Special Local Regulation; Heritage Coast Offshore Grand Prix, Tawas Bay; East Tawas, MI, 34568-34570 [2013-13649]
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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 https://
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.
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Fmt 4700
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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
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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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 https://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
