Special Local Regulation; Harrison Township Grand Prix, Lake St. Clair, Harrison Township, MI, 39445-39448 [2010-16717]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Rules and Regulations
Section in this
part where
supplemented
Section of OMB guidance
(1) 2 CFR 182.225(a) ...................................
§ 902.225
(2) 2 CFR 182.300(b) ...................................
§ 902.300
(3) 2 CFR 182.500 ........................................
§ 902.500
(4) 2 CFR 182.505 ........................................
§ 902.505
(5) 2 CFR 182.605 ........................................
(6) 2 CFR 182.645 ........................................
§ 902.605
§ 902.645
What the supplementation clarifies
Whom in the DOE a recipient other than an individual must notify if an employee
is convicted for a violation of a criminal drug statute in the workplace.
Whom in the DOE a recipient who is an individual must notify if he or she is convicted of a criminal drug offense resulting from a violation occurring during the
conduct of any award activity.
Who in the DOE is authorized to determine that a recipient other than an individual is in violation of the requirements of 2 CFR part 182, as implemented by
this part.
Who in the DOE is authorized to determine that a recipient who is an individual
is in violation of the requirements of 2 CFR part 182, as implemented by this
part.
Definition of ‘‘Award’’.
Definition of ‘‘Federal agency or agency’’.
(c) Sections of the OMB guidance that
this part does not supplement. For any
section of OMB guidance in Subparts A
through F of 2 CFR part 182 that is not
listed in paragraph (b) of this section,
DOE policies and procedures are the
same as those in the OMB guidance.
(or Subpart C, if the recipient is an
individual) of Part 902, which adopts
the Governmentwide implementation (2
CFR part 182) of sec. 5152–5158 of the
Drug-Free Workplace Act of 1988 (Pub.
L. 100–690, Title V, Subtitle D; 41
U.S.C. 701–707).
Subpart A—Purpose and Coverage
[Reserved]
Subpart E—Violations of this Part and
Consequences
Subpart B—Requirements for
Recipients Other Than Individuals
§ 902.500 Who in the DOE determines that
a recipient other than an individual violated
the requirements of this part?
§ 902.225 Whom in the DOE does a
recipient other than an individual notify
about a criminal drug conviction?
The Secretary of the Department of
Energy and the Secretary’s designee or
designees are authorized to make the
determinations under 2 CFR 182.500 for
DOE, including NNSA.
A recipient other than an individual
that is required under 2 CFR 182.225(a)
to notify Federal agencies about an
employee’s conviction for a criminal
drug offense must notify each DOE
office from which it currently has an
award.
Subpart C—Requirements for
Recipients Who Are Individuals
§ 902.300 Whom in the DOE does a
recipient who is an individual notify about
a criminal drug conviction?
A recipient who is an individual and
is required under 2 CFR 182.300(b) to
notify Federal agencies about a
conviction for a criminal drug offense
must notify each DOE office from which
it currently has an award.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Subpart D—Responsibilities of Agency
Awarding Officials
§ 902.400 What method do I use as an
agency awarding official to obtain a
recipient’s agreement to comply with the
OMB guidance?
To obtain a recipient’s agreement to
comply with applicable requirements in
the OMB guidance at 2 CFR part 182,
you must include the following term or
condition in the award:
Drug-free workplace. You as the
recipient must comply with drug-free
workplace requirements in Subpart B
VerDate Mar<15>2010
14:49 Jul 08, 2010
Jkt 220001
§ 902.505 Who in the DOE determines that
a recipient who is an individual violated the
requirements of this part?
The Secretary of the Department of
Energy and the Secretary’s designee or
designees are authorized to make the
determinations under 2 CFR 182.500 for
DOE, including NNSA.
Subpart F—Definitions
§ 902.605 Award (DOE supplement to
Governmentwide definition at 2 CFR
182.605).
The term award also includes
Technology Investment Agreements
(TIA). A TIA is a special type of
assistance instrument used to increase
the involvement of commercial firms in
the Department’s RD&D programs. A
TIA may be either a type of cooperative
agreement or a type of assistance
transaction other than a cooperative
agreement, depending on the
intellectual property provisions. A TIA
may be either expenditure based or
fixed support.
§ 902.645
Federal agency or agency.
Department of Energy means the U.S.
Department of Energy (DOE), including
the National Nuclear Security
Administration (NNSA).
PO 00000
Frm 00003
39445
Fmt 4700
Sfmt 4700
Title 10—Energy
CHAPTER II—DEPARTMENT OF ENERGY
PART 607—[REMOVED]
2. Under the authority of 5 U.S.C. 301,
remove part 607.
■
[FR Doc. 2010–16745 Filed 7–8–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0279]
RIN 1625–AA08
Special Local Regulation; Harrison
Township Grand Prix, Lake St. Clair,
Harrison Township, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary special local
regulation in the Captain of the Port
Detroit Zone on Lake St. Clair, Harrison
Township, Michigan. This special local
regulation is intended to restrict vessels
from portions of Lake St. Clair during
the Harrison Township Grand Prix. This
special local regulation is necessary to
protect spectators and vessels from the
hazards associated with powerboat
races.
DATES: This rule is effective on July 17,
2010 through July 18, 2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–0279 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0279 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
E:\FR\FM\09JYR1.SGM
09JYR1
39446
Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Rules and Regulations
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 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:
commercial vessels may request
permission from the Captain of the Port
Detroit to transit through the safety
regulated area. The Coast Guard will
give notice to the public via a Broadcast
Notice to Mariners that the regulation is
in effect. Additionally, the Captain of
the Port will suspend enforcement of
the regulated navigation area if the
event for which the area is established
ends earlier than the expected time.
Regulatory Information
On April 23, 2010, we published a
notice of proposed rulemaking (NPRM)
titled Special Local Regulation; Harrison
Township Grand Prix, Lake St. Clair,
Harrison Township, MI in the Federal
Register (75 FR 21194). We received
zero comments on the proposed rule. No
public meeting was requested, and none
was held. This rule is effective upon
publication in the Federal Register, as
the event is taking place within thirty
days of publication. Delaying the
effective date would negate the purpose
of the rule.
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.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the
minimal time that vessels will be
restricted from the area of the special
local regulation, which is located in a
portion of Lake St. Clair where the Coast
Guard expects insignificant adverse
impact to mariners from the special
local regulation’s enforcement.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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 powerboat races in close
proximity to watercraft and
infrastructure pose significant risk to
public safety and property. The likely
combination of large numbers of
recreation vessels, powerboats traveling
at high speeds, and large numbers of
spectators in close proximity to the
water could easily result in 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.
Discussion of Comments and Changes
We received no comments with regard
to this rule and no changes have been
made to this rule as proposed in the
NPRM.
Discussion of the Rule
This rule will be enforced between 10
a.m. and 4 p.m. each day of its effective
period. In the event that this temporary
special local regulation affects shipping,
VerDate Mar<15>2010
14:49 Jul 08, 2010
Jkt 220001
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.
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 or operators of
vessels intending to transit or anchor in
the portion of Lake St. Clair near
Harrison Township, MI between 10 a.m.
and 4 p.m. on July 17, 2010 through July
18, 2010.
This special local regulation will not
have a significant economic impact on
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
a substantial number of small entities,
because of the minimal amount of time
in which the special local regulation
will be enforced. This special local
regulation will be enforced for
approximately six (6) hours each day for
two days, twelve (12) hours total. In the
event that this special local regulation
affects shipping, commercial vessels
may request permission from the
Captain of the Port Detroit to transit
through the regulated navigation area.
The Coast Guard will give notice to the
public via a Broadcast Notice to
Mariners that the regulation is in effect.
Additionally, the COTP will suspend
enforcement of the regulated navigation
area if the event for which the regulated
navigation area is established ends
earlier than the expected time.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could 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). We received no comments with
regard to this rule and no changes have
been made to this rule as proposed in
the NPRM.
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. We received
E:\FR\FM\09JYR1.SGM
09JYR1
Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Rules and Regulations
no comments with regard to this rule
and no changes have been made to this
rule as proposed in the NPRM.
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. We received
no comments with regard to this rule
and no changes have been made to this
rule as proposed in the NPRM.
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. We received
no comments with regard to this rule
and no changes have been made to this
rule as proposed in the NPRM.
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. We
received no comments with regard to
this rule and no changes have been
made to this rule as proposed in the
NPRM.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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. We
received no comments with regard to
this rule and no changes have been
made to this rule as proposed in the
NPRM.
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
VerDate Mar<15>2010
14:49 Jul 08, 2010
Jkt 220001
Government and Indian tribes. We
received no comments with regard to
this rule and no changes have been
made to this rule as proposed in the
NPRM.
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. We
received no comments with regard to
this rule and no changes have been
made to this rule as proposed in the
NPRM.
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. We received no comments
with regard to this rule and no changes
have been made to this rule as proposed
in the NPRM.
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 that do not
individually or cumulatively have a
significant effect on the human
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
39447
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves the establishment of a special
local regulation issued in conjunction
with a permitted powerboat race event.
The environmental analysis conducted
for the powerboat race event permit
included an analysis of the impact of
the special local regulation. Based on
our preliminary determination, there are
no factors in this case that would limit
the use of a categorical exclusion under
section 2.B.2 of the Instruction.
Therefore, we believe that this rule
should be categorically excluded, under
figure 2–1, paragraph (34)(h), of the
Instruction, from further environmental
documentation. Under figure 2–1,
paragraph (34)(h), of the Instruction, an
environmental checklist and categorical
exclusion determination is not required
for this rule.
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a new temporary § 100.T09–
0279 as follows:
■
§ 100.T09–0279 Special Local Regulation;
Harrison Township Grand Prix; Lake St.
Clair; Harrison Township, MI.
(a) Location. The following is a
temporary special local regulation area:
All waters of Lake St. Clair, near
Harrison Township, MI, bound by a line
extending from a starting point in Lake
St. Clair located at position 32′44″ N;,
082° 50′42″ W, 42° traveling southeast to
position 42° 32′10″ N; 082° 47′50″ W,
northeast to position 34′07″ N; 082°
47′30″ W, 42°, west to position 42°
34′05″ N; 082° 49′35″ W, and southwest
to the point of origin at position 42°
32′44″ N; 082° 50′42″ W. This regulated
navigation area encompasses the entire
race course located in Lake St. Clair
near Metro Beach, Harrison Township.
(DATUM: NAD 83).
(b) Effective Period. This regulation is
effective from 10 a.m. on July 17, 2010,
to 4 p.m. on July 18, 2010. This
regulation will be enforced daily from
10 a.m. until 4 p.m. on July 17, 2010
through July 18, 2010.
(c) Regulations.
E:\FR\FM\09JYR1.SGM
09JYR1
39448
Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Rules and Regulations
(1) In accordance with the general
regulations in Section 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
Detroit, or his 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 on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel.
(4) Vessel operators desiring to enter
or operate within the special local
regulation area shall contact the Captain
of the Port Detroit or his on-scene
representative to obtain permission to
do so. The Captain of the Port or his
designated on scene representative may
be contacted via VHF Channel 16.
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: June 14, 2010.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
Regulatory Information
On April 23, 2010, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulation;
Detroit APBA Gold Cup, Detroit River,
Detroit, MI in the Federal Register (75
FR 21191). We received zero comments
on the proposed rule. No public meeting
was requested, and none was held. This
regulation is effective on July 7–11
instead of after 30 days after publication
in the Federal Register because the
APBA moved up the date of the race
with short notice. Allowing 30 days
notice would render the regulation
useless.
[FR Doc. 2010–16717 Filed 7–8–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0238]
RIN 1625–AA08
Special Local Regulation; Detroit
APBA Gold Cup, Detroit River, Detroit,
MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary special local
regulation in the Captain of the Port
Detroit Zone on the Detroit River,
Detroit, Michigan. This special local
regulation is intended to restrict vessels
from portions of the Detroit River during
the Detroit APBA Gold Cup. This
special local regulation is necessary to
VerDate Mar<15>2010
14:49 Jul 08, 2010
Jkt 220001
protect spectators and vessels from the
hazards associated with powerboat
races.
DATES: This rule is effective from 7 a.m.
on July 7, 2010, to 7 p.m. on July 11,
2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–0238 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0238 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
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:
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 powerboat races in close
proximity to watercraft and
infrastructure pose 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 the water could easily
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
result in 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.
Discussion of Comments and Changes
We received no comments with regard
to this rule and no changes have been
made to this rule as proposed in the
NPRM.
Discussion of Rule
This regulation is effective from 7
a.m. on July 7, 2010, to 7 p.m. on July
11, 2010 and will be enforced daily from
7 a.m. until 7 p.m. on July 7–11, 2010.
Prior to the event, local sailing and
yacht clubs will be provided with
information by Coast Guard Station
Belle Isle on what to expect during the
event. Station Belle Isle will do this in
order to minimize interruptions in the
normal business practices of local
sailing and yacht clubs. In the event that
this temporary special local regulation
affects shipping, commercial vessels
may request permission from the
Captain of the Port Detroit to transit
through the safety regulated area. The
Coast Guard will give notice to the
public via a Broadcast Notice to
Mariners that the regulation is in effect.
Additionally, the COTP will suspend
enforcement of the special local
regulation if the event for which the
special local regulation is established
ends earlier than the expected time.
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.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the
minimal time that vessels will be
restricted from the area of the special
local regulation, which is located in a
portion of the Detroit River where the
Coast Guard expects insignificant
adverse impact to mariners from the
special local regulation’s enforcement.
E:\FR\FM\09JYR1.SGM
09JYR1
]]>Agencies
[Federal Register Volume 75, Number 131 (Friday, July 9, 2010)]
[Rules and Regulations]
[Pages 39445-39448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16717]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0279]
RIN 1625-AA08
Special Local Regulation; Harrison Township Grand Prix, Lake St.
Clair, Harrison Township, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation in the Captain of the Port Detroit Zone on Lake St. Clair,
Harrison Township, Michigan. This special local regulation is intended
to restrict vessels from portions of Lake St. Clair during the Harrison
Township Grand Prix. This special local regulation is necessary to
protect spectators and vessels from the hazards associated with
powerboat races.
DATES: This rule is effective on July 17, 2010 through July 18, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0279 and are available online by going to
https://www.regulations.gov, inserting USCG-2010-0279 in the ``Keyword''
box, and then clicking ``Search.'' This material is
[[Page 39446]]
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 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
On April 23, 2010, we published a notice of proposed rulemaking
(NPRM) titled Special Local Regulation; Harrison Township Grand Prix,
Lake St. Clair, Harrison Township, MI in the Federal Register (75 FR
21194). We received zero comments on the proposed rule. No public
meeting was requested, and none was held. This rule is effective upon
publication in the Federal Register, as the event is taking place
within thirty days of publication. Delaying the effective date would
negate the purpose of the rule.
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
powerboat races in close proximity to watercraft and infrastructure
pose significant risk to public safety and property. The likely
combination of large numbers of recreation vessels, powerboats
traveling at high speeds, and large numbers of spectators in close
proximity to the water could easily result in 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.
Discussion of Comments and Changes
We received no comments with regard to this rule and no changes
have been made to this rule as proposed in the NPRM.
Discussion of the Rule
This rule will be enforced between 10 a.m. and 4 p.m. each day of
its effective period. In the event that this temporary special local
regulation affects shipping, commercial vessels may request permission
from the Captain of the Port Detroit to transit through the safety
regulated area. The Coast Guard will give notice to the public via a
Broadcast Notice to Mariners that the regulation is in effect.
Additionally, the Captain of the Port will suspend enforcement of the
regulated navigation area if the event for which the area is
established ends earlier than the expected time.
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the minimal time that vessels will be restricted from the area of
the special local regulation, which is located in a portion of Lake St.
Clair where the Coast Guard expects insignificant adverse impact to
mariners from the special local regulation's enforcement.
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 or operators of vessels intending to
transit or anchor in the portion of Lake St. Clair near Harrison
Township, MI between 10 a.m. and 4 p.m. on July 17, 2010 through July
18, 2010.
This special local regulation will not have a significant economic
impact on a substantial number of small entities, because of the
minimal amount of time in which the special local regulation will be
enforced. This special local regulation will be enforced for
approximately six (6) hours each day for two days, twelve (12) hours
total. In the event that this special local regulation affects
shipping, commercial vessels may request permission from the Captain of
the Port Detroit to transit through the regulated navigation area. The
Coast Guard will give notice to the public via a Broadcast Notice to
Mariners that the regulation is in effect. Additionally, the COTP will
suspend enforcement of the regulated navigation area if the event for
which the regulated navigation area is established ends earlier than
the expected time.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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). We received no
comments with regard to this rule and no changes have been made to this
rule as proposed in the NPRM.
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. We received
[[Page 39447]]
no comments with regard to this rule and no changes have been made to
this rule as proposed in the NPRM.
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. We received no comments with regard to this rule and no
changes have been made to this rule as proposed in the NPRM.
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. We received no comments with regard to this rule and no changes
have been made to this rule as proposed in the NPRM.
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. We received no comments with
regard to this rule and no changes have been made to this rule as
proposed in the NPRM.
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. We received no comments with regard
to this rule and no changes have been made to this rule as proposed in
the NPRM.
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. We received no
comments with regard to this rule and no changes have been made to this
rule as proposed in the NPRM.
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. We received no comments with regard to
this rule and no changes have been made to this rule as proposed in the
NPRM.
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. We received no
comments with regard to this rule and no changes have been made to this
rule as proposed in the NPRM.
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 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. This rule involves the establishment of a special
local regulation issued in conjunction with a permitted powerboat race
event. The environmental analysis conducted for the powerboat race
event permit included an analysis of the impact of the special local
regulation. Based on our preliminary determination, there are no
factors in this case that would limit the use of a categorical
exclusion under section 2.B.2 of the Instruction. Therefore, we believe
that this rule should be categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (34)(h), of the Instruction,
an environmental checklist and categorical exclusion determination is
not required for this rule.
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. Add a new temporary Sec. 100.T09-0279 as follows:
Sec. 100.T09-0279 Special Local Regulation; Harrison Township Grand
Prix; Lake St. Clair; Harrison Township, MI.
(a) Location. The following is a temporary special local regulation
area: All waters of Lake St. Clair, near Harrison Township, MI, bound
by a line extending from a starting point in Lake St. Clair located at
position 32'44'' N;, 082[deg] 50'42'' W, 42[deg] traveling southeast to
position 42[deg] 32'10'' N; 082[deg] 47'50'' W, northeast to position
34'07'' N; 082[deg] 47'30'' W, 42[deg], west to position 42[deg]
34'05'' N; 082[deg] 49'35'' W, and southwest to the point of origin at
position 42[deg] 32'44'' N; 082[deg] 50'42'' W. This regulated
navigation area encompasses the entire race course located in Lake St.
Clair near Metro Beach, Harrison Township. (DATUM: NAD 83).
(b) Effective Period. This regulation is effective from 10 a.m. on
July 17, 2010, to 4 p.m. on July 18, 2010. This regulation will be
enforced daily from 10 a.m. until 4 p.m. on July 17, 2010 through July
18, 2010.
(c) Regulations.
[[Page 39448]]
(1) In accordance with the general regulations in Section 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 Detroit, or his 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 on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter or operate within the
special local regulation area shall contact the Captain of the Port
Detroit or his on-scene representative to obtain permission to do so.
The Captain of the Port or his designated on scene representative may
be contacted via VHF Channel 16. 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: June 14, 2010.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2010-16717 Filed 7-8-10; 8:45 am]
BILLING CODE 9110-04-P
