[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30860-30862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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


