
[Federal Register: June 9, 2010 (Volume 75, Number 110)]
[Rules and Regulations]               
[Page 32661-32663]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn10-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0435]
RIN 1625-AA08

 
Special Local Regulation; Hydroplane Exhibition, Detroit River, 
Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will enforce a temporary special local 
regulation on the Detroit River, Detroit, Michigan from June 18, 2010 
to June 20, 2010. This special local regulation is intended to restrict 
vessels from portions of the Detroit River during the Hydroplane 
Exhibition. This special local regulation is necessary to protect 
spectators and vessels from the hazards associated with powerboat 
races.

DATES: This regulation is effective from 3 p.m. on June 18, 2010, to 5 
p.m. on June 20, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0435 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0435 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail CDR Joseph Snowden, Prevention 
Department, Sector Detroit, Coast Guard; telephone (313) 568-9508, e-
mail Joseph.H.Snowden@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final 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 the permit application for the 
Hydroplane Exhibition event was not received by the Coast Guard in time 
to publish an NPRM followed by a final rule before the effective date. 
Delaying this rule would be contrary to the public interest of ensuring 
the safety of vessels during the race, and immediate action is 
necessary to prevent possible loss of life and property. The Coast 
Guard has not received any complaints or negative comments previously 
with regard to events of this type and duration.
    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 this rule would be 
contrary to the public interest of ensuring the safety of vessels 
during the construction, and immediate action is necessary to prevent 
possible loss of life and property. The Coast Guard has not received 
any complaints or negative comments previously with regard to events of 
this type and duration.

Background and Purpose

    This temporary special local regulation is necessary to ensure the 
safety of vessels and spectators from hazards associated with a 
powerboat race. The Captain of the Port Detroit has determined that 
powerboat races in close proximity to watercraft and waterfront 
structures pose a significant risk to public safety and property. The 
likely combination of large numbers of recreational vessels, powerboats 
traveling at high speeds, and large numbers of spectators in close 
proximity to powerboats on the water pose a significant risk of serious 
injuries or fatalities. Establishing a special local regulation around 
the location of the race course will help ensure the safety of persons 
and property at these events and help minimize the associated risks.

[[Page 32662]]

Discussion of Rule

    This temporary special local regulation is necessary to ensure the 
safety of spectators and vessels during the Hydroplane Exhibition 
scheduled to take place during the Detroit River Days Festival. The 
Hydroplane Exhibition will occur between 3 p.m. and 5 p.m. on a daily 
basis on from June 18, 2010 to June 20, 2010. This regulation is 
effective from 3 p.m. on June 18, 2010, to 5 p.m. on June 20, 2010 and 
will be enforced daily between 3 p.m. to 5 p.m. during the effective 
period.
    The area of the special local regulation will encompass all waters 
of the Detroit River, between Detroit, MI and Belle Isle, within an 
area bound on the east by a by a point on land at position 42[deg]20.1' 
N; 083[deg]1.1' W extending to the international border located at 
position 42[deg]19.9' N; 083[deg]1.0' W and a line running along the 
international border to position 42[deg]19.5' N; 083[deg]2.2' W and to 
a point on land at position 42[deg]19.7' N; 083[deg]2.4' W. All 
geographic coordinates are North American Datum of 1983 [NAD 83].
    All persons and vessels shall comply with the instructions of the 
Captain of the Port Sector Detroit or designated on scene patrol 
personnel. Entry into, transiting, or anchoring within the special 
local regulation area is prohibited unless authorized by the Captain of 
the Port Detroit or his designated on scene representative. The Captain 
of the Port or his designated on scene representative may be contacted 
via VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the area of the special local regulation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which might 
be small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of the Detroit River near Detroit, MI 
between 3 p.m. and 5 p.m. from June 18, 2010 to June 20, 2010.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: This rule will only be in effect for 2 hours a day during the 
effective dates that this rule will be enforced. The Coast Guard will 
give notice to the public via a Broadcast Notice to Mariners that the 
regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

[[Page 32663]]

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 is categorically excluded, under figure 2-1, 
paragraph (34)(h) of the Instruction, because it involves the 
establishment of a special local regulation for a marine event in which 
an environmental analysis was conducted as part of the permit process 
for the marine event. An environmental analysis checklist and a 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and Recordkeeping 
requirements, Waterways.

0
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. A new temporary Sec.  100.T09-0435 is added to read as follows:


Sec.  100.T09-0435  Special Local Regulation; Hydroplane Exhibition; 
Detroit River; Detroit, MI.

    (a) Location. The following is a temporary special local regulation 
area: All waters of the Detroit River, between Detroit, MI. and Belle 
Isle, within an area bound on the east by a point on land at position 
42[deg]20.1' N.; 083[deg]01.1' W. extending to the international border 
located at position 42[deg]19.9' N.; 083[deg]01.0' W. and a line 
running along the international border to position 42[deg]19.5' N.; 
083[deg]02.2' W. and to a point on land at position 42[deg]19.7' N.; 
083[deg]02.4' W. (DATUM: NAD 83.)
    (b) Effective Period. This regulation is effective from 3 p.m. on 
June 18, 2010 to 5 p.m. on June 20, 2010. This regulation will be 
enforced daily from 3 p.m. until 5 p.m. from June 18, 2010, to June 20, 
2010.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  100.35 of 
this part, entry into, and transiting or anchoring within this special 
local regulation area is prohibited unless authorized by the Captain of 
the Port Sector Detroit, or his designated on-scene representative.
    (2) This special local regulation area is closed to all vessel 
traffic, except as may be permitted by the Captain of the Port Detroit 
or his designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Sector Detroit is any Coast Guard commissioned, warrant, or petty 
officer who has been designated by the Captain of the Port Sector 
Detroit to act on his behalf. The on-scene representative of the 
Captain of the Port Sector Detroit will be aboard either a Coast Guard 
or Coast Guard Auxiliary vessel. The Captain of the Port or his 
designated on scene representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the 
special local regulation area shall contact the Captain of the Port 
Sector Detroit or his on-scene representative to obtain permission to 
do so. Vessel operators given permission to enter or operate in the 
special local regulation area must comply with all directions given to 
them by the Captain of the Port or his on-scene representative.

    Dated: May 24, 2010.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Detroit.
[FR Doc. 2010-13806 Filed 6-8-10; 8:45 am]
BILLING CODE 9110-04-P

