83_FR_30987 83 FR 30860 - Special Local Regulation; Wyandotte Invites, Detroit River, Trenton Channel, Wyandotte, MI

83 FR 30860 - Special Local Regulation; Wyandotte Invites, Detroit River, Trenton Channel, Wyandotte, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 127 (July 2, 2018)

Page Range30860-30862
FR Document2018-14173

The Coast Guard is establishing a special local regulation for certain navigable waters of the Detroit River, Trenton Channel, Wyandotte, MI. This action is necessary and is intended to ensure safety of life on navigable waters immediately prior to, during, and immediately after the Wyandotte Invites event.

Federal Register, Volume 83 Issue 127 (Monday, July 2, 2018)
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30860-30862]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14173]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0626]
RIN 1625-AA08


Special Local Regulation; Wyandotte Invites, 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 navigable waters of the Detroit River, Trenton Channel, 
Wyandotte, MI. This action is necessary and is intended to ensure 
safety of life on navigable waters immediately prior to, during, and 
immediately after the Wyandotte Invites event.

DATES: This temporary final rule is effective from 8 a.m. until 12:30 
p.m. on July 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0626 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 just recently received the final details of this rowing 
event, Wyandotte Invites, which does not provide sufficient time to 
publish an NPRM prior to the event. Thus, delaying the effective date 
of this rule to wait for a comment period to run would be contrary to 
public interest because it would inhibit the Coast Guard's ability to 
protect participants, mariners and vessels from the hazards associated 
with this event. It is impracticable to publish an NPRM because we lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would inhibit the Coast Guard's ability to protect 
participants, mariners and vessels from the hazards associated with 
this event.

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 12:30 p.m. on July 15, 2018. In light of the aforementioned 
hazards, the COTP has determined that a special local regulation is 
necessary to protect

[[Page 30861]]

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 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. until 12:30 p.m. on July 15, 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

[[Page 30862]]

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 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.T09-0626 to read as follows:


Sec.  100.T09-0626   Special Local Regulation; Wyandotte Invites, 
Detroit River, Trenton Channel, Wyandotte, MI.

    (a) Regulated areas. The following regulated area is established as 
a special local regulation: 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 date. The regulated area described in paragraph (a) 
will be enforced from 8 a.m. until 12:30 p.m. on July 15, 2018.
    (c) Regulations. (1) Vessels transiting through the regulated area 
are to maintain the minimum speeds for safe navigation.
    (2) Vessel operators desiring to enter, transit through, anchoring 
in, remaining in, or operate within the regulated area must contact the 
CTOP Detroit or his designated representative to obtain permission to 
do so. The COTP Detroit or his designated 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.
    (d) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port (COTP) Detroit in the enforcement of the regulated 
areas.

    Dated: June 27, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-14173 Filed 6-29-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             30860                  Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations

                                             evidence warrants a new review by a                       readmitted) to and is in good standing                 II. Background Information and
                                             hearing officer or whether the Appeals                    with the court, bar, Federal program or                Regulatory History
                                             Council will consider the additional                      agency, or other governmental or                          The Coast Guard is issuing this
                                             evidence as part of its review of the                     professional licensing authority from                  temporary rule without prior notice and
                                             case.                                                     which he or she had been disbarred,                    opportunity to comment pursuant to
                                               (c) Individual charged did not file an                  suspended, or removed from practice.                   authority under section 4(a) of the
                                             answer. If the representative did not file                *      *     *   *      *                              Administrative Procedure Act (APA) (5
                                             an answer to the charges, the                               (f) If the Appeals Council decides not               U.S.C. 553(b)). This provision
                                             representative may not introduce                          to grant the request, it will not consider             authorizes an agency to issue a rule
                                             evidence that was not considered at the                   another request before the end of 3 years              without prior notice and opportunity to
                                             hearing.                                                  from the date of the notice of the                     comment when the agency for good
                                             ■ 23. Amend § 416.1590 by revising                        previous denial.                                       cause finds that those procedures are
                                             paragraph (a) and adding paragraph (f)                    [FR Doc. 2018–13989 Filed 6–29–18; 8:45 am]            ‘‘impracticable, unnecessary, or contrary
                                             to read as follows:                                       BILLING CODE 4191–02–P                                 to the public interest.’’ Under 5 U.S.C.
                                             § 416.1590       Appeals Council’s decision.
                                                                                                                                                              553(b)(B), the Coast Guard finds that
                                                                                                                                                              good cause exists for not publishing a
                                                (a) The Appeals Council will base its                  DEPARTMENT OF HOMELAND                                 notice of proposed rulemaking (NPRM)
                                             decision upon the evidence in the                         SECURITY                                               with respect to this rule because doing
                                             hearing record and any other evidence                                                                            so would be impracticable. The Coast
                                             it may permit on review. The Appeals                      Coast Guard                                            Guard just recently received the final
                                             Council will affirm the hearing officer’s                                                                        details of this rowing event, Wyandotte
                                             decision if the action, findings, and                     33 CFR Part 100                                        Invites, which does not provide
                                             conclusions are supported by                                                                                     sufficient time to publish an NPRM
                                                                                                       [Docket No. USCG–2018–0626]
                                             substantial evidence. If the hearing                                                                             prior to the event. Thus, delaying the
                                             officer’s decision is not supported by                    RIN 1625–AA08
                                                                                                                                                              effective date of this rule to wait for a
                                             substantial evidence, the Appeals                                                                                comment period to run would be
                                             Council will either:                                      Special Local Regulation; Wyandotte
                                                                                                       Invites, Detroit River, Trenton Channel,               contrary to public interest because it
                                                (1) Reverse or modify the hearing                                                                             would inhibit the Coast Guard’s ability
                                             officer’s decision; or                                    Wyandotte, MI
                                                                                                                                                              to protect participants, mariners and
                                                (2) Return a case to the hearing officer               AGENCY:    Coast Guard, DHS.                           vessels from the hazards associated with
                                             for further proceedings.                                                                                         this event. It is impracticable to publish
                                                                                                       ACTION:   Temporary final rule.
                                             *      *    *     *     *                                                                                        an NPRM because we lack sufficient
                                                (f) The Appeals Council may                            SUMMARY:    The Coast Guard is                         time to provide a reasonable comment
                                             designate and publish certain final                       establishing a special local regulation                period and then consider those
                                             decisions as precedent for other actions                  for certain navigable waters of the                    comments before issuing this rule.
                                             brought under its representative                          Detroit River, Trenton Channel,                           Under 5 U.S.C. 553(d)(3), the Coast
                                             conduct provisions. Prior to making a                     Wyandotte, MI. This action is necessary                Guard finds that good cause exists for
                                             decision public, we will remove or                        and is intended to ensure safety of life               making this rule effective less than 30
                                             redact personally identifiable                            on navigable waters immediately prior                  days after publication in the Federal
                                             information from the decision.                            to, during, and immediately after the                  Register. Delaying the effective date of
                                             ■ 24. Amend § 416.1599 by revising                        Wyandotte Invites event.                               this rule would inhibit the Coast
                                             paragraphs (a), (d)(2), and (f) to read as                DATES: This temporary final rule is                    Guard’s ability to protect participants,
                                             follows:                                                  effective from 8 a.m. until 12:30 p.m. on              mariners and vessels from the hazards
                                                                                                       July 15, 2018.                                         associated with this event.
                                             § 416.1599 Reinstatement after
                                             suspension or disqualification—period of                  ADDRESSES: To view documents                           III. Legal Authority and Need for Rule
                                             suspension not expired.                                   mentioned in this preamble as being
                                                                                                       available in the docket, go to http://                   The Coast Guard is issuing this rule
                                               (a) After more than one year has                                                                               under authority in 33 U.S.C. 1233. The
                                                                                                       www.regulations.gov, type USCG–2018–
                                             passed, a person who has been                                                                                    Captain of the Port Detroit (COTP) has
                                                                                                       0626 in the ‘‘SEARCH’’ box and click
                                             suspended or disqualified may ask the                                                                            determined that the likely combination
                                                                                                       ‘‘SEARCH.’’ Click on Open Docket
                                             Appeals Council for permission to serve                                                                          of recreation vessels, commercial
                                                                                                       Folder on the line associated with this
                                             as a representative again. The Appeals                                                                           vessels, and an unknown number of
                                                                                                       rule.
                                             Council will assign and process a                                                                                spectators in close proximity to a youth
                                             request for reinstatement using the same                  FOR FURTHER INFORMATION CONTACT: If
                                                                                                       you have questions on this temporary                   rowing regatta along the water pose
                                             general procedures described in                                                                                  extra and unusual hazards to public
                                             § 416.1576.                                               rule, call or email Tracy Girard,
                                                                                                       Prevention Department, Sector Detroit,                 safety and property. Therefore, the
                                             *     *      *    *     *                                                                                        COTP is establishing a special local
                                                                                                       Coast Guard; telephone 313–568–9564,
                                               (d) * * *                                                                                                      regulation around the event location to
                                                                                                       or email Tracy.M.Girard@uscg.mil.
                                               (2) If a person was disqualified                                                                               help minimize risks to safety of life and
                                             because he or she had been disbarred,                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                              property during this event.
                                             suspended, or removed from practice for                   I. Table of Abbreviations
                                             the reasons described in § 416.1545(d)                                                                           IV. Discussion of the Rule
daltland on DSKBBV9HB2PROD with RULES




                                             through (f), the Appeals Council will                     CFR Code of Federal Regulations                          This rule establishes a temporary
                                                                                                       DHS Department of Homeland Security
                                             grant a request for reinstatement as a                    FR Federal Register
                                                                                                                                                              special local regulation from 8 a.m. until
                                             representative only if the criterion in                   NPRM Notice of Proposed Rulemaking                     12:30 p.m. on July 15, 2018. In light of
                                             paragraph (d)(1) of this section is met                   § Section                                              the aforementioned hazards, the COTP
                                             and the disqualified person shows that                    COTP Captain of the Port                               has determined that a special local
                                             he or she has been admitted (or                           U.S.C. United States Code                              regulation is necessary to protect


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                                                                  Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations                                          30861

                                             spectators, vessels, and participants.                  Guard will issue Broadcast Notice to                   D. Federalism and Indian Tribal
                                             The special local regulation will                       Mariners via VHF–FM marine channel                     Governments
                                             encompass the following waterway: All                   16 about the special local regulation and                 A rule has implications for federalism
                                             waters of the Detroit River, Trenton                    the rule allows vessels to seek                        under Executive Order 13132,
                                             Channel between the following two                       permission to enter the area.                          Federalism, if it has a substantial direct
                                             lines going from bank-to-bank: The first                                                                       effect on the States, on the relationship
                                             line is drawn directly across the channel               B. Impact on Small Entities
                                                                                                                                                            between the national government and
                                             from position 42°11.0′ N, 083°09.4′ W
                                                                                                        The Regulatory Flexibility Act of                   the States, or on the distribution of
                                             (NAD 83); the second line, to the north,
                                                                                                     1980, 5 U.S.C. 601–612, as amended,                    power and responsibilities among the
                                             is drawn directly across the channel
                                                                                                     requires Federal agencies to consider                  various levels of government. We have
                                             from position 42°11.7′ N, 083°08.9′ W
                                                                                                     the potential impact of regulations on                 analyzed this rule under that Order and
                                             (NAD 83).
                                                An on-scene representative of the                    small entities during rulemaking. The                  have determined that it is consistent
                                             COTP may permit vessels to transit the                  term ‘‘small entities’’ comprises small                with the fundamental federalism
                                             area when no race activity is occurring.                businesses, not-for-profit organizations               principles and preemption requirements
                                             The on-scene representative may be                      that are independently owned and                       described in Executive Order 13132.
                                             present on any Coast Guard, state, or                   operated and are not dominant in their                    Also, this rule does not have tribal
                                             local law enforcement vessel assigned to                fields, and governmental jurisdictions                 implications under Executive Order
                                             patrol the event. Vessel operators                      with populations of less than 50,000.                  13175, Consultation and Coordination
                                             desiring to transit through the regulated               The Coast Guard certifies under 5 U.S.C.               with Indian Tribal Governments,
                                             area must contact the Coast Guard Patrol                605(b) that this rule will not have a                  because it does not have a substantial
                                             Commander to obtain permission to do                    significant economic impact on a                       direct effect on one or more Indian
                                             so. The COTP or his designated on-                      substantial number of small entities.                  tribes, on the relationship between the
                                             scene representative may be contacted                                                                          Federal Government and Indian tribes,
                                                                                                        While some owners or operators of                   or on the distribution of power and
                                             via VHF Channel 16 or at 313–568–                       vessels intending to transit the special
                                             9560.                                                                                                          responsibilities between the Federal
                                                                                                     local regulation may be small entities,                Government and Indian tribes. If you
                                                The COTP or his designated on-scene
                                             representative will notify the public of                for the reasons stated in section V.A                  believe this rule has implications for
                                             the enforcement of this rule by all                     above, this rule will not have a                       federalism or Indian tribes, please
                                             appropriate means, including a                          significant economic impact on any                     contact the person listed in the FOR
                                             Broadcast Notice to Mariners and Local                  vessel owner or operator.                              FURTHER INFORMATION CONTACT section
                                             Notice to Mariners.                                        Under section 213(a) of the Small                   above.
                                                                                                     Business Regulatory Enforcement                        E. Unfunded Mandates Reform Act
                                             V. Regulatory Analyses
                                                                                                     Fairness Act of 1996 (Pub. L. 104–121),
                                               We developed this rule after                          we want to assist small entities in                      The Unfunded Mandates Reform Act
                                             considering numerous statutes and                                                                              of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                     understanding this rule. If the rule
                                             Executive orders related to rulemaking.                                                                        Federal agencies to assess the effects of
                                                                                                     would affect your small business,
                                             Below we summarize our analyses                                                                                their discretionary regulatory actions. In
                                                                                                     organization, or governmental
                                             based on a number of these statutes and                                                                        particular, the Act addresses actions
                                                                                                     jurisdiction and you have questions                    that may result in the expenditure by a
                                             Executive orders, and we discuss First                  concerning its provisions or options for
                                             Amendment rights of protestors.                                                                                State, local, or tribal government, in the
                                                                                                     compliance, please contact the person                  aggregate, or by the private sector of
                                             A. Regulatory Planning and Review                       listed in the FOR FURTHER INFORMATION                  $100,000,000 (adjusted for inflation) or
                                                Executive Orders 12866 and 13563                     CONTACT section.                                       more in any one year. Though this rule
                                             direct agencies to assess the costs and                    Small businesses may send comments                  will not result in such an expenditure,
                                             benefits of available regulatory                        on the actions of Federal employees                    we do discuss the effects of this rule
                                             alternatives and, if regulation is                      who enforce, or otherwise determine                    elsewhere in this preamble.
                                             necessary, to select regulatory                         compliance with, Federal regulations to                F. Environment
                                             approaches that maximize net benefits.                  the Small Business and Agriculture
                                             Executive Order 13771 directs agencies                  Regulatory Enforcement Ombudsman                          We have analyzed this rule under
                                             to control regulatory costs through a                   and the Regional Small Business                        Department of Homeland Security
                                             budgeting process. This rule has not                    Regulatory Fairness Boards. The                        Directive 023–01 and Commandant
                                             been designated a ‘‘significant                         Ombudsman evaluates these actions                      Instruction M16475.1D, which guide the
                                             regulatory action,’’ under Executive                    annually and rates each agency’s                       Coast Guard in complying with the
                                             Order 12866. Accordingly, this rule has                 responsiveness to small business. If you               National Environmental Policy Act of
                                             not been reviewed by the Office of                      wish to comment on actions by                          1969 (42 U.S.C. 4321–4370f), and have
                                             Management and Budget (OMB), and                                                                               determined that this action is one of a
                                                                                                     employees of the Coast Guard, call 1–
                                             pursuant to OMB guidance it is exempt                                                                          category of actions that do not
                                                                                                     888–REG–FAIR (1–888–734–3247). The
                                             from the requirements of Executive                                                                             individually or cumulatively have a
                                                                                                     Coast Guard will not retaliate against
                                             Order 13771.                                                                                                   significant effect on the human
                                                This regulatory action determination                 small entities that question or complain               environment. This rule involves a
                                             is based on the size, location, duration,               about this rule or any policy or action                special local regulation lasting less than
                                             and time-of-year of the special local                   of the Coast Guard.                                    five hours that will prohibit entry into
daltland on DSKBBV9HB2PROD with RULES




                                             regulation. Vessel traffic will be able to              C. Collection of Information                           a designated area. It is categorically
                                             safely transit around this special local                                                                       excluded from further review under
                                             regulation zone which will impact a                       This rule will not call for a new                    paragraph L[61] of Appendix A, Table 1
                                             small designated area of the Detroit                    collection of information under the                    of DHS Instruction Manual 023–01–
                                             River from 8 a.m. until 12:30 p.m. on                   Paperwork Reduction Act of 1995 (44                    001–01, Rev. 01. A Record of
                                             July 15, 2018. Moreover, the Coast                      U.S.C. 3501–3520).                                     Environmental Consideration


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                                             30862                Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations

                                             supporting this determination is                          (d) Definition. The term ‘‘designated                SUPPLEMENTARY INFORMATION:      The Coast
                                             available in the docket where indicated                 representative’’ means Coast Guard                     Guard will enforce a segment of the
                                             under ADDRESSES.                                        Patrol Commanders, including Coast                     Safety Zone: Brandon Road Lock and
                                                                                                     Guard coxswains, petty officers, and                   Dam to Lake Michigan including Des
                                             G. Protest Activities
                                                                                                     other officers operating Coast Guard                   Plaines River, Chicago Sanitary and
                                               The Coast Guard respects the First                    vessels, and Federal, state, and local                 Ship Canal, Chicago River, Calumet-
                                             Amendment rights of protesters.                         officers designated by or assisting the                Saganashkee Channel, Chicago, IL,
                                             Protesters are asked to contact the                     Captain of the Port (COTP) Detroit in the              listed in 33 CFR 165.930. Specifically,
                                             person listed in the FOR FURTHER                        enforcement of the regulated areas.                    the Coast Guard will enforce this safety
                                             INFORMATION CONTACT section to                            Dated: June 27, 2018.                                zone on all waters of the Des Plaines
                                             coordinate protest activities so that your              Jeffrey W. Novak,                                      River between the McDonough Street
                                             message can be received without
                                                                                                     Captain, U.S. Coast Guard, Captain of the              Bridge and Cass Street Bridge in Joliet,
                                             jeopardizing the safety or security of                  Port Detroit.                                          Illinois. Enforcement will occur from
                                             people, places or vessels.
                                                                                                     [FR Doc. 2018–14173 Filed 6–29–18; 8:45 am]            9:15 p.m. to 10 p.m. on July 3, 2018.
                                             List of Subjects in 33 CFR Part 100                     BILLING CODE 9110–04–P                                 Entry into, transiting, or anchoring
                                               Marine safety, Navigation (water),                                                                           within the safety zone is prohibited
                                             Reporting and recordkeeping                                                                                    unless authorized by the Captain of the
                                                                                                     DEPARTMENT OF HOMELAND                                 Port Lake Michigan or a designated on-
                                             requirements, Waterways.
                                                                                                     SECURITY                                               scene representative. Vessels and
                                               For the reasons discussed in the
                                             preamble, the Coast Guard amends 33                                                                            persons granted permission to enter the
                                                                                                     Coast Guard
                                             CFR part 100 as follows:                                                                                       safety zone shall obey all lawful orders
                                                                                                     33 CFR Part 165                                        or directions of the Captain of the Port
                                             PART 100—SAFETY OF LIFE ON                                                                                     Lake Michigan, or his or her on-scene
                                             NAVIGABLE WATERS                                                                                               representative.
                                                                                                     [Docket No. USCG–2018–0485]
                                                                                                                                                               This notice of enforcement is issued
                                             ■ 1. The authority citation for part 100                Safety Zone; Brandon Road Lock and                     under the authority of 33 CFR 165.930
                                             continues to read as follows:                           Dam to Lake Michigan Including Des                     and 5 U.S.C. 552(a). In addition to this
                                                 Authority: 33 U.S.C. 1233.                          Plaines River, Chicago Sanitary and                    publication in the Federal Register, the
                                             ■ 2. Add § 100.T09–0626 to read as                      Ship Canal, Chicago River, and                         Coast Guard will provide the maritime
                                             follows:                                                Calumet-Saganashkee Channel,                           community with advance notification of
                                                                                                     Chicago, IL                                            this safety zone via Broadcast Notice to
                                             § 100.T09–0626 Special Local Regulation;
                                             Wyandotte Invites, Detroit River, Trenton               AGENCY:  Coast Guard, DHS.                             Mariners and Local Notice to Mariners.
                                             Channel, Wyandotte, MI.                                                                                        Additionally, the Captain of the Port
                                                                                                     ACTION: Notice of enforcement of
                                                (a) Regulated areas. The following                                                                          Lake Michigan may notify
                                                                                                     regulation.
                                             regulated area is established as a special                                                                     representatives from the maritime
                                             local regulation: All waters of the                     SUMMARY:   The Coast Guard will enforce                industry through telephonic
                                             Detroit River, Trenton Channel between                  a segment of the Safety Zone: Brandon                  notifications, email notifications, or by
                                             the following two lines going from bank-                Road Lock and Dam to Lake Michigan                     direct communication from on scene
                                             to-bank: the first line is drawn directly               including Des Plaines River, Chicago                   patrol commanders. If the Captain of the
                                             across the channel from position                        Sanitary and Ship Canal, Chicago River,                Port or a designated representative
                                             42°11.0′ N, 083°09.4′ W (NAD 83); the                   Calumet-Saganashkee Channel on all                     determines that the regulated area need
                                             second line, to the north, is drawn                     waters of the Des Plaines River between                not be enforced for the full duration
                                             directly across the channel from                        the McDonough Street Bridge and Cass                   stated in this notice, he or she may grant
                                             position 42°11.7′ N, 083°08.9′ W (NAD                   Street Bridge in Joliet, Illinois on July 3,           general permission to enter the
                                             83).                                                    2018. This action is necessary and                     regulated area via Broadcast Notice to
                                                (b) Enforcement date. The regulated                  intended to protect mariners and ensure                Mariners. The Captain of the Port Lake
                                             area described in paragraph (a) will be                 the safety of life from the hazards                    Michigan or a designated on-scene
                                             enforced from 8 a.m. until 12:30 p.m. on                associated with a shore based fireworks                representative may be contacted via
                                             July 15, 2018.                                          show. During the enforcement period                    Channel 16, VHF–FM or at (414) 747–
                                                (c) Regulations. (1) Vessels transiting              listed below, entry into, transiting, or
                                                                                                                                                            7182.
                                             through the regulated area are to                       anchoring within the safety zone is
                                                                                                     prohibited unless authorized by the                      Dated: June 18, 2018.
                                             maintain the minimum speeds for safe
                                             navigation.                                             Captain of the Port Lake Michigan or a                 Thomas J. Stuhlreyer,
                                                (2) Vessel operators desiring to enter,              designated representative.                             Captain, U.S. Coast Guard, Captain of the
                                             transit through, anchoring in, remaining                DATES: The regulations in 33 Code of                   Port Lake Michigan.
                                             in, or operate within the regulated area                Federal Regulations (CFR) 165.930 will                 [FR Doc. 2018–14190 Filed 6–29–18; 8:45 am]
                                             must contact the CTOP Detroit or his                    be enforced from 9:15 p.m. to 10 p.m.                  BILLING CODE 9110–04–P
                                             designated representative to obtain                     on July 3, 2018.
                                             permission to do so. The COTP Detroit                   FOR FURTHER INFORMATION CONTACT: If
                                             or his designated representative may be                 you have questions about this notice of
daltland on DSKBBV9HB2PROD with RULES




                                             contacted via VHF Channel 16 or at                      enforcement, call or email LT John
                                             313–568–9560. Vessel operators given                    Ramos, Waterways Management
                                             permission to operate within the                        Division, Marine Safety Unit Chicago,
                                             regulated area must comply with all                     telephone 630–986–2155, email address
                                             directions given to them by the COTP or                 D09-DG-MSUChicago-Waterways@
                                             his on-scene representative.                            uscg.mil.


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Document Created: 2018-06-30 00:18:28
Document Modified: 2018-06-30 00:18:28
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 8 a.m. until 12:30 p.m. on July 15, 2018.
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 Citation83 FR 30860 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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