Special Local Regulation; Heritage Coast Offshore Grand Prix, Tawas Bay; East Tawas, MI, 34568-34570 [2013-13649]

Download as PDF 34568 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations Regulatory Analysis and Notices PART 4—LABELING AND ADVERTISING OF WINE Executive Order 12866 It has been determined that this final rule is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. Regulatory Flexibility Act Pursuant to the requirements of the Regulatory Flexibility Act (5 U.S.C. chapter 6), TTB certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities. The rule will not impose, or otherwise cause, a significant increase in reporting, recordkeeping, or other compliance burdens on a substantial number of small entities. The final rule will increase the flexibility afforded to bottlers and importers of wine with regard to placement of mandatory alcohol content statements on labels and will not require any changes to existing labels. Accordingly, a regulatory flexibility analysis is not required. Paperwork Reduction Act The collection of information in this rule has been previously approved by the Office of Management and Budget (OMB) under the title ‘‘Labeling and Advertising Requirements Under the Federal Alcohol Administration Act,’’ and assigned control number 1513– 0087. This regulation will not result in a substantive or material change in the previously approved collection action, since the nature of the mandatory information that must appear on labels affixed to the container remains unchanged. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. Drafting Information Karen E. Welch of the Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, drafted this document. Other personnel participated in its development. mstockstill on DSK4VPTVN1PROD with RULES List of Subjects in 27 CFR Part 4 1. The authority citation for part 4 continues to read as follows: ■ Authority: 27 U.S.C. 205, unless otherwise noted. 2. In § 4.32: a. Paragraph (a)(3) is removed and reserved; and ■ b. A new paragraph (b)(3) is added to read as follows: ■ ■ § 4.32 Mandatory label information. * * * * * (b) * * * (3) Alcohol content, in accordance with § 4.36. * * * * * ■ 3. In § 4.36, paragraph (a) is revised to read as follows: § 4.36 Alcoholic content. (a) Alcoholic content shall be stated in the case of wines containing more than 14 percent of alcohol by volume. In the case of wine containing 14 percent or less of alcohol by volume, the alcohol content may be stated, but need not be stated if the type designation ‘‘table’’ wine (or ‘‘light’’ wine) appears on the brand label as prescribed in § 4.32(a)(2). Any statement of alcoholic content shall be made as prescribed in paragraph (b) of this section. * * * * * Signed: January 10, 2013. John J. Manfreda, Administrator. Approved: May 23, 2013. Timothy E. Skud, Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). [FR Doc. 2013–13601 Filed 6–7–13; 8:45 am] BILLING CODE 4810–31–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2013–0434] RIN 1625–AA08 Special Local Regulation; Heritage Coast Offshore Grand Prix, Tawas Bay; East Tawas, MI Amendment to the Regulations ACTION: For the reasons discussed in the preamble, TTB is amending 27 CFR, chapter I, part 4 as follows: SUMMARY: 16:02 Jun 07, 2013 Jkt 229001 Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory Information Advertising, Customs duties and inspection, Imports, Labeling, Packaging and containers, Reporting and recordkeeping requirements, Trade practices, Wine. VerDate Mar<15>2010 This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after the Heritage Coast Offshore Grand Prix boat race. This special local regulation will establish restrictions upon, and control movement of, vessels in a portion of Tawas Bay. 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 10 a.m. until 4 p.m. on June 16, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0434]. To view documents mentioned in this preamble as being available in the docket, go to http:// 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: Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a temporary special local regulation on Tawas Bay, Michigan. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 doing so would be impracticable and contrary to the public interest. The final details for this power boat race were not known to the Coast Guard until there was E:\FR\FM\10JNR1.SGM 10JNR1 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to protect spectators, participants, and vessels from the hazards associated with this event. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period run would be impracticable and contrary to the public interest. mstockstill on DSK4VPTVN1PROD with RULES B. Basis and Purpose Between 10 a.m. and 4 p.m. on June 16, 2013, OPA Racing LLC is holding an offshore powerboat race that will require the immediate area to be clear of all vessel traffic. The Captain of the Port Detroit has determined powerboat races in close proximity to watercraft and infrastructure pose extra and unusual hazards 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 pose extra and unusual hazards to public safety and property and could easily result in serious injuries or fatalities. 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 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 determined that a special local regulation is necessary to ensure the safety of spectators, vessels, and participants. This special local regulation will be enforced from 10 a.m. until 4 p.m. on June 16, 2013. This regulated area will encompass all waters of Tawas Bay, beginning at the Tawas Point Horn on land at 44°14′54.9″ N, 083°27′31.5″ W; extending west to a point on land just north of the Tawas Bay Marina at position 44°15′29.6″ N, 083°31′36.4″ W. All geographic coordinates are North American Datum of 1983 (NAD 83). Entry into, transiting, or anchoring within the regulated area is prohibited unless authorized by the Captain of the Port Detroit or his designated on scene representative. The Captain of the Port or his designated on scene VerDate Mar<15>2010 16:02 Jun 07, 2013 Jkt 229001 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 that 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 its impact on navigation. Furthermore, 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 a portion of the Tawas Bay near East PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 34569 Tawas, MI between 10 a.m. until 4 p.m. on June 16, 2013. This special local regulation will not have a significant economic impact on a substantial number of small entities for the following reasons: This regulated area will only be in effect and enforced for six hours on one day. The race event will be temporarily stopped for any deep draft vessels transiting through the shipping lanes. Additional vessel traffic may be allowed to pass through the zone with the permission of the Captain of the Port. The Captain of the Port can be reached via VHF channel 16. 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. 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 calls for no 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 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 E:\FR\FM\10JNR1.SGM 10JNR1 34570 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations determined that this rule does not have implications for federalism. 6. 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. 7. 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. 8. 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. 9. 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. mstockstill on DSK4VPTVN1PROD with RULES 10. 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. 11. 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order VerDate Mar<15>2010 16:02 Jun 07, 2013 Jkt 229001 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 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 record keeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: enforced on June 16, 2013, from 10 a.m. until 4 p.m. (c) Regulations. (1) No vessel may enter, transit through, or anchor within the regulated area unless authorized by the Captain of the Port Detroit, or his designated onscene representative. (2) 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. (3) Vessel operators desiring to enter or operate within the regulated 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 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 regulated area must comply with all directions given to them by the Captain of the Port Detroit, or his on-scene representative. Dated: May 28, 2013. J.E. Ogden, Captain, U. S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2013–13649 Filed 6–7–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2013–0171] RIN 1625–AA08 PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS Special Local Regulations; Pro HydroX Tour, Lake Dora; Tavares, FL 1. The authority citation for part 100 continues to read as follows: AGENCY: ■ Authority: 33 U.S.C. 1233. 2. Add § 100.T09–0434 to read as follows: ■ § 100.T09–0434 Special Local Regulation; Heritage Coast Offshore Grand Prix, East Tawas, MI. (a) Regulated Area. The regulated area will encompass all waters of Tawas Bay, beginning at the Tawas Point Horn on land at 44°14′54.9″ N, 083°27′31.5″ W; extending west to a point on land just north of the Tawas Bay Marina at position 44°15′29.6″ N, 083°31′36.4″ W. All geographic coordinates are North American Datum of 1983 (NAD 83). (b) Effective and Enforcement Period. This regulation is effective and will be PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 ACTION: Coast Guard, DHS. Temporary final rule. The Coast Guard is establishing a special local regulation on the waters of Lake Dora in Tavares, Florida, during the Pro Hydro-X Tour, a series of high-speed personal watercraft races. The event is scheduled for Saturday and Sunday, June 1–2 and June 8–9, 2013. This special local regulation is necessary to ensure the safety of life on navigable waters of the United States during the races. The special local regulation establishes two areas during each weekend of its enforcement: A race area, where all persons and vessels, except those participating in the races, are prohibited from entering; and A buffer zone around SUMMARY: E:\FR\FM\10JNR1.SGM 10JNR1

Agencies

[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34568-34570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13649]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0434]
RIN 1625-AA08


Special Local Regulation; Heritage Coast Offshore Grand Prix, 
Tawas Bay; East Tawas, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on Tawas Bay, Michigan. This action is necessary and 
intended to ensure safety of life on the navigable waters immediately 
prior to, during, and immediately after the Heritage Coast Offshore 
Grand Prix boat race. This special local regulation will establish 
restrictions upon, and control movement of, vessels in a portion of 
Tawas Bay. 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 10 a.m. until 4 p.m. on June 16, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0434]. To view documents mentioned in this preamble as being 
available in the docket, go to http://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 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 doing so would be impracticable and 
contrary to the public interest. The final details for this power boat 
race were not known to the Coast Guard until there was

[[Page 34569]]

insufficient time remaining before the event to publish an NPRM. Thus, 
delaying the effective date of this rule to wait for a comment period 
to run would be both impracticable and contrary to the public interest 
because it would inhibit the Coast Guard's ability to protect 
spectators, participants, and vessels from the hazards associated with 
this event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period run would 
be impracticable and contrary to the public interest.

B. Basis and Purpose

    Between 10 a.m. and 4 p.m. on June 16, 2013, OPA Racing LLC is 
holding an offshore powerboat race that will require the immediate area 
to be clear of all vessel traffic. The Captain of the Port Detroit has 
determined powerboat races in close proximity to watercraft and 
infrastructure pose extra and unusual hazards 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 pose extra and unusual 
hazards to public safety and property and could easily result in 
serious injuries or fatalities. 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 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 determined that a special local regulation is necessary to ensure 
the safety of spectators, vessels, and participants. This special local 
regulation will be enforced from 10 a.m. until 4 p.m. on June 16, 2013. 
This regulated area will encompass all waters of Tawas Bay, beginning 
at the Tawas Point Horn on land at 44[deg]14'54.9'' N, 
083[deg]27'31.5'' W; extending west to a point on land just north of 
the Tawas Bay Marina at position 44[deg]15'29.6'' N, 083[deg]31'36.4'' 
W. All geographic coordinates are North American Datum of 1983 (NAD 
83).
    Entry into, transiting, or anchoring within the regulated area is 
prohibited unless authorized by the Captain of the Port Detroit 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 that 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 its impact on navigation. Furthermore, 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 a portion of the Tawas Bay near East Tawas, MI 
between 10 a.m. until 4 p.m. on June 16, 2013.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: This regulated area will only be in effect and enforced for 
six hours on one day. The race event will be temporarily stopped for 
any deep draft vessels transiting through the shipping lanes. 
Additional vessel traffic may be allowed to pass through the zone with 
the permission of the Captain of the Port. The Captain of the Port can 
be reached via VHF channel 16. 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. 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 calls for no 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 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

[[Page 34570]]

determined that this rule does not have implications for federalism.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

 11. 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.

 12. 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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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 record keeping 
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.T09-0434 to read as follows:


Sec.  100.T09-0434  Special Local Regulation; Heritage Coast Offshore 
Grand Prix, East Tawas, MI.

    (a) Regulated Area. The regulated area will encompass all waters of 
Tawas Bay, beginning at the Tawas Point Horn on land at 
44[deg]14'54.9'' N, 083[deg]27'31.5'' W; extending west to a point on 
land just north of the Tawas Bay Marina at position 44[deg]15'29.6'' N, 
083[deg]31'36.4'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective 
and will be enforced on June 16, 2013, from 10 a.m. until 4 p.m.
    (c) Regulations.
    (1) No vessel may enter, transit through, or anchor within the 
regulated area unless authorized by the Captain of the Port Detroit, or 
his designated on-scene representative.
    (2) 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.
    (3) Vessel operators desiring to enter or operate within the 
regulated 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 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 regulated area must comply with all directions 
given to them by the Captain of the Port Detroit, or his on-scene 
representative.

    Dated: May 28, 2013.
J.E. Ogden,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-13649 Filed 6-7-13; 8:45 am]
BILLING CODE 9110-04-P