Special Local Regulation; Wy-Hi Rowing Regatta, Trenton Channel; Detroit River, Wyandotte, MI, 25572-25574 [2013-10319]

Download as PDF 25572 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Rules and Regulations Cut flowers may be imported for experimental, therapeutic, or developmental purposes under conditions specified in a controlled import permit issued in accordance with § 319.6. Done in Washington, DC, this 26th day of April 2013. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: [FR Doc. 2013–10385 Filed 5–1–13; 8:45 am] § 319.74–3 Importations for experimental or similar purposes. DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking BILLING CODE 3410–34–P 29. In § 319.75, paragraph (c) is revised to read as follows: ■ DEPARTMENT OF HOMELAND SECURITY § 319.75 Restrictions on importation of restricted articles; disposal of articles refused importation. Coast Guard * 33 CFR Part 100 * * * * (c) A restricted article may be imported without complying with other restrictions under this subpart if: (1) Imported for experimental, therapeutic, or developmental purposes under the conditions specified in a controlled import permit issued in accordance with § 319.6; (2) Imported at the National Plant Germplasm Inspection Station, Building 580, Beltsville Agricultural Research Center East, Beltsville, MD 20705, or through any USDA plant inspection station listed in § 319.37–14; and (3) Imported with a controlled import tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, and with such tag or label bearing a controlled import permit number corresponding to the number of the controlled import permit issued for such article. 30. Section 319.75–1 is amended as follows: ■ a. By removing the definition of Deputy Administrator. ■ b. In the definition of inspector, by removing the word ‘‘Deputy’’. ■ c. By adding, in alphabetical order, a definition of Administrator to read as set forth below. ■ § 319.75–1 Definitions. * * * * * Administrator. The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any employee of the United States Department of Agriculture delegated to act in his or her stead. * * * * * emcdonald on DSK67QTVN1PROD with RULES § 319.75–3 [Amended] 31. In § 319.75–3, paragraph (d) is amended by removing the word ‘‘Deputy’’ each time it appears. ■ § 319.75–8 [Amended] 32. Section 319.75–8 is amended by removing the word ‘‘Deputy’’. ■ VerDate Mar<15>2010 13:01 May 01, 2013 Jkt 229001 [Docket No. USCG–2013–0287] RIN 1625–AA08 Special Local Regulation; Wy-Hi Rowing Regatta, Trenton Channel; Detroit River, Wyandotte, MI Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 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 Adrian.F.Palomeque@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Table of Acronyms 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 E:\FR\FM\02MYR1.SGM 02MYR1 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Rules and Regulations 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°10′58″ N, 083°9′23″ W; following the Trenton Channel north to position 42°11′44″ N, 083°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. emcdonald on DSK67QTVN1PROD with RULES 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 VerDate Mar<15>2010 13:01 May 01, 2013 Jkt 229001 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 25573 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 E:\FR\FM\02MYR1.SGM 02MYR1 25574 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Rules and Regulations 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 emcdonald on DSK67QTVN1PROD with RULES 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: VerDate Mar<15>2010 13:01 May 01, 2013 Jkt 229001 PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ 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 Authority: 33 U.S.C. 1233. 2. Add § 100.T09–0287 to read as follows: ■ § 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°10′58″ N, 083°9′23″ W; following the Trenton Channel north to position 42°11′44″ N, 083°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 onscene representative. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2013–0071] RIN 1625–AA08 Special Local Regulations; Third Annual Space Coast Super Boat Grand Prix, Atlantic Ocean; Cocoa Beach, FL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a special local regulation on the waters of the Atlantic Ocean east of Cocoa Beach, Florida during the Space Coast Super Boat Grand Prix, a series of high-speed boat races. The event is scheduled to take place on Saturday and Sunday, May 18–19, 2013, and approximately 30 high-speed race boats are anticipated to participate in the races, and approximately 200 spectator vessels are expected to attend the event. This special local regulation is necessary to provide for the safety of life on navigable waters of the United States during the races. DATES: This rule is effective from 9 a.m. on May 18, 2013, until 5:30 p.m. on May 19, 2013. This rule will be enforced from 9 a.m. until 5:30 p.m. daily on May 18, 2013, and May 19, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0071. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type the docket number in the ‘‘Keyword’’ box, and then click ‘‘Search.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 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 final rule, call or email Lieutenant Commander Robert Butts, Sector Jacksonville Office of Waterways Management, Coast Guard; telephone E:\FR\FM\02MYR1.SGM 02MYR1

Agencies

[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25572-25574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10319]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 Adrian.F.Palomeque@uscg.mil. 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

[[Page 25573]]

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

[[Page 25574]]

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
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