Special Local Regulation; Wyandotte Invites, Detroit River, Trenton Channel, Wyandotte, MI, 30860-30862 [2018-14173]
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30860
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations
evidence warrants a new review by a
hearing officer or whether the Appeals
Council will consider the additional
evidence as part of its review of the
case.
(c) Individual charged did not file an
answer. If the representative did not file
an answer to the charges, the
representative may not introduce
evidence that was not considered at the
hearing.
■ 23. Amend § 416.1590 by revising
paragraph (a) and adding paragraph (f)
to read as follows:
§ 416.1590
§ 416.1599 Reinstatement after
suspension or disqualification—period of
suspension not expired.
daltland on DSKBBV9HB2PROD with RULES
[FR Doc. 2018–13989 Filed 6–29–18; 8:45 am]
BILLING CODE 4191–02–P
Appeals Council’s decision.
(a) The Appeals Council will base its
decision upon the evidence in the
hearing record and any other evidence
it may permit on review. The Appeals
Council will affirm the hearing officer’s
decision if the action, findings, and
conclusions are supported by
substantial evidence. If the hearing
officer’s decision is not supported by
substantial evidence, the Appeals
Council will either:
(1) Reverse or modify the hearing
officer’s decision; or
(2) Return a case to the hearing officer
for further proceedings.
*
*
*
*
*
(f) The Appeals Council may
designate and publish certain final
decisions as precedent for other actions
brought under its representative
conduct provisions. Prior to making a
decision public, we will remove or
redact personally identifiable
information from the decision.
■ 24. Amend § 416.1599 by revising
paragraphs (a), (d)(2), and (f) to read as
follows:
(a) After more than one year has
passed, a person who has been
suspended or disqualified may ask the
Appeals Council for permission to serve
as a representative again. The Appeals
Council will assign and process a
request for reinstatement using the same
general procedures described in
§ 416.1576.
*
*
*
*
*
(d) * * *
(2) If a person was disqualified
because he or she had been disbarred,
suspended, or removed from practice for
the reasons described in § 416.1545(d)
through (f), the Appeals Council will
grant a request for reinstatement as a
representative only if the criterion in
paragraph (d)(1) of this section is met
and the disqualified person shows that
he or she has been admitted (or
VerDate Sep<11>2014
readmitted) to and is in good standing
with the court, bar, Federal program or
agency, or other governmental or
professional licensing authority from
which he or she had been disbarred,
suspended, or removed from practice.
*
*
*
*
*
(f) If the Appeals Council decides not
to grant the request, it will not consider
another request before the end of 3 years
from the date of the notice of the
previous denial.
16:46 Jun 29, 2018
Jkt 244001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2018–0626]
RIN 1625–AA08
Special Local Regulation; Wyandotte
Invites, Detroit River, Trenton Channel,
Wyandotte, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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
Wyandotte Invites event.
DATES: This temporary final rule is
effective from 8 a.m. until 12:30 p.m. on
July 15, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0626 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:
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 just recently received the final
details of this rowing event, Wyandotte
Invites, 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 we lack sufficient
time to provide a reasonable comment
period and then consider those
comments before issuing this rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would inhibit the Coast
Guard’s ability to protect participants,
mariners and vessels from the hazards
associated with this event.
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.
I. Table of Abbreviations
IV. Discussion of the Rule
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
This rule establishes a temporary
special local regulation from 8 a.m. until
12:30 p.m. on July 15, 2018. In light of
the aforementioned hazards, the COTP
has determined that a special local
regulation is necessary to protect
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Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations
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.
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.
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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 8 a.m. until 12:30 p.m. on
July 15, 2018. Moreover, the Coast
VerDate Sep<11>2014
16:46 Jun 29, 2018
Jkt 244001
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).
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30861
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
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 less than
five 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
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02JYR1
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Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations
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
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0485]
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T09–0626 to read as
follows:
■
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§ 100.T09–0626 Special Local Regulation;
Wyandotte Invites, 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) Enforcement date. The regulated
area described in paragraph (a) will be
enforced from 8 a.m. until 12:30 p.m. on
July 15, 2018.
(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.
Jkt 244001
[FR Doc. 2018–14173 Filed 6–29–18; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
16:46 Jun 29, 2018
Dated: June 27, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
BILLING CODE 9110–04–P
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:
VerDate Sep<11>2014
(d) 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.
Safety Zone; Brandon Road Lock and
Dam to Lake Michigan Including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, and
Calumet-Saganashkee Channel,
Chicago, IL
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a segment of the Safety Zone: Brandon
Road Lock and Dam to Lake Michigan
including Des Plaines River, Chicago
Sanitary and Ship Canal, Chicago River,
Calumet-Saganashkee Channel on all
waters of the Des Plaines River between
the McDonough Street Bridge and Cass
Street Bridge in Joliet, Illinois on July 3,
2018. This action is necessary and
intended to protect mariners and ensure
the safety of life from the hazards
associated with a shore based fireworks
show. During the enforcement period
listed below, entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Lake Michigan or a
designated representative.
DATES: The regulations in 33 Code of
Federal Regulations (CFR) 165.930 will
be enforced from 9:15 p.m. to 10 p.m.
on July 3, 2018.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT John
Ramos, Waterways Management
Division, Marine Safety Unit Chicago,
telephone 630–986–2155, email address
D09-DG-MSUChicago-Waterways@
uscg.mil.
SUMMARY:
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The Coast
Guard will enforce a segment of the
Safety Zone: Brandon Road Lock and
Dam to Lake Michigan including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL,
listed in 33 CFR 165.930. Specifically,
the Coast Guard will enforce this safety
zone on all waters of the Des Plaines
River between the McDonough Street
Bridge and Cass Street Bridge in Joliet,
Illinois. Enforcement will occur from
9:15 p.m. to 10 p.m. on July 3, 2018.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Lake Michigan or a designated onscene representative. Vessels and
persons granted permission to enter the
safety zone shall obey all lawful orders
or directions of the Captain of the Port
Lake Michigan, or his or her on-scene
representative.
This notice of enforcement is issued
under the authority of 33 CFR 165.930
and 5 U.S.C. 552(a). In addition to this
publication in the Federal Register, the
Coast Guard will provide the maritime
community with advance notification of
this safety zone via Broadcast Notice to
Mariners and Local Notice to Mariners.
Additionally, the Captain of the Port
Lake Michigan may notify
representatives from the maritime
industry through telephonic
notifications, email notifications, or by
direct communication from on scene
patrol commanders. If the Captain of the
Port or a designated representative
determines that the regulated area need
not be enforced for the full duration
stated in this notice, he or she may grant
general permission to enter the
regulated area via Broadcast Notice to
Mariners. The Captain of the Port Lake
Michigan or a designated on-scene
representative may be contacted via
Channel 16, VHF–FM or at (414) 747–
7182.
SUPPLEMENTARY INFORMATION:
Dated: June 18, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2018–14190 Filed 6–29–18; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\02JYR1.SGM
02JYR1
Agencies
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30860-30862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14173]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2018-0626]
RIN 1625-AA08
Special Local Regulation; Wyandotte Invites, 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 Wyandotte Invites event.
DATES: This temporary final rule is effective from 8 a.m. until 12:30
p.m. on July 15, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0626 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 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, Wyandotte Invites, 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 we lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.
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 8
a.m. until 12:30 p.m. on July 15, 2018. In light of the aforementioned
hazards, the COTP has determined that a special local regulation is
necessary to protect
[[Page 30861]]
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 8 a.m. until 12:30 p.m. on July 15, 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 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 less than five 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
[[Page 30862]]
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.T09-0626 to read as follows:
Sec. 100.T09-0626 Special Local Regulation; Wyandotte Invites,
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) Enforcement date. The regulated area described in paragraph (a)
will be enforced from 8 a.m. until 12:30 p.m. on July 15, 2018.
(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) 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.
Dated: June 27, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-14173 Filed 6-29-18; 8:45 am]
BILLING CODE 9110-04-P