[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25572-25574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10319]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0287]
RIN 1625-AA08
Special Local Regulation; Wy-Hi Rowing Regatta, Trenton Channel;
Detroit River, Wyandotte, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the Trenton Channel of the Detroit River, Wyandotte,
Michigan. This action is necessary and intended to ensure safety of
life on the navigable waters immediately prior to, during, and
immediately after the Wy-Hi Rowing Regatta. This special local
regulation will establish restrictions upon, and control movement of,
vessels in a portion of the Trenton Channel. During the enforcement
period, no person or vessel may enter the regulated area without
permission of the Captain of the Port.
DATES: This rule is effective from 7:30 a.m. until 5 p.m. on May 4,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0287. To view documents mentioned in this preamble as being
available in the docket, go to www.regulations.gov, type the docket
number in the ``SEARCH'' box, and click ``Search.'' You may visit the
Docket Management Facility, 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 email LT Adrian Palomeque, Prevention
Department, Sector Detroit, Coast Guard; telephone (313) 568-9508,
email [email protected]. If you have questions on viewing the
docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 waiting for a notice and comment
period to run is impracticable. The final details of this year's
regatta were not known to the Coast Guard with sufficient time for the
Coast Guard to solicit public comments before the start of the event.
Thus, delaying this temporary rule to wait for a notice and comment
period to run would be impracticable and it would inhibit the Coast
Guard's ability to protect the public from the hazards associated with
this event.
Under 5 U.S.C. 553(d)(3), for the same reasons as discussed above,
the Coast Guard finds that good cause exists for making this rule
effective less than 30 days after publication in the Federal Register.
B. Basis and Purpose
On May 4, 2013, the Wyandotte Boat Club is holding a rowing race
that will require the immediate area to be clear of all vessel traffic.
The rowing race will occur between 7:30 a.m. and 5 p.m. on May 4, 2013.
The Captain of the Port Detroit has determined that the likely
combination of recreation vessels, commercial vessels, and large
numbers of spectators in close proximity to rowing regatta pose extra
and unusual hazards to public safety and property. Thus, the Captain of
the Port Detroit has determined that establishing a Special Local
Regulation, pursuant to the authority in 33 U.S.C. 1233, around the
race's course will help ensure the safety of life during this event.
C. Discussion of Rule
In light of the aforesaid hazards, the Captain of the Port Detroit
has
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determined that a special local regulation is necessary to protect
spectators, vessels, and participants. The special local regulation
will encompass all waters of the Detroit River, Trenton Channel
starting at a point on land at position 42[deg]10'58'' N,
083[deg]9'23'' W; following the Trenton Channel north to position
42[deg]11'44'' N, 083[deg]8'56'' W; and will be enforced on May 4,
2013, from 7:30 a.m. until 5 p.m. All geographic coordinates are North
American Datum of 1983 (NAD 83).
Two thirds of the Trenton Channel on the western portion of the
regulated area, from the Wyandotte shoreline to a point approximately
670 feet east into the channel, will be designated as the race zone,
while the remaining third portion on the eastern side of the of the
regulated area, approximately 330 feet in width, will be designated as
a buffer zone.
Entry into, transiting, or anchoring within the race zone of the
regulated area is prohibited unless authorized by the Captain of the
Port Detroit or his designated on scene representative. Entry into and
transiting within buffer zone of the regulated area is only authorized
at no-wake speed and requires the authorization of the Captain of the
Port or his designated on scene representative. The Captain of the Port
or his designated on scene representative may be contacted via VHF
Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues.
The Coast Guard's use of this special local regulation will be of
relatively small size and short duration, and it is designed to
minimize the impact on navigation. Moreover, vessels may, when
circumstances allow, obtain permission from the Captain of the Port to
transit through the area affected by this special local regulation.
Overall, the Coast Guard expects minimal impact to vessel movement from
the enforcement of this special local regulation.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in this portion of the Trenton Channel
near Wyandotte, MI between 7:30 a.m. until 5 p.m. on May 4, 2013.
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 and enforced for nine and a
half hours on one day. The race event will be temporarily stopped for
any deep draft vessels transiting through the shipping lanes. The Coast
Guard will give notice to the public via a Broadcast Notice to Mariners
that the regulation is in effect, allowing vessel owners and operators
to plan accordingly.
3. Assistance for Small Entities
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 to that they can better evaluate
its effects on them. If this 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 above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. 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.
9. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of
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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.
10. 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.
11. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. 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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves the establishment of a special local regulation
issued in conjunction with a regatta or marine parade, and, therefore
it is categorically excluded from further review under paragraph 34(h)
of Figure 2-1 of the Commandant Instruction. During the annual
permitting process for this event an environmental analysis was
conducted, and thus, no preliminary environmental analysis checklist or
Categorical Exclusion Determination (CED) are required for this
rulemaking action.
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.T09-0287 to read as follows:
Sec. 100.T09-0287 Special Local Regulation; Wy-Hi Rowing Regatta,
Wyandotte, MI.
(a) Regulated area. A regulated area is established to include all
waters of the Trenton Channel in the Detroit River, Wyandotte,
Michigan, starting at a point on land at position 42[deg]10'58'' N,
083[deg]9'23'' W; following the Trenton Channel north to position
42[deg]11'44'' N, 083[deg]8'56'' W. All geographic coordinates are
North American Datum of 1983 (NAD 83). Two thirds of the Trenton
Channel on the western portion of the regulated area, from the
Wyandotte shoreline to a point approximately 670 feet east into the
channel, will be designated as the race zone, while the remaining third
portion on the eastern side of the of the regulated area, approximately
330 feet in width, will be designated as a buffer zone.
(b) Effective and enforcement period. This regulation is effective
and will be enforced from 7:30 a.m. until 5 p.m. on May 4, 2013.
(c) Regulations. (1) No vessel may enter, transit through, or
anchor within the race zone of the regulated area unless authorized by
the Captain of the Port Detroit, or his designated on-scene
representative.
(2) Vessels may enter and transit through the buffer zone on the
eastern side of regulated area at no-wake speed with the authorization
of the Captain of the Port 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 or a Federal, State, or local law enforcement officer
designated by or assisting the Captain of the Port, Sector Detroit to
act on his behalf.
(4) Vessel operators desiring to enter or operate within the
regulated area shall contact the Coast Guard Patrol Commander to obtain
permission to do so. The Captain of the Port, Sector Detroit or his on-
scene representative may be contacted via VHF Channel 16 or at 313-568-
9464. Vessel operators given permission to enter or operate in the
security zones must comply with all directions given to them by the
Captain of the Port, Sector Detroit, or his on-scene representative.
Dated: April 18, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-10319 Filed 5-1-13; 8:45 am]
BILLING CODE 9110-04-P