Special Local Regulation; Detroit Offshore Grand Prix, Detroit River, Detroit, MI, 52556-52559 [2014-21035]
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Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
By direction of the Commission.
Janice Podoll Frankle,
Acting Secretary.
[FR Doc. 2014–20842 Filed 9–3–14; 8:45 am]
BILLING CODE 6750–01–C
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under
the International Regulations for
Preventing Collisions at Sea, 1972
AGENCY:
ACTION:
Department of the Navy, DoD.
Final rule.
The Department of the Navy
(DoN) is amending its certifications and
exemptions under the International
Regulations for Preventing Collisions at
Sea, 1972 (72 COLREGS), to reflect that
the Deputy Assistant Judge Advocate
General (DAJAG)(Admiralty and
Maritime Law) has determined that USS
BREMERTON (SSN 698) is a vessel of
the Navy which, due to its special
construction and purpose, cannot fully
comply with certain provisions of the 72
COLREGS without interfering with its
special function as a naval ship. The
intended effect of this rule is to warn
SUMMARY:
mariners in waters where 72 COLREGS
apply.
DATES: This rule is effective September
4, 2014 and is applicable beginning
August 13, 2014.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Jocelyn Loftus-Williams,
(Admiralty and Maritime Law), Office of
the Judge Advocate General, Department
of the Navy, 1322 Patterson Ave. SE.,
Suite 3000, Washington Navy Yard, DC
20374–5066, telephone 202–685–5040.
SUPPLEMENTARY INFORMATION: Pursuant
to the authority granted in 33 U.S.C.
1605, the DoN amends 32 CFR Part 706.
This amendment provides notice that
the DAJAG (Admiralty and Maritime
Law), under authority delegated by the
Secretary of the Navy, has certified that
USS BREMERTON (SSN 698) is a vessel
of the Navy which, due to its special
construction and purpose, cannot fully
comply with the following specific
provisions of 72 COLREGS without
interfering with its special function as a
naval ship: Rule 21(a) pertaining to the
location of the masthead light over the
fore and aft centerline of the ship. The
DAJAG (Admiralty and Maritime Law)
has also certified that the light involved
is located in closest possible compliance
with the applicable 72 COLREGS
requirements.
Moreover, it has been determined, in
accordance with 32 CFR Parts 296 and
701, that publication of this amendment
for public comment prior to adoption is
impracticable, unnecessary, and
contrary to public interest since it is
based on technical findings that the
placement of lights on this vessel in a
manner differently from that prescribed
herein will adversely affect the vessel’s
ability to perform its military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water),
Vessels.
For the reasons set forth in the
preamble, the DoN amends part 706 of
title 32 of the Code of Federal
Regulations as follows:
PART 706—CERTIFICATIONS AND
EXEMPTIONS UNDER THE
INTERNATIONAL REGULATIONS FOR
PREVENTING COLLISIONS AT SEA,
1972
1. The authority citation for part 706
continues to read as follows:
■
Authority: 33 U.S.C. 1605.
2. Section 706.2 is amended in Table
Two by adding, in alpha numerical
order, by vessel number, an entry for
USS BREMERTON (SSN 698) to read as
follows:
■
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
*
*
*
*
TABLE TWO
Vessel
Masthead
lights,
distance to
stbd of keel in
meters; Rule
21(a)
No.
*
USS BREMERTON
*
SSN 698
*
*
*
*
Forward
anchor light,
distance
below flight dk
in meters;
§ 2(K),
Annex I
*
0.41
.......................
*
*
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Approved: August 25, 2014.
A.B. Fischer,
Captain, JAGC, U.S. Navy, Deputy Assistant
Judge Advocate, General (Admiralty and
Maritime Law).
Dated: August 27, 2014.
N.A. Hagerty-Ford,
Commander, Office of the Judge Advocate
General, U.S. Navy, Federal Register Liaison
Officer.
[FR Doc. 2014–21028 Filed 9–3–14; 8:45 am]
BILLING CODE 3810–FF–P
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16:31 Sep 03, 2014
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33 CFR Part 100
[Docket No. USCG–2014–0729]
RIN 1625–AA08
Special Local Regulation; Detroit
Offshore Grand Prix, Detroit River,
Detroit, MI
Coast Guard, DHS.
ACTION: Temporary final rule.
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*
Coast Guard
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DEPARTMENT OF HOMELAND
SECURITY
PO 00000
Side lights,
distance
below flight dk
in meters;
§ 2(g), Annex I
*
AGENCY:
Jkt 232001
AFT anchor
light, number
of; Rule
30(a)(ii)
*
*
*
AFT anchor
light, distance
below flight dk
in meters;
Rule 21(e),
Rule 30(a)(ii)
Forward
anchor light,
number of;
Rule 30(a)(i)
Sfmt 4700
*
Side lights,
distance forward of forward masthead light in
meters;
§ 3(b), Annex I
Side lights,
distance inboard of ship’s
sides in
meters;
§ 3(b), Annex I
*
.......................
.......................
*
The Coast Guard is
establishing a Special Local Regulation
for a series of powerboat races located
in the Captain of the Port Detroit Zone
on the Detroit River, Detroit, Michigan.
This action is necessary to provide for
the safety of life and property on
navigable waters during this event. This
special local regulation will establish
restrictions upon, and control
movement of, vessels in a portion of the
Detroit River during the Detroit Offshore
Grand Prix events.
SUMMARY:
This temporary final rule is
effective from 12 p.m. on September 6
until 6 p.m. on September 7, 2014; and
DATES:
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will be enforced from 12 p.m. to 6 p.m.
on September 6, 2014, and from 11 a.m.
to 6 p.m. on September 7, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0729. To view documents
mentioned in this preamble as being
available in the docket, go to
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box, and
click ‘‘Search.’’ You may visit the
Docket Management Facility,
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LT Adrian
Palomeque, Prevention Department,
Sector Detroit, Coast Guard; telephone
(313) 568–9508, email
Adrian.F.Palomeque@uscg.mil. If you
have questions on viewing the docket,
call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826, or 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
VerDate Mar<15>2010
16:31 Sep 03, 2014
Jkt 232001
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 to run
would be impracticable and contrary to
the public interest.
representative may be contacted via
VHF Channel 16.
B. Basis and Purpose
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We conclude that this rule is not a
significant regulatory action because we
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The special
local regulation created by this rule will
be of relatively small size and short
duration, and it is designed to minimize
the impact on navigation. Moreover,
vessels may still transit through the
regulated area when permitted by the
Captain of the Port or his on-scene
representative.
The legal basis for the rule is the
Coast Guard’s authority to issue
regulations to promote the safety of life
on navigable waters during regattas or
marine parades: 33 U.S.C. 1233.
The Coast Guard was informed that
on September 6, 2014 from 12 p.m. until
6 p.m., and on September 7, 2014 from
11 a.m. to 6 p.m., OPA Racing LLC will
hold powerboat races that will require
the immediate area to be clear of all
vessel traffic. The likely combination of
powerboats traveling at high speeds,
large numbers of recreation vessels, and
large numbers of spectators in close
proximity to the water could result in
serious injuries or fatalities. Thus, the
Captain of the Port Detroit has
determined that establishing a Special
Local Regulation around the location of
the race’s course will help minimize
risks to safety of life and property
during this event.
C. Discussion of Rule
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking with
respect to this rule because waiting for
a notice and comment period to run
would be impracticable, unnecessary,
and contrary to the public interest. The
final details of this boat race were not
known to the Coast Guard with
sufficient time for the Coast Guard to
solicit public comments before the start
of the event. Thus, delaying this
temporary rule to wait for a notice and
comment period to run would be
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect the
public from the hazards associated with
power boat race.
52557
In light of the aforementioned
hazards, the Captain of the Port Detroit
has determined that a Special Local
Regulation is necessary to protect
spectators, vessels, and participants.
The Special Local Regulation will
encompass all U.S. waters of the Detroit
River, beginning at a point on land near
the Chene Park Pavilion at position
42°20′03″ N, 083°01′12″ W; southerly to
the international boundary at position
42°19′47″ N, 083°01′04″ W; then
downriver along the international
boundary to position 42°18′53″ N,
083°04′07″ W; then northerly to a point
on land approximately 650 yards
upriver from the Ambassador Bridge at
position 42°19′03″ N, 083°04′12″ W;
before proceeding along the shoreline
upriver to the point of origin. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
This regulation will be enforced from 12
p.m. to 6 p.m. on September 6, 2014,
and from 11 a.m. to 6 p.m. on
September 7, 2014.
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
PO 00000
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D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based these statutes or executive orders.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
this portion of the Detroit River adjacent
to Detroit, MI between the hours 12 p.m.
to 6 p.m. on September 6, 2014, and
from 11 a.m. to 6 p.m. on September 7,
2014.
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Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
This special local regulation will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: this rule will
only be in effect and enforced for six
hours on September 6, and seven hours
on September 7. Traffic may be allowed
to pass through the regulated area with
the permission of the Captain of the
Port, who 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 to that they can
better evaluate its effects on them. If this
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
4. Collection of Information
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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.
16:31 Sep 03, 2014
Jkt 232001
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 will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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6. Protest Activities
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
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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 the
establishment of a special local
regulation issued in conjunction with a
regatta or marine parade, and, therefore
it is categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction.
During the annual permitting process
for this event an environmental analysis
was conducted, and thus, no
preliminary environmental analysis
checklist or Categorical Exclusion
Determination (CED) are required for
this rulemaking action. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T09–0729 to read as
follows:
■
§ 100.T09–0729 Special Local Regulation;
Detroit Offshore Grand Prix, Detroit, MI.
(a) Regulated Area. A regulated area is
established to include all U.S. waters of
the Detroit River, beginning at a point
on land near the Chene Park Pavilion at
position 42°20′’03″ N, 083°01′12″ W;
southerly to the international boundary
at position 42°19′47″ N, 083°01′04″ W;
then downriver along the international
boundary to position 42°18′53″ N,
083°04′07″ W; then northerly to a point
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on land approximately 650 yards
upriver from the Ambassador Bridge at
position 42°19′03″ N, 083°04′12″ W;
before proceeding along the shoreline
upriver to the point of origin (NAD 83).
(b) Effective and enforcement period.
This section is effective from 12 p.m. on
September 6 until 6 p.m. on September
7, 2014; and will be enforced from 12
p.m. to 6 p.m. on September 6, 2014,
and from 11 a.m. to 6 p.m. on
September 7, 2014.
(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) Commercial vessels will have
right-of-way over event participants.
The races will stop for oncoming
freighter or commercial traffic and will
resume after the vessel has completed
its passage through the regulated area.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port 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
Detroit to act on his behalf.
(4) 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. 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. The
Captain of the Port Detroit or his onscene representative may be contacted
via VHF Channel 16 or at 313–568–
9464.
Dated: August 18, 2014.
S. B. Lemasters,
Captain, U. S. Coast Guard, Captain of the
Port Detroit.
DEPARTMENT OF HOMELAND
SECURITY
Documents mentioned in
this preamble are part of docket USCG–
2013–0874. 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.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Rusty Wright, U.S. Coast
Guard, District Eight Waterways
Management Branch; telephone 504–
671–2138, rusty.h.wright@uscg.mil. If
you have questions on the docket, call
Cheryl F. Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
A. Regulatory History and Information
Coast Guard
33 CFR Part 147
[Docket Number USCG–2013–0874]
RIN 1625–AA00
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This rule is effective October 6,
2014.
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
USCG United States Coast Guard
BILLING CODE 9110–04–P
Safety Zones, Facilities on the Outer
Continental Shelf in the Gulf of Mexico
On April 9, 2014 we published a
Notice of Proposed Rulemaking (NPRM)
with a request for comments entitled,
‘‘Safety Zones, Facilities on the Outer
Continental Shelf in the Gulf of Mexico’’
in the Federal Register (79 FR 19569).
We received no comments on the
NPRM.
B. Basis and Purpose
Coast Guard, DHS.
ACTION: Final rule.
AGENCY:
The Coast Guard is
establishing safety zones around four
SUMMARY:
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DATES:
Table of Acronyms
[FR Doc. 2014–21035 Filed 9–3–14; 8:45 am]
VerDate Mar<15>2010
Chevron North America (Chevron)
facilities located on the Outer
Continental Shelf (OCS) in the Gulf of
Mexico. The facilities are listed in the
Supplementary Information.The
purpose of these safety zones is to
protect each facility from vessels
operating outside the normal shipping
channels and fairways. Placing a safety
zone around each facility will
significantly reduce the threat of
allisions, oil spills, and releases of
natural gas, and thereby protect the
safety of life, property, and the
environment.
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Under the authority provided in 14
U.S.C. 85, 43 U.S.C. 1333, and
Department of Homeland Security
Delegation No. 0170.1, Title 33, CFR
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52559
Part 147 permits the establishment of
safety zones for facilities located on the
OCS for the purpose of protecting life,
property and the marine environment.
Chevron requested that the Coast Guard
establish safety zones around four of its
facilities located in the deepwater area
of the Gulf of Mexico on the OCS.
Placing a safety zone around each of
these four facilities significantly reduces
the threat of allisions, oil spills, and
releases of natural gas, and thereby
protects the safety of life, property, and
the environment. The facilities are as
follows:
(1) The Jack St. Malo Semi-Sub
Facility located in Walker Ridge Block
718;
(2) The Petronius Compliant Tower
Facility located in Viosca Knoll Block
786;
(3) The Blind Faith Semi-Sub Facility
located in Mississippi Canyon Block
650; and
(4) The Tahiti SPAR Facility located
in Green Canyon Block 641.
For the purpose of safety zones
established under 33 CFR part 147, the
deepwater area is considered to be
waters of 304.8 meters (1,000 feet) or
greater depth extending to the limits of
the Exclusive Economic Zone (EEZ)
contiguous to the territorial sea of the
United States and extending to a
distance up to 200 nautical miles from
the baseline from which the breadth of
the sea is measured. Navigation in the
vicinity of each safety zone consists of
large commercial shipping vessels,
fishing vessels, cruise ships, tugs with
tows and the occasional recreational
vessel. The deepwater area also includes
an extensive system of fairways.
C. Discussion of Comments, Changes
and the Final Rule
We received no comments in response
to the proposed rule. There is one
technical amendment to the final rule
regarding the name of one of the
facilities. In the NPRM, the first listed
facility requesting a safety zone was
listed as ‘‘The Jack & St Malo Semi-Sub
Facility.’’ The Coast Guard was notified
by Chevron that the facility name
should be ‘‘The Jack St. Malo.’’ In this
final rule the Coast Guard has corrected
the name throughout the rulemaking
and regulatory text. Otherwise, this rule
is publishing as proposed without
change.
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.
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[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Rules and Regulations]
[Pages 52556-52559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21035]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2014-0729]
RIN 1625-AA08
Special Local Regulation; Detroit Offshore Grand Prix, Detroit
River, Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a Special Local Regulation for
a series of powerboat races located in the Captain of the Port Detroit
Zone on the Detroit River, Detroit, Michigan. This action is necessary
to provide for the safety of life and property on navigable waters
during this event. This special local regulation will establish
restrictions upon, and control movement of, vessels in a portion of the
Detroit River during the Detroit Offshore Grand Prix events.
DATES: This temporary final rule is effective from 12 p.m. on September
6 until 6 p.m. on September 7, 2014; and
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will be enforced from 12 p.m. to 6 p.m. on September 6, 2014, and from
11 a.m. to 6 p.m. on September 7, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0729. To view documents mentioned in this preamble as being
available in the docket, go to www.regulations.gov, type the docket
number in the ``SEARCH'' box, and click ``Search.'' You may visit the
Docket Management Facility, Department of Transportation, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Adrian Palomeque, Prevention
Department, Sector Detroit, Coast Guard; telephone (313) 568-9508,
email Adrian.F.Palomeque@uscg.mil. If you have questions on viewing the
docket, call Ms. Cheryl Collins, Program Manager, Docket Operations,
telephone 202-366-9826, or 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because waiting for a notice and comment period to
run would be impracticable, unnecessary, and contrary to the public
interest. The final details of this boat race were not known to the
Coast Guard with sufficient time for the Coast Guard to solicit public
comments before the start of the event. Thus, delaying this temporary
rule to wait for a notice and comment period to run would be
impracticable and contrary to the public interest because it would
inhibit the Coast Guard's ability to protect the public from the
hazards associated with power boat race.
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 to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
issue regulations to promote the safety of life on navigable waters
during regattas or marine parades: 33 U.S.C. 1233.
The Coast Guard was informed that on September 6, 2014 from 12 p.m.
until 6 p.m., and on September 7, 2014 from 11 a.m. to 6 p.m., OPA
Racing LLC will hold powerboat races that will require the immediate
area to be clear of all vessel traffic. The likely combination of
powerboats traveling at high speeds, large numbers of recreation
vessels, and large numbers of spectators in close proximity to the
water could result in serious injuries or fatalities. Thus, the Captain
of the Port Detroit has determined that establishing a Special Local
Regulation around the location of the race's course will help minimize
risks to safety of life and property during this event.
C. Discussion of Rule
In light of the aforementioned hazards, the Captain of the Port
Detroit has determined that a Special Local Regulation is necessary to
protect spectators, vessels, and participants. The Special Local
Regulation will encompass all U.S. waters of the Detroit River,
beginning at a point on land near the Chene Park Pavilion at position
42[deg]20'03'' N, 083[deg]01'12'' W; southerly to the international
boundary at position 42[deg]19'47'' N, 083[deg]01'04'' W; then
downriver along the international boundary to position 42[deg]18'53''
N, 083[deg]04'07'' W; then northerly to a point on land approximately
650 yards upriver from the Ambassador Bridge at position 42[deg]19'03''
N, 083[deg]04'12'' W; before proceeding along the shoreline upriver to
the point of origin. All geographic coordinates are North American
Datum of 1983 (NAD 83). This regulation will be enforced from 12 p.m.
to 6 p.m. on September 6, 2014, and from 11 a.m. to 6 p.m. on September
7, 2014.
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 these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The special local regulation created by this
rule will be of relatively small size and short duration, and it is
designed to minimize the impact on navigation. Moreover, vessels may
still transit through the regulated area when permitted by the Captain
of the Port or his on-scene representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in this portion of the Detroit River
adjacent to Detroit, MI between the hours 12 p.m. to 6 p.m. on
September 6, 2014, and from 11 a.m. to 6 p.m. on September 7, 2014.
[[Page 52558]]
This special local regulation will not have a significant economic
impact on a substantial number of small entities for the following
reasons: this rule will only be in effect and enforced for six hours on
September 6, and seven hours on September 7. Traffic may be allowed to
pass through the regulated area with the permission of the Captain of
the Port, who 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 to that they can better evaluate
its effects on them. If this rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against entities
that question or complain about this rule or any policy or action of
the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. 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 the establishment of a special local regulation
issued in conjunction with a regatta or marine parade, and, therefore
it is categorically excluded from further review under paragraph 34(h)
of Figure 2-1 of the Commandant Instruction. During the annual
permitting process for this event an environmental analysis was
conducted, and thus, no preliminary environmental analysis checklist or
Categorical Exclusion Determination (CED) are required for this
rulemaking action. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.T09-0729 to read as follows:
Sec. 100.T09-0729 Special Local Regulation; Detroit Offshore Grand
Prix, Detroit, MI.
(a) Regulated Area. A regulated area is established to include all
U.S. waters of the Detroit River, beginning at a point on land near the
Chene Park Pavilion at position 42[deg]20''03'' N, 083[deg]01'12'' W;
southerly to the international boundary at position 42[deg]19'47'' N,
083[deg]01'04'' W; then downriver along the international boundary to
position 42[deg]18'53'' N, 083[deg]04'07'' W; then northerly to a point
[[Page 52559]]
on land approximately 650 yards upriver from the Ambassador Bridge at
position 42[deg]19'03'' N, 083[deg]04'12'' W; before proceeding along
the shoreline upriver to the point of origin (NAD 83).
(b) Effective and enforcement period. This section is effective
from 12 p.m. on September 6 until 6 p.m. on September 7, 2014; and will
be enforced from 12 p.m. to 6 p.m. on September 6, 2014, and from 11
a.m. to 6 p.m. on September 7, 2014.
(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) Commercial vessels will have right-of-way over event
participants. The races will stop for oncoming freighter or commercial
traffic and will resume after the vessel has completed its passage
through the regulated area.
(3) The ``on-scene representative'' of the Captain of the Port
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 Detroit to act on his behalf.
(4) 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. 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. The Captain of the Port Detroit or his on-
scene representative may be contacted via VHF Channel 16 or at 313-568-
9464.
Dated: August 18, 2014.
S. B. Lemasters,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2014-21035 Filed 9-3-14; 8:45 am]
BILLING CODE 9110-04-P
