Special Local Regulation; Wy-Hi Rowing Regatta; Detroit River, Trenton Channel; Wyandotte, MI, 23422-23425 [2016-09275]
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Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations
certification requirements of 14 CFR
part 36. The FAA must issue a finding
of regulatory adequacy under § 611 of
Public Law 92–574, the ‘‘Noise Control
Act of 1972.’’
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type-certification basis under
§ 21.17(a)(2).
jstallworth on DSK7TPTVN1PROD with RULES
Novel or Unusual Design Features
The Model GVII–G500 series airplane
will incorporate the following novel or
unusual design feature: An electronic
flight-control system that provides
control of the airplane through pilot
inputs to the flight computer.
Current 14 CFR part 25 airworthiness
regulations account for control laws for
which aileron deflection is proportional
to control-stick deflection. The
regulations do not address
nonlinearities or other effects on aileron
actuation that electronic flight controls
may cause. Because this type of system
may affect flight loads, and therefore the
structural capability of the airplane,
specific regulations are needed to
address these effects.
Discussion
The current design roll maneuver
requirement for structural loads in 14
CFR part 25 is inadequate for addressing
airplanes with electronic flight controls
that affect maneuvering. These special
conditions adjust the current roll
maneuver requirement, § 25.349(a), to
take into account the effects of an
electronic flight control system.
These special conditions differ from
current requirements in that they
require roll maneuvers to result from
defined movements of the flightdeck
roll control, as opposed to defined
aileron deflections. Also, the special
conditions require an additional load
condition at VA, in which the flightdeck
roll control is returned to neutral
following the initial roll input.
These special conditions are limited
to the roll axis only. Special conditions
are no longer needed for the yaw axis
because § 25.351 was revised at
Amendment 25–91 to account for the
effects of an electronic flight-control
system.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
Applicability
As discussed above, these special
conditions are applicable to the
Gulfstream Model GVII–G500 airplane.
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Should Gulfstream apply at a later date
for a change to the type certificate to
include another model incorporating the
same novel or unusual design feature,
these special conditions would apply to
that model as well.
Conclusion
This action affects only a certain
novel or unusual design feature on one
model series of airplanes. It is not a rule
of general applicability.
The substance of these special
conditions has been subjected to the
notice and comment period in several
prior instances and has been derived
without substantive change from those
previously issued. It is unlikely that
prior public comment would result in a
significant change from the substance
contained herein. Therefore, because a
delay would significantly affect the
certification of the airplane, the FAA
has determined that prior public notice
and comment are unnecessary and
impracticable, and good cause exists for
adopting these special conditions upon
publication in the Federal Register.
The FAA is requesting comments to
allow interested persons to submit
views that may not have been submitted
in response to the prior opportunities
for comment described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for Gulfstream Model
GVII–G500 airplanes.
The following conditions, speeds, and
flightdeck roll control motions (except
as the motions may be limited by pilot
effort) must be considered in
combination with an airplane load
factor of zero and of two-thirds of the
positive maneuvering factor used in
design. In determining the resulting
control surface deflections, the torsional
flexibility of the wing must be
considered in accordance with
§ 25.301(b):
1. Conditions corresponding to steady
rolling velocities must be investigated.
In addition, conditions corresponding to
maximum angular acceleration must be
investigated for airplanes with engines
or other weight concentrations outboard
of the fuselage. For the angular
acceleration conditions, zero rolling
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velocity may be assumed in the absence
of a rational time history investigation
of the maneuver.
2. At VA, sudden movement of the
flightdeck roll control up to the limit is
assumed. The position of the flightdeck
roll control must be maintained until a
steady roll rate is achieved and then
must be returned suddenly to the
neutral position.
3. At VC, the flightdeck roll control
must be moved suddenly and
maintained so as to achieve a roll rate
not less than that obtained in special
condition 2.
4. At VD, the flightdeck roll control
must be moved suddenly and
maintained so as to achieve a roll rate
not less than one-third of that obtained
in special condition 2.
Issued in Renton, Washington, on April 14,
2016.
Victor Wicklund,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–09326 Filed 4–20–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2016–0209]
RIN 1625–AA08
Special Local Regulation; Wy-Hi
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 4:30 p.m.
on May 7, 2016. For the purposes of
enforcement, actual notice will be used
on May 7, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0209 in the ‘‘SEARCH’’ box and click
SUMMARY:
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Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule. 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 temporary
final rule, call or email Petty Officer
Todd Manow, Prevention Department,
Sector Detroit, Coast Guard; telephone
313–568–9564, email Todd.M.Manow@
uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
jstallworth on DSK7TPTVN1PROD with RULES
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 May 7, 2016, the Wyandotte Boat
Club is holding a rowing regatta in
which at least 150 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 4:30 p.m. on May 7, 2016. This
event has taken place under the same
sponsorship in the same location
annually for the past 10 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
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be impracticable because it would
inhibit the Coast Guard’s ability to
protect 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. Having reviewed the application
for a marine event submitted by the
sponsor, 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 4:30 p.m. on May 7, 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
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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
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 nine 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 4:30 p.m. on
May 7, 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
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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 (Pub. L. 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).
jstallworth on DSK7TPTVN1PROD with RULES
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.
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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
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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 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T09–0209 to read as
follows:
■
§ 100.35T09–0209 Special Local
Regulation; Wy-Hi 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-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) Enforcement period. This section
is will be enforced from 7:30 a.m. until
4:30 p.m. on May 7, 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
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(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. 2016–09275 Filed 4–20–16; 8:45 am]
BILLING CODE 9110–04–P
regulation for the biennial Newport/
Bermuda Regatta, Narragansett Bay,
Newport, RI, from 12 p.m. to 7:30 p.m.
on Friday, June 17, 2016. A portion of
the navigable waters the East Passage,
Narragansett Bay, Newport, RI or its
approaches will be closed during the
effective period to all vessel traffic,
except local, state or Coast Guard patrol
craft. The full text of this regulation is
found in 33 CFR 100.119. This notice of
enforcement is issued under authority of
33 CFR 165.119 and 5 U.S.C. 552(a). In
addition to this notice of enforcement in
the Federal Register, the Coast Guard
plans to provide notification of this
enforcement periods via the Local
Notice to Mariners and Broadcast Notice
to Mariners.
Dated: March 30, 2016.
R.J. Schultz,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Southeastern New England.
DEPARTMENT OF HOMELAND
SECURITY
[FR Doc. 2016–09276 Filed 4–20–16; 8:45 am]
Coast Guard
BILLING CODE 9110–04–P
33 CFR Part 100
[USCG–2016–0264]
Special Local Regulation, Newport to
Bermuda Regatta, Narragansett Bay,
Newport, RI
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
the Special Local Regulation for the
biennial Newport to Bermuda Regatta,
Narragansett Bay, Rhode Island, from 12
p.m. to 7:30 p.m. on Friday, June 17,
2016. This action is necessary to ensure
the safety of all participants and
spectators from the inherent dangers
associated with these types of races,
which include numerous large, fast
sailing vessels and hundreds of
spectator vessels. During the
enforcement period, no person or vessel
may enter or remain in the regulated
area except for participants in the event,
supporting personnel, vessels registered
with the event organizer, and personnel
or vessels authorized by the Coast Guard
on-scene patrol commander.
DATES: The regulation in 33 CFR
100.119 will be enforced from 12 p.m.
to 7:30 p.m. on June 17, 2016.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Mr. Edward
LeBlanc, Waterways Management,
Sector Southeastern New England, (401)
435–2351, email edward.g.leblanc@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
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SUMMARY:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2016–0132; FRL–9945–09–
Region 6]
Approval and Promulgation of
Implementation Plans; State of
Louisiana; Revisions to the State
Implementation Plan; Fee Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking a direct final
action to approve revisions to the
Louisiana State Implementation Plan
(SIP) related to the Fee Regulations
section of the Louisiana SIP that were
submitted by the State of Louisiana on
February 23, 2016. The EPA has
evaluated the SIP submittal from
Louisiana and determined these
revisions are consistent with the
requirements of the Clean Air Act (Act
or CAA). The EPA is approving this
action under section 110 of the Act.
DATES: This rule is effective on June 20,
2016 without further notice, unless the
EPA receives relevant adverse comment
by May 23, 2016. If the EPA receives
such comment, the EPA will publish a
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2016–0132, at https://
SUMMARY:
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23425
www.regulations.gov or via email to
donaldson.tracie@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Tracie Donaldson, 214–665–
6633, donaldson.tracie@epa.gov. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Tracie Donaldson, 214–665–6633,
donaldson.tracie@epa.gov. To inspect
the hard copy materials, please schedule
an appointment with Tracie Donaldson
or Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
A. CAA and SIPs
Section 110 of the CAA requires
States to develop and submit to the EPA
a SIP to ensure that State air quality
meets National Ambient Air Quality
Standards. These ambient standards
currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. Each federally-approved
SIP protects air quality primarily by
addressing air pollution at its point of
origin through air pollution regulations
and control strategies. The EPA
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]]>Agencies
[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Rules and Regulations]
[Pages 23422-23425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09275]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2016-0209]
RIN 1625-AA08
Special Local Regulation; Wy-Hi Rowing Regatta; Detroit River,
Trenton Channel; Wyandotte, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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 4:30
p.m. on May 7, 2016. For the purposes of enforcement, actual notice
will be used on May 7, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0209 in the ``SEARCH'' box and click
[[Page 23423]]
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rule. 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
temporary final rule, call or email Petty Officer Todd Manow,
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9564, email Todd.M.Manow@uscg.mil. If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone 202-366-9826.
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 May 7, 2016, the Wyandotte Boat Club is holding a rowing regatta
in which at least 150 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 4:30 p.m. on May 7, 2016. This event has taken place under the same
sponsorship in the same location annually for the past 10 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 protect 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. Having reviewed the application for a marine
event submitted by the sponsor, 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 4:30 p.m. on May 7, 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
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 nine 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 4:30 p.m. on May
7, 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
[[Page 23424]]
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 (Pub. L. 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 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. 100.35T09-0209 to read as follows:
Sec. 100.35T09-0209 Special Local Regulation; Wy-Hi 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) Enforcement period. This section is will be enforced from 7:30
a.m. until 4:30 p.m. on May 7, 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
[[Page 23425]]
(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. 2016-09275 Filed 4-20-16; 8:45 am]
BILLING CODE 9110-04-P
