83 FR 32206 - Special Local Regulation; Marine City Water Ski Show, St. Clair River, Marine City, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 134 (July 12, 2018)

Page Range		32206-32207
FR Document		2018-14919

The Coast Guard is establishing a special local regulation for certain navigable waters of the St. Clair River, Marine City, MI. This action is necessary and is intended to ensure safety of life on navigable waters immediately prior to, during, and immediately after the Marine City Water Ski Show.

Federal Register, Volume 83 Issue 134 (Thursday, July 12, 2018)

[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Rules and Regulations]
[Pages 32206-32207]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14919]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0662]
RIN 1625-AA08


Special Local Regulation; Marine City Water Ski Show, St. Clair 
River, Marine City, 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 St. Clair River, Marine City, MI. This 
action is necessary and is intended to ensure safety of life on 
navigable waters immediately prior to, during, and immediately after 
the Marine City Water Ski Show.

DATES: This temporary final rule is effective from 1 p.m. though 5 p.m. 
on August 4, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0662 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 water ski 
show, 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 water ski show 
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 special local regulation from 1 p.m. though 
5 p.m. on August 4, 2018. The special local regulation will encompass 
all U.S. navigable waters of the St. Clair River, Marine City, MI, 
bound by: 200 feet seaward of latitude position 42[deg]43.382' N and 
200 feet seaward of latitude position 42[deg]42.983' N (NAD 83). The 
special local regulation will be enforced from 1 p.m. to 1:45 p.m. and 
from 4 p.m. to 4:45 p.m. on August 4, 2018. No vessel or person will be 
permitted to enter the special local regulation without obtaining 
permission from the COTP or his designated representative.

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 St. 
Clair River from 1 p.m. until 5 p.m. on August 4, 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

[[Page 32207]]

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 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 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; 33 CFR 1.05-1.


0
2. Add Sec.  100.T09-0662 to read as follows:


Sec.  100.T09-0662  Special Local Regulation; Marine City Water Ski 
Show, St. Clair River, Marine City, MI.

    (a) Regulated areas. The following regulated area is established to 
include all U.S. navigable waters of the St. Clair River, Marine City, 
MI, bound by: 200 feet seaward of latitude position 42[deg]43.382' N 
and 200 feet seaward of latitude position 42[deg]42.983' N (NAD 83).
    (b) Enforcement date. The regulated area described in paragraph (a) 
of this section will be in effect from 1 p.m. though 5 p.m. on August 
4, 2018. The special local regulation will be enforced from 1 p.m. to 
1:45 p.m. and from 4 p.m. to 4:45 p.m. on August 4, 2018.
    (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.

    Dated: July 5, 2018.
Kevin D. Floyd,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2018-14919 Filed 7-11-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 32207

significant economic impact on a because it does not have a substantial List of Subjects in 33 CFR Part 100
substantial number of small entities. direct effect on one or more Indian
Marine safety, Navigation (water),
While some owners or operators of tribes, on the relationship between the
Reporting and recordkeeping
vessels intending to transit the special Federal Government and Indian tribes, requirements, Waterways.
local regulation may be small entities, or on the distribution of power and
for the reasons stated in section V.A For the reasons discussed in the
responsibilities between the Federal
above, this rule will not have a preamble, the Coast Guard amends 33
Government and Indian tribes. If you
significant economic impact on any CFR part 100 as follows:
believe this rule has implications for
vessel owner or operator. federalism or Indian tribes, please PART 100—SAFETY OF LIFE ON
Under section 213(a) of the Small contact the person listed in the FOR NAVIGABLE WATERS
Business Regulatory Enforcement FURTHER INFORMATION CONTACT section
Fairness Act of 1996 (Pub. L. 104–121), above. ■ 1. The authority citation for part 100
we want to assist small entities in continues to read as follows:
understanding this rule. If the rule E. Unfunded Mandates Reform Act
would affect your small business, Authority: 33 U.S.C. 1233; 33 CFR 1.05–1.
organization, or governmental The Unfunded Mandates Reform Act
■ 2. Add § 100.T09–0662 to read as
jurisdiction and you have questions of 1995 (2 U.S.C. 1531–1538) requires
follows:
concerning its provisions or options for Federal agencies to assess the effects of
compliance, please contact the person their discretionary regulatory actions. In § 100.T09–0662 Special Local Regulation;
listed in the FOR FURTHER INFORMATION particular, the Act addresses actions Marine City Water Ski Show, St. Clair River,
that may result in the expenditure by a Marine City, MI.
CONTACT section.
Small businesses may send comments State, local, or tribal government, in the (a) Regulated areas. The following
on the actions of Federal employees aggregate, or by the private sector of regulated area is established to include
who enforce, or otherwise determine $100,000,000 (adjusted for inflation) or all U.S. navigable waters of the St. Clair
compliance with, Federal regulations to more in any one year. Though this rule River, Marine City, MI, bound by: 200
the Small Business and Agriculture will not result in such an expenditure, feet seaward of latitude position
Regulatory Enforcement Ombudsman we do discuss the effects of this rule 42°43.382′ N and 200 feet seaward of
and the Regional Small Business elsewhere in this preamble. latitude position 42°42.983′ N (NAD 83).
Regulatory Fairness Boards. The (b) Enforcement date. The regulated
F. Environment
Ombudsman evaluates these actions area described in paragraph (a) of this
annually and rates each agency’s We have analyzed this rule under section will be in effect from 1 p.m.
responsiveness to small business. If you Department of Homeland Security though 5 p.m. on August 4, 2018. The
wish to comment on actions by Directive 023–01 and Commandant special local regulation will be enforced
employees of the Coast Guard, call 1– Instruction M16475.1D, which guide the from 1 p.m. to 1:45 p.m. and from 4 p.m.
888–REG–FAIR (1–888–734–3247). The Coast Guard in complying with the to 4:45 p.m. on August 4, 2018.
Coast Guard will not retaliate against National Environmental Policy Act of (c) Special local regulations. (1)
small entities that question or complain 1969 (42 U.S.C. 4321–4370f), and have Vessels transiting through the regulated
about this rule or any policy or action determined that this action is one of a area are to maintain the minimum
of the Coast Guard. category of actions that do not speeds for safe navigation.
individually or cumulatively have a (2) Vessel operators desiring to
C. Collection of Information
significant effect on the human operate in the regulated area must
This rule will not call for a new environment. This rule involves a contact the Coast Guard Patrol
collection of information under the special local regulation lasting less than Commander to obtain permission to do
Paperwork Reduction Act of 1995 (44 four hours that will prohibit entry into so. The Captain of the Port Detroit
U.S.C. 3501–3520). a designated area. It is categorically (COTP) or his on-scene representative
D. Federalism and Indian Tribal excluded from further review under may be contacted via VHF Channel 16
Governments paragraph L[61] of Appendix A, Table 1 or at 313–568–9560. Vessel operators
of DHS Instruction Manual 023–01– given permission to operate within the
A rule has implications for federalism regulated area must comply with all
under Executive Order 13132, 001–01, Rev. 01. A Record of
Environmental Consideration directions given to them by the COTP or
Federalism, if it has a substantial direct his on-scene representative.
effect on the States, on the relationship supporting this determination is
available in the docket where indicated (3) The ‘‘on-scene representative’’ of
between the national government and the COTP Detroit is any Coast Guard
the States, or on the distribution of under ADDRESSES.
commissioned, warrant or petty officer
power and responsibilities among the G. Protest Activities or a Federal, State, or local law
various levels of government. We have enforcement officer designated by or
analyzed this rule under that Order and The Coast Guard respects the First assisting the Captain of the Port Detroit
have determined that it is consistent Amendment rights of protesters. to act on his behalf.
with the fundamental federalism Protesters are asked to contact the
principles and preemption requirements person listed in the FOR FURTHER Dated: July 5, 2018.
described in Executive Order 13132. INFORMATION CONTACT section to Kevin D. Floyd,
amozie on DSK3GDR082PROD with RULES

Also, this rule does not have tribal coordinate protest activities so that your Commander, U.S. Coast Guard, Acting
implications under Executive Order message can be received without Captain of the Port Detroit.
13175, Consultation and Coordination jeopardizing the safety or security of [FR Doc. 2018–14919 Filed 7–11–18; 8:45 am]
with Indian Tribal Governments, people, places or vessels. BILLING CODE 9110–04–P

VerDate Sep<11>2014 16:03 Jul 11, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1

Document Created: 2018-11-06 10:22:13
Document Modified: 2018-11-06 10:22:13

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 1 p.m. though 5 p.m. on August 4, 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 32206
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

83 FR 32206 - Special Local Regulation; Marine City Water Ski Show, St. Clair River, Marine City, MI

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 134 (July 12, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard