83 FR 13638 - Special Local Regulation; Wyandotte Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 62 (March 30, 2018)

Page Range		13638-13640
FR Document		2018-06466

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.

Federal Register, Volume 83 Issue 62 (Friday, March 30, 2018)

[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13638-13640]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06466]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0235]
RIN 1625-AA08


Special Local Regulation; Wyandotte 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.

DATES: This temporary final rule is effective from 8 a.m. until 11 a.m. 
on April 21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0235 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
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 8 
a.m. until 11 a.m. on April 21, 2018. 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 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 a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

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

[[Page 13639]]

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 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 8 a.m. to 11 a.m. April 21, 2018. 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 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 four hours that will prohibit entry 
into a designated area. It is categorically excluded from further 
review under paragraph L[61] of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

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 record keeping 
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.T09-0235 to read as follows:


Sec.  100.T09-0235  Special Local Regulation; Wyandotte 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. The regulated area described in paragraph 
(a) will be enforced from 8 a.m. until 11 a.m. on April 21, 2018.

[[Page 13640]]

    (c) Special local 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: March 23, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-06466 Filed 3-29-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations 13639

necessary, to select regulatory and the Regional Small Business Directive 023–01 and Commandant
approaches that maximize net benefits. Regulatory Fairness Boards. The Instruction M16475.1D, which guide the
Executive Order 13771 directs agencies Ombudsman evaluates these actions Coast Guard in complying with the
to control regulatory costs through a annually and rates each agency’s National Environmental Policy Act of
budgeting process. This rule has not responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have
been designated a ‘‘significant wish to comment on actions by determined that this action is one of a
regulatory action,’’ under Executive employees of the Coast Guard, call 1– category of actions that do not
Order 12866. Accordingly, this rule has 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a
not been reviewed by the Office of Coast Guard will not retaliate against significant effect on the human
Management and Budget (OMB), and small entities that question or complain environment. This rule involves a
pursuant to OMB guidance it is exempt about this rule or any policy or action special local regulation lasting four
from the requirements of Executive of the Coast Guard. hours that will prohibit entry into a
Order 13771. designated area. It is categorically
This regulatory action determination C. Collection of Information
excluded from further review under
is based on the size, location, duration, This rule will not call for a new paragraph L[61] of Appendix A, Table 1
and time-of-year of the special local collection of information under the of DHS Instruction Manual 023–01–
regulation. Vessel traffic will be able to Paperwork Reduction Act of 1995 (44 001–01, Rev. 01. A Record of
safely transit around this special local U.S.C. 3501–3520). Environmental Consideration
regulation zone which will impact a supporting this determination is
small designated area of the Detroit D. Federalism and Indian Tribal
Governments available in the docket where indicated
River from 8 a.m. to 11 a.m. April 21, under ADDRESSES.
2018. Moreover, the Coast Guard will A rule has implications for federalism
issue Broadcast Notice to Mariners via under Executive Order 13132, G. Protest Activities
VHF–FM marine channel 16 about the Federalism, if it has a substantial direct The Coast Guard respects the First
special local regulation and the rule effect on the States, on the relationship Amendment rights of protesters.
allows vessels to seek permission to between the national government and Protesters are asked to contact the
enter the area. the States, or on the distribution of person listed in the FOR FURTHER
power and responsibilities among the INFORMATION CONTACT section to
B. Impact on Small Entities
various levels of government. We have coordinate protest activities so that your
The Regulatory Flexibility Act of analyzed this rule under that Order and message can be received without
1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent jeopardizing the safety or security of
requires Federal agencies to consider with the fundamental federalism people, places or vessels.
the potential impact of regulations on principles and preemption requirements
small entities during rulemaking. The described in Executive Order 13132. List of Subjects in 33 CFR Part 100
term ‘‘small entities’’ comprises small Also, this rule does not have tribal Marine safety, Navigation (water),
businesses, not-for-profit organizations implications under Executive Order Reporting and record keeping
that are independently owned and 13175, Consultation and Coordination requirements, Waterways.
operated and are not dominant in their with Indian Tribal Governments, For the reasons discussed in the
fields, and governmental jurisdictions because it does not have a substantial preamble, the Coast Guard amends 33
with populations of less than 50,000. direct effect on one or more Indian CFR part 100 as follows:
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
605(b) that this rule will not have a Federal Government and Indian tribes, PART 100—SAFETY OF LIFE ON
significant economic impact on a or on the distribution of power and NAVIGABLE WATERS
substantial number of small entities. responsibilities between the Federal
While some owners or operators of Government and Indian tribes. If you ■ 1. The authority citation for part 100
vessels intending to transit the special believe this rule has implications for continues to read as follows:
local regulation may be small entities, federalism or Indian tribes, please Authority: 33 U.S.C. 1233.
for the reasons stated in section V.A contact the person listed in the FOR ■ 2. Add § 100.T09–0235 to read as
above, this rule will not have a FURTHER INFORMATION CONTACT section follows:
significant economic impact on any above.
vessel owner or operator. § 100.T09–0235 Special Local Regulation;
Under section 213(a) of the Small E. Unfunded Mandates Reform Act Wyandotte Rowing Regatta; Detroit River,
Business Regulatory Enforcement The Unfunded Mandates Reform Act Trenton Channel, Wyandotte, MI.
Fairness Act of 1996 (Public Law 104– of 1995 (2 U.S.C. 1531–1538) requires (a) Location. A regulated area is
121), we want to assist small entities in Federal agencies to assess the effects of established to encompass the following
understanding this rule. If the rule their discretionary regulatory actions. In waterway: All waters of the Detroit
would affect your small business, particular, the Act addresses actions River, Trenton Channel between the
organization, or governmental that may result in the expenditure by a following two lines going from bank-to-
jurisdiction and you have questions State, local, or tribal government, in the bank: The first line is drawn directly
concerning its provisions or options for aggregate, or by the private sector of across the channel from position
compliance, please contact the person $100,000,000 (adjusted for inflation) or 42°11.0′ N, 083°09.4′ W (NAD 83); the
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule second line, to the north, is drawn
CONTACT section. will not result in such an expenditure, directly across the channel from
amozie on DSK30RV082PROD with RULES

Small businesses may send comments we do discuss the effects of this rule position 42°11.7′ N, 083°08.9′ W (NAD
on the actions of Federal employees elsewhere in this preamble. 83).
who enforce, or otherwise determine (b) Enforcement period. The regulated
compliance with, Federal regulations to F. Environment area described in paragraph (a) will be
the Small Business and Agriculture We have analyzed this rule under enforced from 8 a.m. until 11 a.m. on
Regulatory Enforcement Ombudsman Department of Homeland Security April 21, 2018.

VerDate Sep<11>2014 18:02 Mar 29, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1

Document Created: 2018-11-01 08:58:08
Document Modified: 2018-11-01 08:58:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This temporary final rule is effective from 8 a.m. until 11 a.m. on April 21, 2018.
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]
FR Citation		83 FR 13638
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (Water); Reporting and Record Keeping Requirements and Waterways

83 FR 13638 - Special Local Regulation; Wyandotte Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 62 (March 30, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard