Special Local Regulation; Hebda Cup Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI, 22192-22194 [2016-08781]
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Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Rules and Regulations
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Paperwork Reduction Act notice.
For approval by the Office of
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[FR Doc. 2016–08720 Filed 4–14–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2016–0208]
RIN 1625–AA08
Special Local Regulation; Hebda Cup
Rowing Regatta; Detroit River, Trenton
Channel; Wyandotte, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation controlling movement of
vessels for certain waters of the Detroit
River, Trenton Channel. This action is
necessary and is intended to ensure
safety of life on navigable waters to be
used for a rowing event immediately
prior to, during, and immediately after
this event. This regulation requires
vessels to maintain a minimum speed
for safe navigation and maneuvering.
DATES: This temporary final rule is
effective from 7:30 a.m. until 3 p.m. on
April 30, 2016. For the purposes of
enforcement, actual notice will be used
on April 30, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:40 Apr 14, 2016
Jkt 238001
www.regulations.gov, type USCG–2016–
0208 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email Petty Officer
Todd Manow, Prevention Department,
Sector Detroit, Coast Guard; telephone
313–568–9508, email Todd.M.Manow@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking
II. Background History and Regulatory
Information
On April 30, 2016, the Wyandotte
Boat Club is holding a rowing regatta in
which at least 100 youth rowers will
participate in a race in the Trenton
Channel, a tributary of the Detroit River.
Due to the projected amount of humanpowered watercraft on the water, there
is a need to require vessels in the
affected waterways to maintain a
minimum speed for safe navigation. The
rowing regatta will occur between 7:30
a.m. and 3 p.m. on April 30, 2016. This
event has taken place under the same
sponsorship in the same location
annually for the past 51 years.
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. The final
details of this event were not known to
the Coast Guard until there was
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 impracticable because it would
inhibit the Coast Guard’s ability to event
participants, spectators, and other
waterway users during this youth
rowing regatta.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
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Sfmt 4700
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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231, 33
CFR 1.05–1 and 160.5; and Department
of Homeland Security Delegation No.
0170.1. The Captain of the Port Detroit
(COTP) has determined that the likely
combination of recreation vessels,
commercial vessels, and an unknown
number of spectators in close proximity
to a youth rowing regatta along the
water pose extra and unusual hazards to
public safety and property. Therefore,
the COTP is establishing a Special Local
Regulation around the event location to
help minimize risks to safety of life and
property during this event.
IV. Discussion of Rule
This rule establishes a temporary
special local regulation from 7:30 a.m.
until 3 p.m. on April 30, 2016. In light
of the aforementioned hazards, the
COTP has determined that a special
local regulation is necessary to protect
spectators, vessels, and participants.
The special local regulation will
encompass the following waterway: All
waters of the Detroit River, Trenton
Channel between the following two
lines going from bank-to-bank: The first
line is drawn directly across the channel
from position 42°11.0′ N., 083°09.4′ W.
(NAD 83); the second line, to the north,
is drawn directly across the channel
from position 42°11.7′ N., 083°8.9′ W.
(NAD 83).
An on-scene representative of the
COTP 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. Vessel operators desiring to
transit through the regulated area must
contact the Coast Guard Patrol
Commander to obtain permission to do
so. The COTP or his designated onscene representative may be contacted
via VHF Channel 16.
The COTP or his designated on-scene
representative will notify the public of
the enforcement of this rule by all
appropriate means, including a
Broadcast Notice to Mariners and Local
Notice to Mariners.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
E:\FR\FM\15APR1.SGM
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Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Rules and Regulations
based on these statutes or executive
orders.
jstallworth on DSK7TPTVN1PROD with RULES
A. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
E.O. 12866, Regulatory Planning and
Review, as supplemented by E.O. 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 E.O. 13563. The Office of
Management and Budget has not
reviewed it under those Orders.
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 only seven and a half
hours in duration, and it is designed to
minimize the impact on navigation.
Moreover, vessels may transit through
the area affected by this special local
regulation at a minimum speed for safe
navigation. Overall, the Coast Guard
expects minimal impact to vessel
movement from the enforcement of this
special local regulation.
B. Impact on Small Entities
As per the Regulatory Flexibility Act
of 1980 (RFA), 5 U.S.C. 601–612, as
amended, we have considered the
potential impact of regulations on small
entities during rulemaking. 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, Trenton
Channel in the vicinity of Wyandotte,
MI between 7:30 a.m. and 3 p.m. on
April 30, 2016.
This special local regulation will not
have a significant economic impact on
a substantial number of small entities
for the reasons cited in the Regulatory
Planning and Review section.
Additionally, before the enforcement of
the regulation, Coast Guard Sector
Detroit will issue a local Broadcast
Notice to Mariners so vessel owners and
operators can plan accordingly.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
VerDate Sep<11>2014
14:40 Apr 14, 2016
Jkt 238001
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this rule so 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.
D. 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).
E. Federalism
A rule has implications for federalism
under E.O. 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.
F. 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.
G. 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
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22193
$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.
H. 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.
I. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of E.O.
12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and
reduce burden.
J. Protection of Children
We have analyzed this rule under E.O.
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.
K. Indian Tribal Governments
This rule does not have tribal
implications under E.O. 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.
L. Energy Effects
This action is not a ‘‘significant
energy action’’ under E.O. 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
M. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
N. 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
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Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Rules and Regulations
significant effect on the human
environment. This rule involves the
establishment of a special local
regulation and is therefore categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. 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:
DEPARTMENT OF HOMELAND
SECURITY
Drawbridge Operation Regulation;
Delaware River, Delair, NJ to
Philadelphia, PA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
Authority: 33 U.S.C. 1233.
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Delair Bridge
across the Delaware River, mile 104.6,
between Philadelphia PA and Delair, NJ.
The deviation is necessary to perform
bridge repairs. This deviation allows the
bridge to remain in the closed-tonavigation position.
DATES: This deviation is effective from
5 a.m. on April 30, 2016 to 5 a.m. on
June 11, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0228] is
available at 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 deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mrs. Traci
Whitfield, Bridge Administration
Branch Fifth District, Coast Guard;
telephone (757) 398–6629, email
Traci.G.Whitfield@uscg.mil.
SUPPLEMENTARY INFORMATION: Conrail,
owner of the Delair Bridge, has
requested a temporary deviation from
the current operating regulation to
perform urgent repairs by replacing wire
ropes connecting the counterweights
and the lift span. The bridge is a vertical
lift-span bridge and has a vertical
clearance in the closed position of 49
feet above mean high water.
The current operating schedule is set
out in 33 CFR 117.716. Under this
SUMMARY:
2. Add § 100.35T09–0208 to read as
follows:
■
§ 100.35T09–0208 Special Local
Regulation; Hebda Cup Rowing Regatta;
Detroit River, Trenton Channel; Wyandotte,
MI.
jstallworth on DSK7TPTVN1PROD with RULES
BILLING CODE 9110–04–P
[Docket No. USCG–2016–0228]
1. The authority citation for part 100
continues to read as follows:
(a) Regulated area. A regulated area is
established to encompass the following
waterway: All waters of the Detroit
River, Trenton Channel between the
following two lines going from bank-tobank: The first line is drawn directly
across the channel from position
42°11.0′ N., 083°9.4′ W. (NAD 83); the
second line, to the north, is drawn
directly across the channel from
position 42°11.7′ N., 083°8.9′ W. (NAD
83).
(b) Effective period. This section is
effective and will be enforced from 7:30
a.m. until 3 p.m. on April 30, 2016.
(c) Regulations. (1) Vessels transiting
through the regulated area are to
maintain the minimum speeds for safe
navigation.
(2) Vessel operators desiring to
operate in the regulated area must
contact the Coast Guard Patrol
Commander to obtain permission to do
so. The Captain of the Port Detroit
(COTP) or his on-scene representative
may be contacted via VHF Channel 16
or at 313–568–9560. Vessel operators
given permission to operate within the
regulated area must comply with all
directions given to them by the COTP or
his on-scene representative.
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[FR Doc. 2016–08781 Filed 4–14–16; 8:45 am]
33 CFR Part 117
■
14:40 Apr 14, 2016
Dated: March 25, 2016.
Scott B. Lemasters,
Captain, U. S. Coast Guard, Captain of the
Port Detroit.
Coast Guard
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
VerDate Sep<11>2014
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the COTP to act on his behalf.
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temporary deviation, the bridge will
remain in the closed-to-navigation
position from 5 a.m. April 30, 2016 to
5 a.m. May 7, 2016; from 5 a.m. May 14,
2016 to 5 a.m. May 21, 2016; and from
5 a.m. June 4, 2016 to 5 a.m. June 11,
2016. The lift span will not be able to
open since one counterweight will be
detached until the end of the repair
work.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will not be able
to open for emergencies and there is no
immediate alternate route for vessels
unable to pass through the bridge in the
closed position. The rope replacement
construction schedule was developed
through the coordination with Coast
Guard Sector Delaware Bay and the
Mariners’ Advisory Committee for the
Bay and River Delaware (MAC). The
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35 (e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: April 11, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2016–08690 Filed 4–14–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2014–0636; FRL–9944–93–
Region 9]
Adequacy Status of Motor Vehicle
Emissions Budgets in Submitted PM2.5
Moderate Area Plan for San Joaquin
Valley; California
Environmental Protection
Agency (EPA).
ACTION: Notice of adequacy.
AGENCY:
The Environmental Protection
Agency (EPA) is notifying the public
that the Agency has found that the
motor vehicle emissions budgets
(MVEBs or ‘‘budgets’’) for the years 2014
and 2017 in the San Joaquin Valley
Moderate Area Plan, as revised in a
SUMMARY:
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Agencies
[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Rules and Regulations]
[Pages 22192-22194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08781]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2016-0208]
RIN 1625-AA08
Special Local Regulation; Hebda Cup Rowing Regatta; Detroit
River, Trenton Channel; Wyandotte, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation controlling movement of vessels for certain waters of the
Detroit River, Trenton Channel. This action is necessary and is
intended to ensure safety of life on navigable waters to be used for a
rowing event immediately prior to, during, and immediately after this
event. This regulation requires vessels to maintain a minimum speed for
safe navigation and maneuvering.
DATES: This temporary final rule is effective from 7:30 a.m. until 3
p.m. on April 30, 2016. For the purposes of enforcement, actual notice
will be used on April 30, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0208 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Petty Officer Todd Manow,
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9508, email Todd.M.Manow@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking
II. Background History and Regulatory Information
On April 30, 2016, the Wyandotte Boat Club is holding a rowing
regatta in which at least 100 youth rowers will participate in a race
in the Trenton Channel, a tributary of the Detroit River. Due to the
projected amount of human-powered watercraft on the water, there is a
need to require vessels in the affected waterways to maintain a minimum
speed for safe navigation. The rowing regatta will occur between 7:30
a.m. and 3 p.m. on April 30, 2016. This event has taken place under the
same sponsorship in the same location annually for the past 51 years.
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. The final details of this event were not known to the
Coast Guard until there was 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 impracticable because
it would inhibit the Coast Guard's ability to event participants,
spectators, and other waterway users during this youth rowing regatta.
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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. The Captain of the Port Detroit (COTP) has
determined that the likely combination of recreation vessels,
commercial vessels, and an unknown number of spectators in close
proximity to a youth rowing regatta along the water pose extra and
unusual hazards to public safety and property. Therefore, the COTP is
establishing a Special Local Regulation around the event location to
help minimize risks to safety of life and property during this event.
IV. Discussion of Rule
This rule establishes a temporary special local regulation from
7:30 a.m. until 3 p.m. on April 30, 2016. In light of the
aforementioned hazards, the COTP has determined that a special local
regulation is necessary to protect spectators, vessels, and
participants. The special local regulation will encompass the following
waterway: All waters of the Detroit River, Trenton Channel between the
following two lines going from bank-to-bank: The first line is drawn
directly across the channel from position 42[deg]11.0' N.,
083[deg]09.4' W. (NAD 83); the second line, to the north, is drawn
directly across the channel from position 42[deg]11.7' N., 083[deg]8.9'
W. (NAD 83).
An on-scene representative of the COTP 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. Vessel operators desiring to transit through the
regulated area must contact the Coast Guard Patrol Commander to obtain
permission to do so. The COTP or his designated on-scene representative
may be contacted via VHF Channel 16.
The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
[[Page 22193]]
based on these statutes or executive orders.
A. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O.
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 E.O. 13563. The Office of
Management and Budget has not reviewed it under those Orders.
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 only seven and a half hours in duration, and
it is designed to minimize the impact on navigation. Moreover, vessels
may transit through the area affected by this special local regulation
at a minimum speed for safe navigation. Overall, the Coast Guard
expects minimal impact to vessel movement from the enforcement of this
special local regulation.
B. Impact on Small Entities
As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered the potential impact of regulations
on small entities during rulemaking. 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, Trenton Channel
in the vicinity of Wyandotte, MI between 7:30 a.m. and 3 p.m. on April
30, 2016.
This special local regulation will not have a significant economic
impact on a substantial number of small entities for the reasons cited
in the Regulatory Planning and Review section. Additionally, before the
enforcement of the regulation, Coast Guard Sector Detroit will issue a
local Broadcast Notice to Mariners so vessel owners and operators can
plan accordingly.
C. 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 so 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.
D. 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).
E. Federalism
A rule has implications for federalism under E.O. 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.
F. 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.
G. 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.
H. 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.
I. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
J. Protection of Children
We have analyzed this rule under E.O. 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.
K. Indian Tribal Governments
This rule does not have tribal implications under E.O. 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.
L. Energy Effects
This action is not a ``significant energy action'' under E.O.
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use.
M. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
N. 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
[[Page 22194]]
significant effect on the human environment. This rule involves the
establishment of a special local regulation and is therefore
categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. 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. 100.35T09-0208 to read as follows:
Sec. 100.35T09-0208 Special Local Regulation; Hebda Cup Rowing
Regatta; Detroit River, Trenton Channel; Wyandotte, MI.
(a) Regulated area. A regulated area is established to encompass
the following waterway: All waters of the Detroit River, Trenton
Channel between the following two lines going from bank-to-bank: The
first line is drawn directly across the channel from position
42[deg]11.0' N., 083[deg]9.4' W. (NAD 83); the second line, to the
north, is drawn directly across the channel from position 42[deg]11.7'
N., 083[deg]8.9' W. (NAD 83).
(b) Effective period. This section is effective and will be
enforced from 7:30 a.m. until 3 p.m. on April 30, 2016.
(c) Regulations. (1) Vessels transiting through the regulated area
are to maintain the minimum speeds for safe navigation.
(2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit (COTP) or his on-scene representative
may be contacted via VHF Channel 16 or at 313-568-9560. Vessel
operators given permission to operate within the regulated area must
comply with all directions given to them by the COTP or his on-scene
representative.
(3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the COTP to act on
his behalf.
Dated: March 25, 2016.
Scott B. Lemasters,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2016-08781 Filed 4-14-16; 8:45 am]
BILLING CODE 9110-04-P