Special Local Regulation; Frogtown Race Regatta; Maumee River, Toledo, OH, 58875-58877 [2013-23286]
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Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations
not have 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.
For the reasons discussed above, I
certify this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://www.regulations.
gov; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains the NPRM, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone (800) 647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
TKELLEY on DSK3SPTVN1PROD with RULES
■
2013–19–10 PILATUS AIRCRAFT LTD.:
Amendment 39–17592; Docket No.
FAA–2013–0610; Directorate Identifier
2013–CE–017–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective October 30, 2013.
(b) Affected ADs
None.
VerDate Mar<15>2010
16:13 Sep 24, 2013
Jkt 229001
(c) Applicability
This AD applies to PILATUS AIRCRAFT
LTD. Model PC–12/47E airplanes, serial
numbers 545 and 1001 through 1450,
certificated in any category.
(d) Subject
Air Transport Association of America
(ATA) Code 34: Navigation.
(e) Reason
This AD results from mandatory
continuing airworthiness information (MCAI)
originated by an aviation authority of another
country to identify and correct an unsafe
condition on an aviation product. The MCAI
describes the unsafe condition as common
grounding of both the pilot primary flight
display (PFD) and the Electronic Standby
Instrument System (ESIS). If the common
ground fails both navigation systems could
fail simultaneously. We are issuing this AD
to prevent simultaneous failure of both
navigation systems, which could result in
loss of control.
(f) Actions and Compliance
Unless already done, within 3 months after
October 30, 2013 (the effective date of this
AD), modify the ESIS return wire ground
connections following the accomplishment
instructions in PILATUS AIRCRAFT LTD.
PC–12 Service Bulletin No. 34–038, dated
March 26, 2013.
(g) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Doug Rudolph, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4059; fax: (816) 329–
4090; email: doug.rudolph@faa.gov. Before
using any approved AMOC on any airplane
to which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(h) Related Information
Refer to MCAI European Aviation Safety
Agency (EASA) AD No.: 2013–0114, dated
May 28, 2013, for related information, which
can be found in the AD docket on the
Internet at https://www.regulations.gov/
#!documentDetail;D=FAA-2013-0610-0002.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
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Frm 00009
Fmt 4700
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58875
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) PILATUS AIRCRAFT LTD. PC–12
Service Bulletin No. 34–038, dated March 26,
2013.
(ii) Reserved.
(3) For PILATUS AIRCRAFT LTD. service
information identified in this AD, contact
Pilatus Aircraft Ltd., Customer Service
Manager, CH–6371 STANS, Switzerland;
telephone: +41 (0) 41 619 65 01; fax: +41 (0)
41 619 65 76; Internet: https://www.pilatusaircraft.com/#32.
(4) You may view this service information
at FAA, Small Airplane Directorate, 901
Locust, Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call (816) 329–4148.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Kansas City, Missouri, on
September 16, 2013.
Pat Mullen,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–22980 Filed 9–24–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2013–0839]
RIN 1625–AA08
Special Local Regulation; Frogtown
Race Regatta; Maumee River, Toledo,
OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary Special Local
Regulation on the Maumee River,
Toledo, Ohio. This Special Local
Regulation is necessary to protect race
participants from other vessel traffic.
This temporary Special Local
Regulation is intended to restrict vessels
from a portion of the Maumee River
during the annual Frogtown Race
Regatta.
DATES: This rule is effective from 5 a.m.
until 7 p.m. on September 28, 2013.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2013–
0839. To view documents mentioned in
this preamble as being available in the
SUMMARY:
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58876
Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations
docket, go to https://
www.regulations.gov, inserting USCG–
2013–0839 in the ‘‘Keyword’’ box, and
then clicking ‘‘search.’’ They are also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, contact or email MST1 Ian M.
Fallon, U.S. Coast Guard Marine Safety
Unit Toledo, at (419) 418–6036 or
Ian.M.Fallon@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
TFR Temporary Final Rule
NPRM Notice of Proposed Rulemaking
TKELLEY on DSK3SPTVN1PROD with RULES
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 an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest.
Additional details regarding emergent
event were received after the annual
permitting process but not received in
sufficient time for the Coast Guard to
solicit public comments before the start
of the event. Thus, waiting for a notice
and comment period to run would
inhibit the Coast Guard from protecting
the public and vessels from the hazards
associated with the event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary 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 to run
would be impracticable and contrary to
the public interest.
VerDate Mar<15>2010
16:13 Sep 24, 2013
Jkt 229001
B. Basis and Purpose
On Saturday, September 28, 2013,
from 5 a.m. to 7 p.m. an organized
racing event will take place on the
Maumee River in which participants
rowing shell boats from the Norfolk and
Southern Bridge at River Mile 1.80 to
the Anthony Wayne Bridge at River
Mile 5.16 on the Maumee River in
Toledo, OH. The Captain of the Port
Detroit has determined that this boat
race, which is in close proximity to
watercraft and in the shipping channel
pose extra and unusual hazards to
public safety and property, including
potential collisions, allisions, and
individuals falling in the water.
Establishing a special local regulated
area is necessary to protect persons and
property at these events and help
minimize the associated risks.
C. Discussion of Rule
This rule will be effective and
enforced 5 a.m. until 7 p.m. on
September 28, 2013. The Coast Guard
requires that all vessels transiting the
area proceed at a no-wake speed and
maintain extra vigilance at all times.
Vessel traffic may proceed down the
West side of the river at a no wake
speed during racing. The races will stop
for oncoming freighter or commercial
traffic. The on-scene representative or
event sponsor representatives may
permit vessels to transit the area when
no race activity is occurring. The onscene representative may be present on
any Coast Guard, state or local law
enforcement vessel assigned to patrol
the event.
This temporary Special Local
Regulation will encompass all U.S.
waters on the Maumee River, Toledo,
OH from the Norfolk and Southern
Railway Bridge at River Mile 1.80 to the
Anthony Wayne Bridge at River Mile
5.16.
The Captain of the Port will notify the
affected segments of the public of the
enforcement of this Special Local
Regulation by all appropriate means,
including a Broadcast Notice to
Mariners and Local Notice to Mariners.
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 and executive
orders.
1. Regulatory Planning and Review
This temporary final rule is not a
significant regulatory action under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, as
supplemented by Executive Order
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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 Order. We
conclude that this temporary final 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 temporary Special Local Regulation
will be relatively small and be enforced
for a relatively short time. Thus,
restrictions on vessel movement within
that particular area are expected to be
minimal.
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 temporary final rule will
not have a significant economic impact
on a substantial number of small
entities.
This temporary final rule will affect
the following entities, some of which
might be small entities: the owners or
operators of vessels intending to transit
or anchor in the portion of the Maumee
River discussed above from 5 a.m. until
7 p.m. on September 28, 2012.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section 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
E:\FR\FM\25SER1.SGM
25SER1
Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations
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 temporary final rule will call 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 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. 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 an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
TKELLEY on DSK3SPTVN1PROD with RULES
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
VerDate Mar<15>2010
16:13 Sep 24, 2013
Jkt 229001
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 that 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 is
categorically excluded under figure 2–1,
paragraph (34)(h), of the Instruction.
During the annual permitting process
for this boat racing event an
environmental analysis was conducted
to include the effects of this special
local regulation.
58877
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add temporary § 100.T09–0839 to
read as follows:
■
§ 100.T09–0839 Special Local Regulation,
Frogtown Race Regatta, Toledo, OH.
(a) Location. The regulated area
includes all U.S. navigable waters of the
Maumee River, Toledo, OH, from the
Norfolk and Southern Railway Bridge at
River Mile 1.80 to the Anthony Wayne
Bridge at River Mile 5.16.
(b) Effective and enforcement period.
This section will be effective and
enforced from 5 a.m. until 7 p.m. on
September 28, 2013.
(c) Regulations. (1) Consistent with
§ 100.901 of this part, vessels transiting
within the regulated area shall travel at
a no-wake speed and remain vigilant at
all times. Additionally, vessels within
the regulated area must yield right-ofway for event participants and event
safety craft. Commercial vessels will
have right-of-way over event
participants, and event safety craft.
(2) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Detroit is
any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port,
Sector Detroit to act on his behalf. The
on-scene representative of the Captain
of the Port, Sector Detroit will be aboard
either a Coast Guard or Coast Guard
Auxiliary vessel. The Captain of the
Port, Sector Detroit or his designated on
scene representative may be contacted
via VHF Channel 16.
(3) Vessel operators entering or
operating in the special local regulated
area must comply with all directions
given to them by the Captain of the Port,
Sector Detroit or his on-scene
representative.
Dated: September 13, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
List of Subjects in 33 CFR Part 100
[FR Doc. 2013–23286 Filed 9–24–13; 8:45 am]
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
Waterways.
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Rules and Regulations]
[Pages 58875-58877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23286]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0839]
RIN 1625-AA08
Special Local Regulation; Frogtown Race Regatta; Maumee River,
Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary Special Local
Regulation on the Maumee River, Toledo, Ohio. This Special Local
Regulation is necessary to protect race participants from other vessel
traffic. This temporary Special Local Regulation is intended to
restrict vessels from a portion of the Maumee River during the annual
Frogtown Race Regatta.
DATES: This rule is effective from 5 a.m. until 7 p.m. on September 28,
2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0839. To view documents
mentioned in this preamble as being available in the
[[Page 58876]]
docket, go to https://www.regulations.gov, inserting USCG-2013-0839 in
the ``Keyword'' box, and then clicking ``search.'' They are also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, contact or email MST1 Ian M. Fallon, U.S. Coast
Guard Marine Safety Unit Toledo, at (419) 418-6036 or
Ian.M.Fallon@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
TFR Temporary Final Rule
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 an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. Additional details regarding emergent event were received
after the annual permitting process but not received in sufficient time
for the Coast Guard to solicit public comments before the start of the
event. Thus, waiting for a notice and comment period to run would
inhibit the Coast Guard from protecting the public and vessels from the
hazards associated with the event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary 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 to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
On Saturday, September 28, 2013, from 5 a.m. to 7 p.m. an organized
racing event will take place on the Maumee River in which participants
rowing shell boats from the Norfolk and Southern Bridge at River Mile
1.80 to the Anthony Wayne Bridge at River Mile 5.16 on the Maumee River
in Toledo, OH. The Captain of the Port Detroit has determined that this
boat race, which is in close proximity to watercraft and in the
shipping channel pose extra and unusual hazards to public safety and
property, including potential collisions, allisions, and individuals
falling in the water. Establishing a special local regulated area is
necessary to protect persons and property at these events and help
minimize the associated risks.
C. Discussion of Rule
This rule will be effective and enforced 5 a.m. until 7 p.m. on
September 28, 2013. The Coast Guard requires that all vessels
transiting the area proceed at a no-wake speed and maintain extra
vigilance at all times.
Vessel traffic may proceed down the West side of the river at a no
wake speed during racing. The races will stop for oncoming freighter or
commercial traffic. The on-scene representative or event sponsor
representatives may permit vessels to transit the area when no race
activity is occurring. The on-scene representative may be present on
any Coast Guard, state or local law enforcement vessel assigned to
patrol the event.
This temporary Special Local Regulation will encompass all U.S.
waters on the Maumee River, Toledo, OH from the Norfolk and Southern
Railway Bridge at River Mile 1.80 to the Anthony Wayne Bridge at River
Mile 5.16.
The Captain of the Port will notify the affected segments of the
public of the enforcement of this Special Local Regulation by all
appropriate means, including a Broadcast Notice to Mariners and Local
Notice to Mariners.
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 and executive orders.
1. Regulatory Planning and Review
This temporary final 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 Order. We conclude that this
temporary final 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 temporary Special Local Regulation will be
relatively small and be enforced for a relatively short time. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal.
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
temporary final rule will not have a significant economic impact on a
substantial number of small entities.
This temporary final rule will affect the following entities, some
of which might be small entities: the owners or operators of vessels
intending to transit or anchor in the portion of the Maumee River
discussed above from 5 a.m. until 7 p.m. on September 28, 2012.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section 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
[[Page 58877]]
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 temporary final rule will call 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 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. 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 an 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 that 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 is
categorically excluded under figure 2-1, paragraph (34)(h), of the
Instruction. During the annual permitting process for this boat racing
event an environmental analysis was conducted to include the effects of
this special local regulation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, 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 temporary Sec. 100.T09-0839 to read as follows:
Sec. 100.T09-0839 Special Local Regulation, Frogtown Race Regatta,
Toledo, OH.
(a) Location. The regulated area includes all U.S. navigable waters
of the Maumee River, Toledo, OH, from the Norfolk and Southern Railway
Bridge at River Mile 1.80 to the Anthony Wayne Bridge at River Mile
5.16.
(b) Effective and enforcement period. This section will be
effective and enforced from 5 a.m. until 7 p.m. on September 28, 2013.
(c) Regulations. (1) Consistent with Sec. 100.901 of this part,
vessels transiting within the regulated area shall travel at a no-wake
speed and remain vigilant at all times. Additionally, vessels within
the regulated area must yield right-of-way for event participants and
event safety craft. Commercial vessels will have right-of-way over
event participants, and event safety craft.
(2) The ``on-scene representative'' of the Captain of the Port,
Sector Detroit is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the Captain of the Port, Sector
Detroit to act on his behalf. The on-scene representative of the
Captain of the Port, Sector Detroit will be aboard either a Coast Guard
or Coast Guard Auxiliary vessel. The Captain of the Port, Sector
Detroit or his designated on scene representative may be contacted via
VHF Channel 16.
(3) Vessel operators entering or operating in the special local
regulated area must comply with all directions given to them by the
Captain of the Port, Sector Detroit or his on-scene representative.
Dated: September 13, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-23286 Filed 9-24-13; 8:45 am]
BILLING CODE 9110-04-P
