Special Local Regulation; Frogtown Regatta, Maumee River, Toledo, OH, 44061-44063 [2017-19750]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations
The Rule
This action amends Title 14, Code of
Federal Regulations (14 CFR) part 71 by
eliminating the following language from
the legal description of Class E airspace
designated as an extension at Lemoore
NAS (Reeves Field), Lemoore, CA, ‘‘This
Class E airspace is effective during the
specific dates and times established in
advance by a Notice to Airmen. The
effective date and time will thereafter be
continuously published in the Airport/
Facility Directory’’. This is an
administrative change and does not
affect the boundaries, altitudes, or
operating requirements of the airspace,
therefore, notice and public procedure
under 5 U.S.C. 553(b) is unnecessary.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017, effective
September 15, 2017, is amended as
follows:
■
Paragraph 6004 Class E Airspace Areas
Designated as an Extension to a Class D or
Class E Surface Area.
*
*
*
*
*
AWP CA E4 Lemoore NAS, CA [Amended]
Lemoore NAS (Reeves Field), CA
(Lat. 36°19′59″ N., long. 119°57′08″ W.)
Lemoore TACAN
(Lat. 36°20′39″ N., long. 119°57′59″ W.)
That airspace extending upward from the
surface within a 5.2-mile radius of Lemoore
NAS (Reeves Field), and within 1.8 miles
each side of the Lemoore TACAN 335° and
357° radials, extending from the 5.2-mile
radius of Lemoore NAS (Reeves Field) to 7
miles northwest and north of the TACAN,
and within 1.8 miles each side of the
Lemoore TACAN 155° radial, extending from
the 5.2-mile radius to 7 miles southeast of the
TACAN.
Issued in Seattle, Washington, on
September 14, 2017.
B.G. Chew,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2017–20043 Filed 9–20–17; 8:45 am]
BILLING CODE 4910–13–P
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
asabaliauskas on DSKBBXCHB2PROD with RULES
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2017–0754]
RIN 1625–AA08
Special Local Regulation; Frogtown
Regatta, Maumee River, Toledo, OH
Lists of Subjects in 14 CFR Part 71
AGENCY:
Airspace, Incorporation by reference,
Navigation (air).
ACTION:
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
VerDate Sep<11>2014
16:39 Sep 20, 2017
Jkt 241001
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary special local
regulation for all navigable waters of the
Maumee River, Toledo, OH from the
Martin Luther King Jr. Memorial Bridge
at Maumee river mile 4.30 to the
SUMMARY:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
44061
Michael DiSalle Bridge at River mile
6.73. This regulated area is necessary to
protect spectators and vessels from
potential hazards associated with the
Frogtown Regatta. Entry of vessels or
persons into this regulated area is
prohibited unless specifically
authorized by the Captain of the Port
Detroit, or a designated representative.
DATES: This temporary final rule is
effective from 5 a.m. through 6 p.m. on
September 23, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0754 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
rule, call or email Ryan Erpelding,
Prevention Department, MSU Toledo,
Coast Guard; telephone 419–418–6037,
or email Ryan.G.Erpelding@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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 Coast
Guard did not receive the final details
of this regatta until there was
insufficient time remaining before the
event to publish an NPRM. We must
establish this area by September 23,
2017 and lack sufficient time to provide
a reasonable comment period and then
consider those comments before issuing
the rule.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), for the reasons stated
above, the Coast Guard finds that good
cause exists for making this temporary
E:\FR\FM\21SER1.SGM
21SER1
44062
Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations
rule effective less than 30 days after
publication in the Federal Register.
asabaliauskas on DSKBBXCHB2PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Detroit (COTP) has
determined that potential hazard
associated with regatta from 5 a.m.
through 6 p.m. on September 23, 2017
will be a safety concern to anyone
within waters of the Maumee River,
Toledo, OH from the Martin Luther King
Jr. Memorial Bridge at river mile 4.30 to
the Michael DiSalle Bridge at river mile
6.73. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone while the regatta
occurs.
IV. Discussion of the Rule
This rule establishes a safety zone
from 5 a.m. through 6 p.m. on
September 23, 2017. The safety zone
will encompass all U.S. navigable
waters of the Maumee River, Toledo,
OH from the Martin Luther King Jr.
Memorial Bridge at river mile 4.30 to
the Michael DiSalle Bridge at river mile
6.73. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
The Coast Guard will patrol the
regatta area under the direction of the
Captain of the Port Detroit (COTP), or a
designated representative. A designated
representative may be a Coast Guard
Patrol Commander. Vessels desiring to
transit the regulated area may do so only
with prior approval of the COTP or a
designated representative and when so
directed by that officer. Vessels will be
operated at a no wake speed to reduce
the wake to a minimum, in a manner
which will not endanger participants in
the event or any other craft and remain
vigilant for event participants and safety
craft. Additionally, vessels must yield
right-of-way for event participants and
event safety craft and must follow
directions given by the COTP or a
designated representative. The rules
contained in the above two sentences do
not apply to participants in the event or
vessels of the patrol operating in the
performance of their assigned duties.
Commercial vessels will have right-ofway over event participants and event
safety craft. The races will stop for
oncoming freighter or commercial traffic
and will resume after the vessel has
completed its passage through the
regulated area. COTP or a designated
representative may direct the anchoring,
mooring, or movement of any boat or
vessel within the regatta area. A
succession of sharp, short signals by
VerDate Sep<11>2014
16:39 Sep 20, 2017
Jkt 241001
whistle or horn from vessels patrolling
the area under the direction of the U.S.
COTP or a designated representative
shall serve as a signal to stop. Vessels
so signaled must stop and comply with
the orders of the COTP or a designated
representative. Failure to do so may
result in expulsion from the area,
citation for failure to comply, or both.
The COTP or a designated
representative may establish vessel size
and speed limitations and operating
conditions and may restrict vessel
operation within the regatta area to
vessels having particular operating
characteristics. The COTP or a
designated representative may terminate
the marine event or the operation of any
vessel at any time it is deemed
necessary for the protection of life and
property.
Patrol Commander means a Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
COTP to monitor a regatta area, permit
entry into the regatta area, give legally
enforceable orders to persons or vessels
within the regatta area, and take other
actions authorized by the COTP. The
Patrol Commander will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Patrol Commander may be
contacted on Channel 16 (156.8 MHZ)
by the call sign ‘‘Coast Guard Patrol
Commander.’’
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 and executive
orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771. This regulatory action
determination is based on the size,
location, duration, and time-of-year of
the regulated area. Vessel traffic will be
able to safely transit around this
regulated area, which will impact a
small designated area of the Maumee
River from 5 a.m. through 6 p.m. on
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
September 23, 2017. Moreover, the
Coast Guard will issue Broadcast Notice
to Mariners via VHF–FM marine
channel 16 about the regulated area and
the rule allows vessels to seek
permission to enter the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. 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:\FR\FM\21SER1.SGM
21SER1
Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
asabaliauskas on DSKBBXCHB2PROD with RULES
F. 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 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation interval lasting
from 5a.m. through 6 p.m., that will
prohibit entry within waters of the
Maumee River, Toledo, OH from the
Martin Luther King Jr. Memorial Bridge
at river mile 4.30 to the Michael DiSalle
Bridge at river mile 6.73. It is
VerDate Sep<11>2014
16:39 Sep 20, 2017
Jkt 241001
categorically excluded under section
2.B.2, figure 2–1, paragraph 34(h) of the
Commandant Instruction. A Record of
Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
in the ADDRESSES section of this
preamble.
G. Protest Activities
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG–2016–0998]
RIN 1625– AA08; AA00
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.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. In § 100.928, effective from 5 a.m.
through 6 p.m. on September 23, 2017,
suspend paragraph (b) and add
paragraph (d) to read as follows:
■
§ 100.928 Special Local Regulation;
Frogtown Regatta, Maumee River, Toledo,
OH.
*
*
*
*
*
(d) Enforcement period. The regulated
area described in paragraph (a) of this
section will be enforced from 5 a.m.
through 6 p.m. on September 23, 2017.
Dated: September 11, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2017–19750 Filed 9–20–17; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
44063
Special Local Regulations and Safety
Zones; Recurring Marine Events Held
in the Coast Guard Sector Northern
New England Captain of the Port Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is updating
the special local regulations and
permanent safety zones in Coast Guard
Sector Northern New England Captain
of the Port Zone for annual recurring
marine events. When enforced, these
special local regulations and safety
zones will restrict vessels from portions
of water areas during certain annually
recurring events. The special local
regulations and safety zones are
intended to expedite public notification
and ensure the protection of the
maritime public and event participants
from the hazards associated with certain
maritime events.
DATES: This rule is effective without
actual notice on September 21, 2017.
For the purposes of enforcement, actual
notice will be used from June 26, 2017
through September 21, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0998 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 rule, call or
email Chief Marine Science Technician
Chris Bains, Sector Northern New
England Waterways Management
Division, U.S. Coast Guard; telephone
207–347–5003, email Chris.D.Bains@
uscg.mil.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
Pub. L. Public Law
§ Section
U.S.C. United States Code
Frm 00011
Fmt 4700
Sfmt 4700
E:\FR\FM\21SER1.SGM
21SER1
]]>Agencies
[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44061-44063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19750]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2017-0754]
RIN 1625-AA08
Special Local Regulation; Frogtown Regatta, Maumee River, Toledo,
OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for all navigable waters of the Maumee River, Toledo, OH
from the Martin Luther King Jr. Memorial Bridge at Maumee river mile
4.30 to the Michael DiSalle Bridge at River mile 6.73. This regulated
area is necessary to protect spectators and vessels from potential
hazards associated with the Frogtown Regatta. Entry of vessels or
persons into this regulated area is prohibited unless specifically
authorized by the Captain of the Port Detroit, or a designated
representative.
DATES: This temporary final rule is effective from 5 a.m. through 6
p.m. on September 23, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0754 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 rule, call or email Ryan Erpelding, Prevention Department,
MSU Toledo, Coast Guard; telephone 419-418-6037, or email
Ryan.G.Erpelding@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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
Coast Guard did not receive the final details of this regatta until
there was insufficient time remaining before the event to publish an
NPRM. We must establish this area by September 23, 2017 and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), for the
reasons stated above, the Coast Guard finds that good cause exists for
making this temporary
[[Page 44062]]
rule effective less than 30 days after publication in the Federal
Register.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Detroit (COTP) has determined that
potential hazard associated with regatta from 5 a.m. through 6 p.m. on
September 23, 2017 will be a safety concern to anyone within waters of
the Maumee River, Toledo, OH from the Martin Luther King Jr. Memorial
Bridge at river mile 4.30 to the Michael DiSalle Bridge at river mile
6.73. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
regatta occurs.
IV. Discussion of the Rule
This rule establishes a safety zone from 5 a.m. through 6 p.m. on
September 23, 2017. The safety zone will encompass all U.S. navigable
waters of the Maumee River, Toledo, OH from the Martin Luther King Jr.
Memorial Bridge at river mile 4.30 to the Michael DiSalle Bridge at
river mile 6.73. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
The Coast Guard will patrol the regatta area under the direction of
the Captain of the Port Detroit (COTP), or a designated representative.
A designated representative may be a Coast Guard Patrol Commander.
Vessels desiring to transit the regulated area may do so only with
prior approval of the COTP or a designated representative and when so
directed by that officer. Vessels will be operated at a no wake speed
to reduce the wake to a minimum, in a manner which will not endanger
participants in the event or any other craft and remain vigilant for
event participants and safety craft. Additionally, vessels must yield
right-of-way for event participants and event safety craft and must
follow directions given by the COTP or a designated representative. The
rules contained in the above two sentences do not apply to participants
in the event or vessels of the patrol operating in the performance of
their assigned duties. Commercial vessels will have right-of-way over
event participants and event safety craft. The races will stop for
oncoming freighter or commercial traffic and will resume after the
vessel has completed its passage through the regulated area. COTP or a
designated representative may direct the anchoring, mooring, or
movement of any boat or vessel within the regatta area. A succession of
sharp, short signals by whistle or horn from vessels patrolling the
area under the direction of the U.S. COTP or a designated
representative shall serve as a signal to stop. Vessels so signaled
must stop and comply with the orders of the COTP or a designated
representative. Failure to do so may result in expulsion from the area,
citation for failure to comply, or both. The COTP or a designated
representative may establish vessel size and speed limitations and
operating conditions and may restrict vessel operation within the
regatta area to vessels having particular operating characteristics.
The COTP or a designated representative may terminate the marine event
or the operation of any vessel at any time it is deemed necessary for
the protection of life and property.
Patrol Commander means a Coast Guard commissioned, warrant, or
petty officer who has been designated by the COTP to monitor a regatta
area, permit entry into the regatta area, give legally enforceable
orders to persons or vessels within the regatta area, and take other
actions authorized by the COTP. The Patrol Commander will be aboard
either a Coast Guard or Coast Guard Auxiliary vessel. The Patrol
Commander may be contacted on Channel 16 (156.8 MHZ) by the call sign
``Coast Guard Patrol Commander.''
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 and executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771. This regulatory action
determination is based on the size, location, duration, and time-of-
year of the regulated area. Vessel traffic will be able to safely
transit around this regulated area, which will impact a small
designated area of the Maumee River from 5 a.m. through 6 p.m. on
September 23, 2017. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the regulated
area and the rule allows vessels to seek permission to enter the
regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. 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).
[[Page 44063]]
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a special local regulation interval lasting from 5a.m.
through 6 p.m., that will prohibit entry within waters of the Maumee
River, Toledo, OH from the Martin Luther King Jr. Memorial Bridge at
river mile 4.30 to the Michael DiSalle Bridge at river mile 6.73. It is
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(h)
of the Commandant Instruction. A Record of Environmental Consideration
(REC) supporting this determination is available in the docket where
indicated in the ADDRESSES section of this preamble.
G. 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.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. In Sec. 100.928, effective from 5 a.m. through 6 p.m. on September
23, 2017, suspend paragraph (b) and add paragraph (d) to read as
follows:
Sec. 100.928 Special Local Regulation; Frogtown Regatta, Maumee
River, Toledo, OH.
* * * * *
(d) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 5 a.m. through 6 p.m. on
September 23, 2017.
Dated: September 11, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-19750 Filed 9-20-17; 8:45 am]
BILLING CODE 9110-04-P
