                                      maritime public and event participants
                                                                                                                                                                 from the hazards associated with certain
                                                    The Unfunded Mandates Reform Act
                                                                                                           ■ 1. The authority citation for part 100              maritime events.
                                                  of 1995 (2 U.S.C. 1531–1538) requires
                                                  Federal agencies to assess the effects of                continues to read as follows:                         DATES: This rule is effective without
                                                  their discretionary regulatory actions. In                   Authority: 33 U.S.C. 1233.                        actual notice on September 21, 2017.
                                                  particular, the Act addresses actions                                                                          For the purposes of enforcement, actual
                                                  that may result in the expenditure by a                  ■ 2. In § 100.928, effective from 5 a.m.              notice will be used from June 26, 2017
                                                  State, local, or tribal government, in the               through 6 p.m. on September 23, 2017,                 through September 21, 2017.
                                                  aggregate, or by the private sector of                   suspend paragraph (b) and add                         ADDRESSES: To view documents
                                                  $100,000,000 (adjusted for inflation) or                 paragraph (d) to read as follows:                     mentioned in this preamble as being
                                                  more in any one year. Though this rule                                                                         available in the docket, go to http://
                                                  will not result in such an expenditure,                  § 100.928 Special Local Regulation;                   www.regulations.gov, type USCG–2016–
                                                                                                           Frogtown Regatta, Maumee River, Toledo,               0998 in the ‘‘SEARCH’’ box and click
                                                  we do discuss the effects of this rule
                                                                                                           OH.
                                                  elsewhere in this preamble.                                                                                    ‘‘SEARCH.’’ Click on Open Docket
                                                                                                           *     *    *     *     *                              Folder on the line associated with this
                                                  F. Environment                                                                                                 rule.
                                                                                                             (d) Enforcement period. The regulated
                                                     We have analyzed this rule under                      area described in paragraph (a) of this               FOR FURTHER INFORMATION CONTACT: If
                                                  Department of Homeland Security                          section will be enforced from 5 a.m.                  you have questions on this rule, call or
                                                  Management Directive 023–01 and                          through 6 p.m. on September 23, 2017.                 email Chief Marine Science Technician
                                                  Commandant Instruction M16475.lD,                                                                              Chris Bains, Sector Northern New
                                                  which guide the Coast Guard in                             Dated: September 11, 2017.
                                                                                                                                                                 England Waterways Management
                                                  complying with the National                              Jeffrey W. Novak,                                     Division, U.S. Coast Guard; telephone
                                                  Environmental Policy Act of 1969 (42                     Captain, U.S. Coast Guard, Captain of the             207–347–5003, email Chris.D.Bains@
                                                  U.S.C. 4321–4370f), and have                             Port Detroit.                                         uscg.mil.
                                                  determined that this action is one of a                  [FR Doc. 2017–19750 Filed 9–20–17; 8:45 am]
                                                  category of actions that do not                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                           BILLING CODE 9110–04–P
                                                  individually or cumulatively have a                                                                            I. Table of Abbreviations
                                                  significant effect on the human
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                                                                                 CFR Code of Federal Regulations
                                                  environment. This rule involves a
                                                                                                                                                                 DHS Department of Homeland Security
                                                  special local regulation interval lasting                                                                      E.O. Executive order
                                                  from 5a.m. through 6 p.m., that will                                                                           FR Federal Register
                                                  prohibit entry within waters of the                                                                            NPRM Notice of Proposed Rulemaking
                                                  Maumee River, Toledo, OH from the                                                                              NAD 83 North American Datum of 1983
                                                  Martin Luther King Jr. Memorial Bridge                                                                         Pub. L. Public Law
                                                  at river mile 4.30 to the Michael DiSalle                                                                      § Section
                                                  Bridge at river mile 6.73. It is                                                                               U.S.C. United States Code


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Document Created: 2018-10-24 14:34:48
Document Modified: 2018-10-24 14:34:48
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 5 a.m. through 6 p.m. on September 23, 2017.
ContactIf you have questions on this temporary rule, call or email Ryan Erpelding, Prevention Department, MSU Toledo, Coast Guard; telephone 419-418-6037, or email [email protected]
FR Citation82 FR 44061 
RIN Number1625-AA08
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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