Special Local Regulation; Wy-Hi Rowing Regatta, Detroit River, Trenton Channel, Wyandotte, MI, 15065-15067 [2018-07159]
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Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations
person conducting the examination;
date of the examination; location of all
areas examined; and description of each
condition found that may adversely
affect the safety or health of miners and
is not corrected promptly.
(c) When a condition that may
adversely affect safety or health is not
corrected promptly, the examination
record shall include, or be
supplemented to include, the date of the
corrective action.
(d) The operator shall maintain the
examination records for at least one
year, make the records available for
inspection by authorized representatives
of the Secretary and the representatives
of miners, and provide these
representatives a copy on request.
(d) The operator shall maintain the
examination records for at least one
year, make the records available for
inspection by authorized representatives
of the Secretary and the representatives
of miners, and provide these
representatives a copy on request.
[FR Doc. 2018–07084 Filed 4–6–18; 8:45 am]
BILLING CODE 4520–43–P
sradovich on DSK3GMQ082PROD with RULES
§ 57.18002
32 CFR Part 81
[Docket ID: DOD–2017–OS–0048]
RIN 0790–AJ97
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Department of Defense.
Final rule.
This final rule removes DoD’s
regulation concerning paternity claims
and adoption proceedings involving
members and former members of the
Armed Forces. The DoD policy that
corresponds with this rule is not
required by law and was rescinded. This
part is not necessary, therefore, it can be
removed from the CFR.
DATES: This rule is effective on April 9,
2018.
FOR FURTHER INFORMATION CONTACT:
LTCOL Reggie Yager, 703–571–9301.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since it seeks
to remove DoD policy from the CFR that
has already been rescinded.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
SUMMARY:
Examination of working places.
RIN 1625–AA08
ACTION:
ACTION:
(a) A competent person designated by
the operator shall examine each working
place at least once each shift before
work begins or as miners begin work in
that place, for conditions that may
adversely affect safety or health.
(1) The operator shall promptly notify
miners in any affected areas of any
conditions found that may adversely
affect safety or health and promptly
initiate appropriate action to correct
such conditions.
(2) Conditions noted by the person
conducting the examination that may
present an imminent danger shall be
brought to the immediate attention of
the operator who shall withdraw all
persons from the area affected (except
persons referred to in section 104(c) of
the Federal Mine Safety and Health Act
of 1977) until the danger is abated.
(b) A record of each examination shall
be made before the end of the shift for
which the examination was conducted.
The record shall contain the name of the
person conducting the examination;
date of the examination; location of all
areas examined; and description of each
condition found that may adversely
affect the safety or health of miners and
is not corrected promptly.
(c) When a condition that may
adversely affect safety or health is not
corrected promptly, the examination
record shall include, or be
supplemented to include, the date of the
corrective action.
[Docket No. USCG–2018–0261]
AGENCY:
AGENCY:
4. Revise § 57.18002 to read as
follows:
33 CFR Part 100
Office of the Secretary
3. The authority citation for part 57
continues to read as follows:
■
Coast Guard
DEPARTMENT OF DEFENSE
Paternity Claims and Adoption
Proceedings Involving Members and
Former Members of the Armed Forces
Authority: 30 U.S.C. 811.
DEPARTMENT OF HOMELAND
SECURITY
Special Local Regulation; Wy-Hi
Rowing Regatta, Detroit River, Trenton
Channel, Wyandotte, MI
PART 57—SAFETY AND HEALTH
STANDARDS—UNDERGROUND
METAL AND NONMETAL MINES
■
15065
List of Subjects in 32 CFR Part 81
Claims, Infants and children, Military
personnel.
PART 81—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 81 is removed.
■
Dated: April 3, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2018–07161 Filed 4–6–18; 8:45 am]
BILLING CODE 5001–06–P
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Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a special local regulation
for certain navigable waters of the
Detroit River, Trenton Channel,
Wyandotte, MI. This action is necessary
and is intended to ensure safety of life
on navigable waters immediately prior
to, during, and immediately after the
Wy-Hi Rowing Regatta event.
DATES: This temporary final rule is
effective from 7:30 a.m. until 5:30 p.m.
on May 5, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0261 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 Tracy Girard,
Prevention Department, Sector Detroit,
Coast Guard; telephone 313–568–9564,
or email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
COTP Captain of the Port
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
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Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations
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 just recently received the final
details of this rowing event, Wy-Hi
Rowing Regatta, which does not provide
sufficient time to publish an NPRM
prior to the event. Thus, delaying the
effective date of this rule to wait for a
comment period to run would be
contrary to public interest because it
would inhibit the Coast Guard’s ability
to protect participants, mariners and
vessels from the hazards associated with
this event. It is impracticable to publish
an NPRM because the special regulation
must be effective on May 5, 2018.
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 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.
sradovich on DSK3GMQ082PROD with RULES
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation from 7:30 a.m.
until 5:30 p.m. on May 05, 2018. 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°08.9′ W
(NAD 83).
An on-scene representative of the
COTP 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 or at 313–568–
9560.
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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 a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
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 special local
regulation. Vessel traffic will be able to
safely transit around this special local
regulation zone which will impact a
small designated area of the Detroit
River from 7:30 a.m. to 5:30 p.m. May
05, 2018. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners
via VHF–FM marine channel 16 about
the special local regulation and the rule
allows vessels to seek permission to
enter the 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 special
local regulation may be small entities,
for the reasons stated in section V.A
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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).
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
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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
Directive 023–01 and Commandant
Instruction M16475.1D, 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 lasting ten hours
that will prohibit entry into a designated
area. It is categorically excluded from
further review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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.
sradovich on DSK3GMQ082PROD with RULES
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T09–0261 to read as
follows:
■
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§ 100.T09–0261 Special Local Regulation;
Wy-Hi Rowing Regatta, Detroit River,
Trenton Channel, Wyandotte, MI.
(a) Regulated areas. The following
regulated area is established as a special
local regulation: All waters of the
Detroit River, Trenton Channel between
the following two lines going from bankto-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°08.9′ W (NAD
83).
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port (COTP) Detroit in the
enforcement of the regulated areas.
(c) Regulations. (1) Vessels transiting
through the regulated area are to
maintain the minimum speeds for safe
navigation.
(2) Vessel operators desiring to enter,
transit through, anchoring in, remaining
in, or operate within the regulated area
must contact the CTOP Detroit or his
designated representative to obtain
permission to do so. The COTP Detroit
or his designated 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.
(d) Enforcement date. The regulated
area described in paragraph (a) of this
section will be enforced from 7:30 a.m.
until 5:30 p.m. on May 5, 2018.
Dated: April 2, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2018–07159 Filed 4–6–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0226]
Drawbridge Operation Regulation;
Hackensack River, Jersey City, NJ
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
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15067
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Route 1 & 9
(Lincoln Highway) Bridge across the
Hackensack River, mile 1.8, at Jersey
City, New Jersey. The deviation is
necessary to limit and control bridge
openings during the reconstruction and
rehabilitation of the Pulaski Skyway
Bridge.
DATES: This deviation is effective
without actual notice from April 9, 2018
through 11:59 p.m. on July 31, 2018. For
the purposes of enforcement, actual
notice will be used from 12:01 a.m. on
April 2, 2018, until April 9, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0226, 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 Judy K. LeungYee, Bridge Management Specialist,
First District Bridge Branch, U.S. Coast
Guard; telephone 212–514–4336, email
Judy.K.Leung-Yee@uscg.mil.
SUPPLEMENTARY INFORMATION: The owner
of the bridge, the New Jersey
Department of Transportation, requested
a temporary deviation in order to
complete the reconstruction and
rehabilitation of the adjacent Pulaski
Skyway Bridge. The Route 1 & 9 Bridge
across the Hackensack River, mile 1.8, at
Jersey City, New Jersey is a vertical lift
bridge with a vertical clearance of 35
feet at mean high water and 40 feet at
mean low water in the closed position.
The existing drawbridge operating
regulations are listed at 33 CFR 117.5.
This temporary deviation will allow
the Route 1 & 9 Bridge to open on signal
from April 2, 2018 to July 31, 2018,
except that the draw will not open to
vessel traffic, Monday through Friday,
between 6 a.m. and 9:30 a.m. and
between 2:30 p.m. and 6 p.m., except
holidays. On Federal holidays, the
Route 1 & 9 Bridge will open on signal.
Tide dependent deep draft vessels may
request bridge openings during the rush
hour closure periods, provided that at
least a six hour advance notice is given
by calling the number posted at the
bridge.
The waterway is transited by
recreational vessels and commercial
vessels. Coordination with waterway
users has indicated no objections to the
proposed closure of the draw. Vessels
able to pass through the bridge in the
closed position may do so at any time.
There is no alternate route for vessels to
pass, but the bridge will be able to open
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Rules and Regulations]
[Pages 15065-15067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07159]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2018-0261]
RIN 1625-AA08
Special Local Regulation; Wy-Hi Rowing Regatta, Detroit River,
Trenton Channel, Wyandotte, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
certain navigable waters of the Detroit River, Trenton Channel,
Wyandotte, MI. This action is necessary and is intended to ensure
safety of life on navigable waters immediately prior to, during, and
immediately after the Wy-Hi Rowing Regatta event.
DATES: This temporary final rule is effective from 7:30 a.m. until 5:30
p.m. on May 5, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0261 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 Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone 313-568-9564, or email
[email protected].
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
COTP Captain of the Port
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
[[Page 15066]]
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 just recently received the final details
of this rowing event, Wy-Hi Rowing Regatta, which does not provide
sufficient time to publish an NPRM prior to the event. Thus, delaying
the effective date of this rule to wait for a comment period to run
would be contrary to public interest because it would inhibit the Coast
Guard's ability to protect participants, mariners and vessels from the
hazards associated with this event. It is impracticable to publish an
NPRM because the special regulation must be effective on May 5, 2018.
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 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 the Rule
This rule establishes a temporary special local regulation from
7:30 a.m. until 5:30 p.m. on May 05, 2018. 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]08.9' W (NAD 83).
An on-scene representative of the COTP 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
or at 313-568-9560.
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 a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
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 special local regulation.
Vessel traffic will be able to safely transit around this special local
regulation zone which will impact a small designated area of the
Detroit River from 7:30 a.m. to 5:30 p.m. May 05, 2018. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the special local regulation and the rule allows
vessels to seek permission to enter the 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
special local regulation 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).
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
[[Page 15067]]
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
Directive 023-01 and Commandant Instruction M16475.1D, 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 lasting ten hours that will prohibit entry
into a designated area. It is categorically excluded from further
review under paragraph L[61] of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
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
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.T09-0261 to read as follows:
Sec. 100.T09-0261 Special Local Regulation; Wy-Hi Rowing Regatta,
Detroit River, Trenton Channel, Wyandotte, MI.
(a) Regulated areas. The following regulated area is established as
a special local regulation: 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]08.9' W (NAD 83).
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port (COTP) Detroit in the enforcement of the regulated
areas.
(c) Regulations. (1) Vessels transiting through the regulated area
are to maintain the minimum speeds for safe navigation.
(2) Vessel operators desiring to enter, transit through, anchoring
in, remaining in, or operate within the regulated area must contact the
CTOP Detroit or his designated representative to obtain permission to
do so. The COTP Detroit or his designated 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.
(d) Enforcement date. The regulated area described in paragraph (a)
of this section will be enforced from 7:30 a.m. until 5:30 p.m. on May
5, 2018.
Dated: April 2, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-07159 Filed 4-6-18; 8:45 am]
BILLING CODE 9110-04-P
