83 FR 52333 - Special Local Regulations; Marine Events in the Coast Guard Sector Detroit Captain of the Port Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 201 (October 17, 2018)
Coast Guard
Federal Register Volume 83, Issue 201 (October 17, 2018)
| Page Range | 52333-52336 | |
| FR Document | 2018-22517 |
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)] [Proposed Rules] [Pages 52333-52336] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22517] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Proposed Rules [[Page 52333]] DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0929] RIN 1625-AA08 Special Local Regulations; Marine Events in the Coast Guard Sector Detroit Captain of the Port Zone AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: This proposed rule is intended to amend the rules that regulate vessel traffic and control navigation of portions of waterways during events that pose a hazard to public safety. This rule, if adopted, would add six new reoccurring special local regulations, remove six special local regulations, and amend the event, dates, and/ or regulated areas for the 15 recurring special local regulations that will be listed in a table. The permanent special local regulations established by this proposed rule are necessary to protect spectators, participants, and vessels from the hazards associated with the varying types of marine events. This proposed rulemaking would restrict vessel traffic in the designated areas during the events unless authorized by the Captain of the Port Detroit or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before November 16, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2018-0929 using the Federal eRulemaking portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone (313) 568-9564, 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 U.S.C. United States Code COTP Captain of the Port II. Background, Purpose, and Legal Basis Marine events are held on a recurring basis on the navigable waters within the Coast Guard Sector Detroit COTP Zone. In past history, the Coast Guard established special local regulations for these recurring event. These events have been submitted annually to ensure the protection of the maritime public and event participants from the hazards associated with these events. The Coast Guard has never received public comments or concerns regarding the impact to waterway traffic from these annually reoccurring events. This proposed rule would consistently apprise the public in a timely manner through permanent publication in Title 33 of the Code of Federal Regulations. The table in this proposed rule would list each annual recurring event requiring a special local regulated area as administered by the Coast Guard. By establishing permanent regulations containing these events, the Coast Guard would eliminate the need to establish temporary rules for events that occur on an annual basis and thereby limit the costs associated with cumulative regulations. This rulemaking would remove, add, and consolidate regulations to better meet the Coast Guard's intended purpose of ensuring safety during these events. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1233. III. Discussion of Proposed Rule The purpose of this rulemaking is to combine all of the Captain of the Port Detroit Zone's special local regulations from 33 CFR 100.911 through Sec. 100.928, into one table under Sec. 100.911. This table will ensure accuracy of times, dates, and dimensions for various marine events that are expected to be conducted within the Captain of the Port Detroit Zone throughout the year. We also propose to remove Sec. [thinsp]100.911, Sec. 100.912, Sec. 100.913, Sec. 100.914, Sec. 100.915, Sec. 100.916, Sec. 100.917, Sec. 100.918, Sec. 100.919, Sec. 100.920 Sec. 100.921, Sec. 100.927, Sec. 100.928 replacing these regulations with a table. In addition, we propose to add three rowing events, two swim events, and a water ski show to the table. As large numbers of spectator vessels and marine traffic are expected to congregate around the event location, the regulated areas are needed to protect both spectators and participants from the safety hazards associated with the event. During the enforcement period of the regulated areas, persons and vessels would be prohibited from entering, transiting through, remaining, anchoring or mooring within the zone unless specifically authorized by the COTP or the designated representative. The Coast Guard may be assisted by other Federal, State and local agencies in the enforcement of these regulated areas. These events are listed below in the text of the regulation. IV. Regulatory Analyses We developed this proposed 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 NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 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. The Coast Guard has previously promulgated special local regulations or safety zones, in 33 CFR part 100, for all event areas contained within this [[Page 52334]] proposed regulation and has not received notice of any negative impact caused by any of the special local regulations. By establishing a permanent regulation containing all of these events, the Coast Guard will eliminate the need to establish individual temporary rules for each separate event that occurs on an annual basis, thereby limiting the costs of cumulative regulations. 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 proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated areas may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves regulated areas for swim events and other marine events. Normally such actions are categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and record keeping requirements, Waterways. [[Page 52335]] For the reasons discussed in the preamble, the Coast Guard proposes to amend 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. Revise Sec. 100.911 to read as follows: Sec. 100.911 Special Local Regulations; Marine Events in the Coast Guard Sector Detroit Captain of the Port Zone. (a) General. The following regulations apply to the marine events listed in Table 1 to Sec. 100.911, along with the requirements of Sec. 100.901. These regulations will be enforced for the duration of each event, on or about the dates indicated. Annual notice of the exact dates and times of the effective period of the regulations with respect to each event, the geographical area, and details concerning of the event will be made by publication in the Federal Register via a Notice of Enforcement, published in a Local Notices to Mariners, and broadcast over VHF-FM radio. Although listed in the Code of Federal Regulations, sponsors of events listed in the table to Sec. 100.911 are still required to submit marine event applications in accordance with Sec. 100.15. (b) Special local regulations. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Vessel operators desiring to enter or operate within the regulated area shall contact the Coast Guard Patrol Commander to obtain permission to do so. Vessel operators given permission to enter or operate within the regulated area must comply with all directions given to them by the Coast Guard Patrol Commander. (d) All geographic coordinates in Table 1 to Sec. 100.911 are North American Datum of 1983 (NAD 83). Table 1 to Sec. 100.911 ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- COTP Zone Detroit ---------------------------------------------------------------------------------------------------------------- Event Sector Detroit Special Local Regulations.. Date ---------------------------------------------------------------------------------------------------------------- (a) Hebda Cup Rowing Regatta Rowing All waters of the Detroit River, Trenton Two days in April or May. Event Wyandotte, MI. Channel between the following two lines going from bank-to-bank: The first line is drawn directly across the channel from position 42[deg]10.98' N, 083[deg]09.29' W; the second line, to the north, is drawn directly across the channel from position 42[deg]11.7' N, 083[deg]08.9' W. (b) Wy-Hi Rowing Regatta Rowing Event-- All waters of the Detroit River, Trenton Two days in April or May. Wyandotte, MI. Channel between the following two lines going from bank-to-bank: The first line is drawn directly across the channel from position 42[deg]10.98' N, 083[deg]09.29' W; the second line, to the north, is drawn directly across the channel from position 42[deg]11.7' N, 083[deg]08.9' W. (c) Wyandotte Rowing Regatta Wyandotte, All waters of the Detroit River, Trenton Two days in April or May. MI. Channel between the following two lines going from bank-to-bank: The first line is drawn directly across the channel from position 42[deg]10.98' N, 083[deg]09.29' W; the second line, to the north, is drawn directly across the channel from position 42[deg]11.7' N, 083[deg]08.9' W. (d) Motor City Mile Swimming Event All waters of the Detroit River, Belle One day in June or July. Detroit, MI. Isle Beach between the following two lines: The first line is drawn directly across the channel from position 42[deg]20.517' N, 082[deg]59.159' W to 42[deg]20.705' N, 082[deg]59.233' W; the second line, to the north, is drawn directly across the channel from position 42[deg]20.754' N, 082[deg]58.681' W to 42[deg]20.843' N, 082[deg]58.792' W. (e) Wyandotte Invites Rowing Event All waters of the Detroit River, Trenton One day in July or August. Wyandotte, MI. Channel between the following two lines going from bank-to-bank: The first line is drawn directly across the channel from position 42[deg]10.98' N, 083[deg]09.29' W; the second line, to the north, is drawn directly across the channel from position 42[deg]11.7' N, 083[deg]08.9' W. (f) Roar on the River Powerboat Race All U.S. waters of the Trenton Channel Three consecutive days in Trenton, MI. bounded by an east/west line starting at July or August. a point on land at the northern end of Elizabeth Park in Trenton, MI, located at position 42[deg]8.2' N; 083[deg]10.6' W, extending east to a point near the center of the Trenton Channel at position 42[deg]8.2' N; 083[deg]10.4' W, extending South to the Grosse Ile Parkway Bridge located at position 42[deg]7.7' N; 083[deg]10.5' W, west to the shore. (g) St. Clair River Classic Power Boat All U.S. waters of the St. Clair River One weekend in July or Race St. Clair, MI. bounded by latitude 42[deg]50.5' N to the August. north and latitude 42[deg]48.5' N to the south; the shoreline of the St. Clair River on the west; and the international boundary line on the east. (h) Marine City Water Ski Show Marine All U.S. waters of the St. Clair River 200 One day at the end of July City, MI. feet seaward of latitude position or beginning of August. 42[deg]43.382' N, and to the south by 2,000 feet to 200 feet seaward of latitude position 42[deg]42.983' N. (i) Detroit Hydrofest Power Boat Race All U.S. waters of the Detroit River in Three consecutive days in Detroit, MI. Scott Middle Ground, north of Belle Isle, August or September. Michigan, starting at positions 42[deg]20.506' N, 083[deg]00.016' W, on the Douglas MacArthur Bridge; extending east to the Belle Isle Crib Light at 42[deg]21.205' N, 082[deg]57.996' W. (j) Bay City Grand Prix Powerboat Races All waters of the Saginaw River bounded on One weekend at the end of Bay City, MI. the north by the Liberty Bridge, located June or beginning of at 43[deg]36.3' N, 083[deg]53.4' W, and July. bounded on the south by the Veterans Memorial Bridge, located at 43[deg]35.8' N, 083[deg]53.6' W. (k) Tug Across the River Detroit, MI.... All U.S. waters of the Detroit River, One day in June or July. Detroit, Michigan, bounded on the south by the International boundary, on the west by 083[deg]03' W, on the east by 083[deg]02' W, and on the north by the U.S. shoreline. This position is located on the Detroit River in front of Hart Plaza, Detroit, MI. [[Page 52336]] (l) Michigan Championships Swimming All waters of the Detroit River and Belle One day in August or Event Detroit, MI. Isle Beach between the following two September. lines: The first line is drawn directly across the channel from position 42[deg]20.517' N, 082[deg]59.159' W to 42[deg]20.705' N, 082[deg]59.233' W; the second line, to the north, is drawn directly across the channel from position 42[deg]20.754' N, 082[deg]58.681' W to 42[deg]20.997' N, 082[deg]58.846' W. (m) Bay City Tall Ships Parade of Sail All waters throughout the federal Tri-annually in July. Bay City, MI. navigational channel of Saginaw Bay from Light Buoy 11 at position 43[deg]43.90' N, 083[deg]46.87' W and Light 12 at position 43[deg]43.93' N, 083[deg]46.95' W to the Saginaw River, and on all waters of the Saginaw River from its mouth to the Veterans Memorial Bridge in Bay City, MI at position 43[deg]35.77' N, 083[deg]53.60' W. ---------------------------------------------------------------------------------------------------------------- Event Marine Safety Unit Toledo Special Local Date Regulations. ---------------------------------------------------------------------------------------------------------------- (n) Frogtown Race Regatta Toledo, OH.... All waters of the Maumee River, Toledo, One day in September. OH, from the Martin Luther King Jr. Memorial Bridge at River Mile 4.30 to the Michael DiSalle Bridge at River Mile 6.73. (o) Dragon Boat Learning Festival All waters of the Maumee River in Toledo, One day in June or July. Toledo, OH. OH between the Martin Luther King Jr. Memorial Bridge at river mile 4.30 and a line extending from a point at position 41[deg]38.78' N, 083[deg]31.84' W at International Park straight across the river to shore near the mouth of Swan Creek at position 41[deg]38.79' N, 083[deg]32.03' W. ---------------------------------------------------------------------------------------------------------------- Sec. Sec. 100.912 through 100.921, 100.927, and 100.928 [Removed] 0 3. Remove Sec. Sec. 100.912, 100.913, 100.914, 100.915, 100.916, 100.917, 100.918, 100.919, 100.920, 100.921, 100.927, and 100.928. Dated: October 11, 2018. Jeffrey W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2018-22517 Filed 10-16-18; 8:45 am] BILLING CODE 9110-04-P
![52333
Proposed Rules Federal Register
Vol. 83, No. 201
Wednesday, October 17, 2018
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: If dates, and dimensions for various
contains notices to the public of the proposed you have questions about this proposed marine events that are expected to be
issuance of rules and regulations. The rulemaking, call or email Tracy Girard, conducted within the Captain of the
purpose of these notices is to give interested Prevention Department, Sector Detroit, Port Detroit Zone throughout the year.
persons an opportunity to participate in the Coast Guard; telephone (313) 568–9564, We also propose to remove § 100.911,
rule making prior to the adoption of the final
email Tracy.M.Girard@uscg.mil. § 100.912, § 100.913, § 100.914,
rules.
SUPPLEMENTARY INFORMATION: § 100.915, § 100.916, § 100.917,
§ 100.918, § 100.919, § 100.920
I. Table of Abbreviations § 100.921, § 100.927, § 100.928 replacing
DEPARTMENT OF HOMELAND
SECURITY CFR Code of Federal Regulations these regulations with a table. In
DHS Department of Homeland Security addition, we propose to add three
Coast Guard FR Federal Register rowing events, two swim events, and a
NPRM Notice of proposed rulemaking water ski show to the table.
§ Section As large numbers of spectator vessels
33 CFR Part 100 U.S.C. United States Code
COTP Captain of the Port
and marine traffic are expected to
[Docket Number USCG–2018–0929] congregate around the event location,
RIN 1625–AA08 II. Background, Purpose, and Legal the regulated areas are needed to protect
Basis both spectators and participants from
Special Local Regulations; Marine the safety hazards associated with the
Marine events are held on a recurring event. During the enforcement period of
Events in the Coast Guard Sector
basis on the navigable waters within the the regulated areas, persons and vessels
Detroit Captain of the Port Zone
Coast Guard Sector Detroit COTP Zone. would be prohibited from entering,
AGENCY: Coast Guard, DHS. In past history, the Coast Guard transiting through, remaining, anchoring
ACTION: Notice of proposed rulemaking. established special local regulations for or mooring within the zone unless
these recurring event. These events have specifically authorized by the COTP or
SUMMARY: This proposed rule is been submitted annually to ensure the the designated representative. The Coast
intended to amend the rules that protection of the maritime public and Guard may be assisted by other Federal,
regulate vessel traffic and control event participants from the hazards State and local agencies in the
navigation of portions of waterways associated with these events. The Coast enforcement of these regulated areas.
during events that pose a hazard to Guard has never received public These events are listed below in the text
public safety. This rule, if adopted, comments or concerns regarding the of the regulation.
would add six new reoccurring special impact to waterway traffic from these
local regulations, remove six special annually reoccurring events. IV. Regulatory Analyses
local regulations, and amend the event, This proposed rule would We developed this proposed rule after
dates, and/or regulated areas for the 15 consistently apprise the public in a considering numerous statutes and
recurring special local regulations that timely manner through permanent executive orders related to rulemaking.
will be listed in a table. The permanent publication in Title 33 of the Code of Below we summarize our analyses
special local regulations established by Federal Regulations. The table in this based on a number of these statutes and
this proposed rule are necessary to proposed rule would list each annual executive orders and we discuss First
protect spectators, participants, and recurring event requiring a special local Amendment rights of protestors.
vessels from the hazards associated with regulated area as administered by the
Coast Guard. A. Regulatory Planning and Review
the varying types of marine events. This
proposed rulemaking would restrict By establishing permanent regulations Executive Orders 12866 and 13563
vessel traffic in the designated areas containing these events, the Coast Guard direct agencies to assess the costs and
during the events unless authorized by would eliminate the need to establish benefits of available regulatory
the Captain of the Port Detroit or a temporary rules for events that occur on alternatives and, if regulation is
designated representative. We invite an annual basis and thereby limit the necessary, to select regulatory
your comments on this proposed costs associated with cumulative approaches that maximize net benefits.
rulemaking. regulations. This rulemaking would Executive Order 13771 directs agencies
remove, add, and consolidate to control regulatory costs through a
DATES: Comments and related material regulations to better meet the Coast budgeting process. This NPRM has not
must be received by the Coast Guard on Guard’s intended purpose of ensuring been designated a ‘‘significant
or before November 16, 2018. safety during these events. The Coast regulatory action,’’ under Executive
ADDRESSES: You may submit comments Guard proposes this rulemaking under Order 12866. Accordingly, the NPRM
identified by docket number USCG– authority in 33 U.S.C. 1233. has not been reviewed by the Office of
daltland on DSKBBV9HB2PROD with PROPOSALS
2018–0929 using the Federal Management and Budget (OMB), and
eRulemaking portal at http:// III. Discussion of Proposed Rule pursuant to OMB guidance it is exempt
www.regulations.gov. See the ‘‘Public The purpose of this rulemaking is to from the requirements of Executive
Participation and Request for combine all of the Captain of the Port Order 13771.
Comments’’ portion of the Detroit Zone’s special local regulations The Coast Guard has previously
SUPPLEMENTARY INFORMATION section for from 33 CFR 100.911 through § 100.928, promulgated special local regulations or
further instructions on submitting into one table under § 100.911. This safety zones, in 33 CFR part 100, for all
comments. table will ensure accuracy of times, event areas contained within this
VerDate Sep<11>2014 17:34 Oct 16, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\17OCP1.SGM 17OCP1](https://thefederalregister.org/doc/83_FR_52534/page/1.svg)
![52336 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Proposed Rules
TABLE 1 TO § 100.911—Continued
Event
(l) Michigan Championships All waters of the Detroit River and Belle Isle Beach between the following two lines: One day in August or Sep-
Swimming Event Detroit, The first line is drawn directly across the channel from position 42°20.517′ N, tember.
MI. 082°59.159′ W to 42°20.705′ N, 082°59.233′ W; the second line, to the north, is
drawn directly across the channel from position 42°20.754′ N, 082°58.681′ W to
42°20.997′ N, 082°58.846′ W.
(m) Bay City Tall Ships Pa- All waters throughout the federal navigational channel of Saginaw Bay from Light Tri-annually in July.
rade of Sail Bay City, MI. Buoy 11 at position 43°43.90′ N, 083°46.87′ W and Light 12 at position 43°43.93′
N, 083°46.95′ W to the Saginaw River, and on all waters of the Saginaw River
from its mouth to the Veterans Memorial Bridge in Bay City, MI at position
43°35.77′ N, 083°53.60′ W.
Event Marine Safety Unit Toledo Special Date
Local Regulations
(n) Frogtown Race Regatta All waters of the Maumee River, Toledo, OH, from the Martin Luther King Jr. Me- One day in September.
Toledo, OH. morial Bridge at River Mile 4.30 to the Michael DiSalle Bridge at River Mile 6.73.
(o) Dragon Boat Learning All waters of the Maumee River in Toledo, OH between the Martin Luther King Jr. One day in June or July.
Festival Toledo, OH. Memorial Bridge at river mile 4.30 and a line extending from a point at position
41°38.78′ N, 083°31.84′ W at International Park straight across the river to shore
near the mouth of Swan Creek at position 41°38.79′ N, 083°32.03′ W.
§§ 100.912 through 100.921, 100.927, and ADDRESSES: For reasons of government One of the most significant
100.928 [Removed] efficiency, the Copyright Office is using responsibilities assigned to the Office is
■ 3. Remove §§ 100.912, 100.913, the regulations.gov system for the the registration of copyright claims. The
100.914, 100.915, 100.916, 100.917, submission and posting of public Office’s registration services are vital to
100.918, 100.919, 100.920, 100.921, comments in this proceeding. All creators and users of creative works of
100.927, and 100.928. comments are therefore to be submitted all types, including large and small
Dated: October 11, 2018. electronically through regulations.gov. businesses, individuals, and non-profit
Specific instructions for submitting organizations. Copyright registration
Jeffrey W. Novak,
comments are available on the provides essential benefits for copyright
Captain, U.S. Coast Guard, Captain of the
Copyright Office website at https:// owners. Before bringing a lawsuit for
Port Detroit.
www.copyright.gov/rulemaking/reg- infringement of a U.S. work, registration
[FR Doc. 2018–22517 Filed 10–16–18; 8:45 am]
modernization. If electronic submission of the claim must be made in
BILLING CODE 9110–04–P accordance with the Copyright Act, or
of comments is not feasible due to lack
of access to a computer and/or the refused by the Office.2 A timely
internet, please contact the Office using registration constitutes prima facie
LIBRARY OF CONGRESS the contact information below for evidence of the validity of the copyright
special instructions. and the facts stated in the certificate of
Copyright Office FOR FURTHER INFORMATION CONTACT: registration.3 Additionally, copyright
Regan A. Smith, General Counsel and owners must obtain a timely registration
37 CFR Parts 201 and 202 Associate Register of Copyrights at to seek statutory damages and attorney’s
regans@copyright.gov; Robert J. Kasunic, fees in litigation.4 A registration also
[Docket No. 2018–9] creates a public record that includes key
Associate Register of Copyrights and
Director of Registration Policy and facts relating to the authorship and
Registration Modernization ownership of the work, as well as
Practice at rkas@copyright.gov; Erik
AGENCY: U.S. Copyright Office, Library Bertin, Deputy Director of Registration information about the work itself, such
of Congress. Policy and Practice at ebertin@ as title, year of creation, and date of
ACTION: Notification of inquiry. copyright.gov; Cindy Abramson, publication (if any). And an index of
Assistant General Counsel at ciab@
2 17 U.S.C. 411(a). The Supreme Court recently
SUMMARY: The U.S. Copyright Office is copyright.gov; or Jalyce Mangum at
granted certiorari to resolve a conflict among the
building a new registration system to jmang@copyright.gov. All can be circuits concerning the interpretation of section
meet the demands of the digital age. As reached by telephone by calling 202– 411(a), specifically, whether a copyright owner may
the Office develops a new technological 707–3000. commence an infringement suit after delivering the
infrastructure for this system, it is proper deposit, application, and fee to the
SUPPLEMENTARY INFORMATION: Copyright Office, but before the Register of
considering several legal and policy Copyrights has acted on the application for
changes to improve user experience, I. Background
registration. In the government’s view, the statute
increase Office efficiency, and decrease The U.S. Copyright Office (the requires the copyright owner to receive either a
daltland on DSKBBV9HB2PROD with PROPOSALS
processing times. The Office is seeking ‘‘Office’’) is statutorily responsible for registration or a refusal from the Copyright Office
before instituting suit. See Br. for the U.S. as
public comment to inform its decisions administering the nation’s copyright Amicus Curiae for Writ of Cert. at 12, Fourth Estate
on how to improve the regulations and laws pursuant to the Copyright Act.1 Pub. Ben. Corp. v. Wall-Street.com, LLC, 856 F.3d
practices related to the registration of 1338 (11th Cir. 2017), (No. 17–571), available at
copyright claims. 1 See 17 U.S.C. 701(a) (‘‘All administrative https://www.copyright.gov/rulings-filings/briefs/
functions and duties under this title . . . are the fourth-estate-pub-ben-corp-v-wall-street-com-138-s-
DATES: Written comments must be ct-720-2018.pdf.
responsibility of the Register of Copyrights as
received no later than 11:59 p.m. director of the Copyright Office of the Library of 3 17 U.S.C. 410(c).
Eastern Time on January 15, 2019. Congress.’’). 4 See 17 U.S.C. 412, 504, 505.
VerDate Sep<11>2014 17:34 Oct 16, 2018 Jkt 247001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\17OCP1.SGM 17OCP1](https://thefederalregister.org/doc/83_FR_52534/page/4.svg)
Document Created: 2018-10-17 01:48:07
Document Modified: 2018-10-17 01:48:07
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before November 16, 2018. | |
| Contact | If you have questions about this proposed rulemaking, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone (313) 568-9564, email [email protected] | |
| FR Citation | 83 FR 52333 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (Water); Reporting and Record Keeping Requirements and Waterways |
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