Special Local Regulation; Michigan Championships; Detroit River; Detroit, MI, 40677-40679 [2018-17699]
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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations
U.S.C. 6423(d)(1)), is confined to cases
of the types which are excepted from
the application of section 6423, Internal
Revenue Code of 1986, as amended (26
U.S.C. 6423). The excepted types of
cases and, therefore, the types in which
CBP is authorized to make refunds of
such taxes are those in which:
*
*
*
*
*
(10) For alcohol excise taxes imposed
under the Internal Revenue Code, the
refund of tax is claimed pursuant to the
assignment of a reduced tax rate or tax
credit to an importer by a foreign
producer in accordance with CBP
implementation of sections 13801–
13808 of Public Law 115–97 (December
22, 2017).
(e) * * *
(1) CBP will provide the following
notice to the importer of record: ‘‘Claim
for refund of any overpayment of
internal revenue tax on this entry must
be executed and filed with the Director,
National Revenue Center, Alcohol and
Tobacco Tax and Trade Bureau (TTB),
in accordance with TTB regulations
(Title 27 of the Code of Federal
Regulations).’’ On request of the
claimant, CBP will issue a statement
identifying the entry, showing the
amount of internal revenue tax
deposited with respect to each entry for
which a claim on TTB Form 5620.8 is
to be made, and showing the date of
issuance of the notice of refund of duty.
(2) The claim must be executed on
TTB Form 5620.8 (Claim—Alcohol,
Tobacco, and Firearms Taxes) and must
be filed with the Director, National
Revenue Center, TTB. The certified
statement must be attached to and filed
in support of such claim which may
include refunds under more than one
entry but is limited to refunds under
entries filed at the same port and the
same internal revenue region. The data
to be shown on the claim must be as
prescribed in TTB regulations, with the
exception that any data on the certified
statement also required to be shown in
the claim need not be restated in the
claim.
(3) The date of allowance of refund or
credit in respect of such tax for the
purposes of section 6407, Internal
Revenue Code of 1986, as amended (26
U.S.C. 6407), will be that date on which
a claim is perfected and the refund is
authorized for scheduling under the
applicable TTB regulations.
Kevin K. McAleenan,
Commissioner.
Approved: August 13, 2018.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2018–17710 Filed 8–15–18; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2018–0732]
RIN 1625–AA08
Special Local Regulation; Michigan
Championships; Detroit River; Detroit,
MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for certain waters of the Detroit River,
Detroit, MI. This action is necessary to
ensure safety of life on navigable waters
immediately prior to, during, and after
the swim portion of the Michigan
Championship Triathlon.
DATES: This temporary final rule is
effective from 7 a.m. until 11 a.m. on
September 2, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0732 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
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40677
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 swim event until there was
insufficient time remaining before the
event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable because it would
inhibit the Coast Guard’s ability to
protect participants, mariners and
vessels from the hazards associated with
this event.
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 the
swim portions of a triathlon 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 a.m. until
11 a.m. on September 2, 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 and Belle Isle
Beach between the following two lines:
The first line is drawn directly across
the channel from position 42°20.517′ N,
082°59.159′ W to 42°20.705′ N,
082°59.233′ W (NAD 83); the second
line, to the north, is drawn directly
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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations
across the channel from position
42°20.754′ N, 082°58.681′ W to
42°20.997′ N, 082°58.846′ 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.
sradovich on DSK3GMQ082PROD with RULES
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 a.m. to 11 a.m. on
September 2, 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,
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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
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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 three
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
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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations
jeopardizing the safety or security of
people, places or vessels.
DEPARTMENT OF HOMELAND
SECURITY
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:
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0683]
RIN 1625–AA00
Safety Zone; Great Lakes Offshore
Grand Prix, Lake Erie, Dunkirk, NY
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
ACTION:
1.
2. Add § 100.T09–0732 to read as
follows:
■
sradovich on DSK3GMQ082PROD with RULES
§ 100.T09–0732 Special Local Regulation;
Michigan Championships; Detroit River;
Detroit, MI.
(a) Location. A regulated area is
established to encompass the following
waterway: All waters of the Detroit
River and Belle Isle Beach between the
following two lines: The first line is
drawn directly across the channel from
position 42°20.517′ N, 082°59.159′ W to
42°20.705′ N, 082°59.233′ W (NAD 83);
the second line, to the north, is drawn
directly across the channel from
position 42°20.754′ N, 082°58.681′ W to
42°20.997′ N, 082°58.846′ W (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) of this
section will be enforced from 7 a.m.
until 11 a.m. on September 2, 2018.
(c) Special local regulations. (1)
Vessels transiting through the regulated
area are to maintain the minimum
speeds for safe navigation.
(2) Vessel operators desiring to
operate in the regulated area must
contact the Coast Guard Patrol
Commander to obtain permission to do
so. The Captain of the Port Detroit
(COTP) or his on-scene representative
may be contacted via VHF Channel 16
or at (313) 568–9560. Vessel operators
given permission to operate within the
regulated area must comply with all
directions given to them by the COTP or
his on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP Detroit is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the Captain of the Port Detroit
to act on his behalf.
[FR Doc. 2018–17699 Filed 8–15–18; 8:45 am]
BILLING CODE 9110–04–P
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Jkt 244001
The Coast Guard is
establishing a temporary safety zone for
navigable waters of Dunkirk Harbor,
Lake Erie, Dunkirk, NY. This safety zone
is intended to restrict vessels from
portions of Dunkirk Harbor during the
Great Lakes Offshore Grand Prix. This
temporary safety zone is necessary to
protect mariners and vessels from the
navigational hazards associated with
this regatta. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Buffalo.
DATES: This rule is effective from 10:00
a.m. on August 18, 2018 until 5:00 p.m.
on August 19, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0683 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 LTJG Sean Dolan, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9322, email D09-SMB-SECBuffaloWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Authority: 33 U.S.C. 1233; 33 CFR 1.05–
Dated: August 10, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
1. The authority citation for part 100
continues to read as follows:
■
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
On March 22, 2018, Dunkirk Local
Development Corporation and Dunkirk
Festivals notified the Coast Guard that
it will conducting a professional high
speed powerboat race from 10:00 a.m.
until 5:00 p.m. on August 19, 2018. In
response, on July 23, 2018, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled ‘‘Great Lakes
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40679
Offshore Grand Prix; Lake Erie, Dunkirk,
NY’’ (83 FR 34804, July 23, 2018). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this event.
During the comment period that ended
August 7, 2018, we received no
comments.
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
would be contrary to the rule’s
objectives of ensuring safety of life on
the navigable waters and protection of
persons and vessels in the vicinity of
the planned event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Buffalo (COTP) has
determined the Great Lakes Offshore
Grand Prix presents significant risks to
the public safety and property. This rule
is needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the event takes place.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published July
23, 2018. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone
from 10:00 a.m. until 5:00 p.m. on
August 19, 2018, with a rain date of
August 18, 2018. The safety zone will
encompass all navigable waters of Lake
Erie, Dunkirk, NY starting at position
42°29′37.7″ N, 079°21′17.7″ W then
Northwest to 42°29′45.2″ N,
079°21′28.2″ W then Northeast to
42°30′15.0″ N, 079°21′20.0″ W then
Northeast to 42°30′39.0″ N, 079°19′46.0″
W then Southeast to 42°30′09.3″ N,
079°19′03.1″ W. The duration of the
zone is intended to enhance the safety
of vessels and these navigable waters
before, during, and after the scheduled
10:00 a.m. until 5:00 p.m. boat races.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
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]]>Agencies
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Rules and Regulations]
[Pages 40677-40679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17699]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2018-0732]
RIN 1625-AA08
Special Local Regulation; Michigan Championships; Detroit River;
Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters of the Detroit River, Detroit, MI. This action is
necessary to ensure safety of life on navigable waters immediately
prior to, during, and after the swim portion of the Michigan
Championship Triathlon.
DATES: This temporary final rule is effective from 7 a.m. until 11 a.m.
on September 2, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0732 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 did not receive the final details of this swim event until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect participants, mariners and vessels
from the hazards associated with this event.
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 the swim portions of
a triathlon 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
a.m. until 11 a.m. on September 2, 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 and Belle Isle Beach between the following two lines:
The first line is drawn directly across the channel from position
42[deg]20.517' N, 082[deg]59.159' W to 42[deg]20.705' N,
082[deg]59.233' W (NAD 83); the second line, to the north, is drawn
directly
[[Page 40678]]
across the channel from position 42[deg]20.754' N, 082[deg]58.681' W to
42[deg]20.997' N, 082[deg]58.846' 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 a.m. to 11 a.m. on September 2, 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 three 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
[[Page 40679]]
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; 33 CFR 1.05-1.
0
2. Add Sec. 100.T09-0732 to read as follows:
Sec. 100.T09-0732 Special Local Regulation; Michigan Championships;
Detroit River; Detroit, MI.
(a) Location. A regulated area is established to encompass the
following waterway: All waters of the Detroit River and Belle Isle
Beach between the following two lines: The first line is drawn directly
across the channel from position 42[deg]20.517' N, 082[deg]59.159' W to
42[deg]20.705' N, 082[deg]59.233' W (NAD 83); the second line, to the
north, is drawn directly across the channel from position
42[deg]20.754' N, 082[deg]58.681' W to 42[deg]20.997' N,
082[deg]58.846' W (NAD 83).
(b) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 7 a.m. until 11 a.m. on
September 2, 2018.
(c) Special local regulations. (1) Vessels transiting through the
regulated area are to maintain the minimum speeds for safe navigation.
(2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit (COTP) or his on-scene representative
may be contacted via VHF Channel 16 or at (313) 568-9560. Vessel
operators given permission to operate within the regulated area must
comply with all directions given to them by the COTP or his on-scene
representative.
(3) The ``on-scene representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant or petty officer or a Federal, State,
or local law enforcement officer designated by or assisting the Captain
of the Port Detroit to act on his behalf.
Dated: August 10, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-17699 Filed 8-15-18; 8:45 am]
BILLING CODE 9110-04-P
