[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Proposed Rules]
[Pages 52333-52336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22517]
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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.
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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.
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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
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COTP Zone Detroit
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Event Sector Detroit Special Local Regulations.. Date
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(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.
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Event Marine Safety Unit Toledo Special Local Date
Regulations.
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(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.
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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