Special Local Regulations; Marine Events in the Coast Guard Sector Detroit Captain of the Port Zone, 52333-52336 [2018-22517]

Download as PDF 52333 Proposed Rules Federal Register Vol. 83, No. 201 Wednesday, October 17, 2018 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. I. Table of Abbreviations DEPARTMENT OF HOMELAND SECURITY 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 COTP Captain of the Port Coast Guard 33 CFR Part 100 [Docket Number USCG–2018–0929] RIN 1625–AA08 Special Local Regulations; Marine Events in the Coast Guard Sector Detroit Captain of the Port Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: This proposed rule is intended to amend the rules that regulate vessel traffic and control navigation of portions of waterways during events that pose a hazard to public safety. This rule, if adopted, would add six new reoccurring special local regulations, remove six special local regulations, and amend the event, dates, and/or regulated areas for the 15 recurring special local regulations that will be listed in a table. The permanent special local regulations established by this proposed rule are necessary to protect spectators, participants, and vessels from the hazards associated with the varying types of marine events. This proposed rulemaking would restrict vessel traffic in the designated areas during the events unless authorized by the Captain of the Port Detroit or a designated representative. We invite your comments on this proposed rulemaking. SUMMARY: Comments and related material must be received by the Coast Guard on or before November 16, 2018. ADDRESSES: You may submit comments identified by docket number USCG– 2018–0929 using the Federal eRulemaking portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. daltland on DSKBBV9HB2PROD with PROPOSALS DATES: VerDate Sep<11>2014 17:34 Oct 16, 2018 Jkt 247001 If you have questions about this proposed rulemaking, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone (313) 568–9564, email Tracy.M.Girard@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: II. Background, Purpose, and Legal Basis Marine events are held on a recurring basis on the navigable waters within the Coast Guard Sector Detroit COTP Zone. In past history, the Coast Guard established special local regulations for these recurring event. These events have been submitted annually to ensure the protection of the maritime public and event participants from the hazards associated with these events. The Coast Guard has never received public comments or concerns regarding the impact to waterway traffic from these annually reoccurring events. This proposed rule would consistently apprise the public in a timely manner through permanent publication in Title 33 of the Code of Federal Regulations. The table in this proposed rule would list each annual recurring event requiring a special local regulated area as administered by the Coast Guard. By establishing permanent regulations containing these events, the Coast Guard would eliminate the need to establish temporary rules for events that occur on an annual basis and thereby limit the costs associated with cumulative regulations. This rulemaking would remove, add, and consolidate regulations to better meet the Coast Guard’s intended purpose of ensuring safety during these events. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1233. III. Discussion of Proposed Rule The purpose of this rulemaking is to combine all of the Captain of the Port Detroit Zone’s special local regulations from 33 CFR 100.911 through § 100.928, into one table under § 100.911. This table will ensure accuracy of times, PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 dates, and dimensions for various marine events that are expected to be conducted within the Captain of the Port Detroit Zone throughout the year. We also propose to remove § 100.911, § 100.912, § 100.913, § 100.914, § 100.915, § 100.916, § 100.917, § 100.918, § 100.919, § 100.920 § 100.921, § 100.927, § 100.928 replacing these regulations with a table. In addition, we propose to add three rowing events, two swim events, and a water ski show to the table. As large numbers of spectator vessels and marine traffic are expected to congregate around the event location, the regulated areas are needed to protect both spectators and participants from the safety hazards associated with the event. During the enforcement period of the regulated areas, persons and vessels would be prohibited from entering, transiting through, remaining, anchoring or mooring within the zone unless specifically authorized by the COTP or the designated representative. The Coast Guard may be assisted by other Federal, State and local agencies in the enforcement of these regulated areas. These events are listed below in the text of the regulation. IV. Regulatory Analyses We developed this proposed 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 NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM 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. The Coast Guard has previously promulgated special local regulations or safety zones, in 33 CFR part 100, for all event areas contained within this E:\FR\FM\17OCP1.SGM 17OCP1 52334 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Proposed Rules proposed regulation and has not received notice of any negative impact caused by any of the special local regulations. By establishing a permanent regulation containing all of these events, the Coast Guard will eliminate the need to establish individual temporary rules for each separate event that occurs on an annual basis, thereby limiting the costs of cumulative regulations. daltland on DSKBBV9HB2PROD with PROPOSALS 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 proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated areas may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). VerDate Sep<11>2014 17:34 Oct 16, 2018 Jkt 247001 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves regulated areas for swim events and other marine events. Normally such actions are categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 Manual 023–01–001–01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and record keeping requirements, Waterways. E:\FR\FM\17OCP1.SGM 17OCP1 52335 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Proposed Rules For the reasons discussed in the preamble, the Coast Guard proposes to amend 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. Revise § 100.911 to read as follows: § 100.911 Special Local Regulations; Marine Events in the Coast Guard Sector Detroit Captain of the Port Zone. (a) General. The following regulations apply to the marine events listed in Table 1 to § 100.911, along with the requirements of § 100.901. These regulations will be enforced for the duration of each event, on or about the dates indicated. Annual notice of the exact dates and times of the effective period of the regulations with respect to each event, the geographical area, and details concerning of the event will be made by publication in the Federal Register via a Notice of Enforcement, published in a Local Notices to Mariners, and broadcast over VHF–FM radio. Although listed in the Code of Federal Regulations, sponsors of events listed in the table to § 100.911 are still required to submit marine event applications in accordance with § 100.15. (b) Special local regulations. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Vessel operators desiring to enter or operate within the regulated area shall contact the Coast Guard Patrol Commander to obtain permission to do so. Vessel operators given permission to enter or operate within the regulated area must comply with all directions given to them by the Coast Guard Patrol Commander. (d) All geographic coordinates in Table 1 to § 100.911 are North American Datum of 1983 (NAD 83). TABLE 1 TO § 100.911 COTP Zone Detroit Event Sector Detroit Special Local Regulations Date daltland on DSKBBV9HB2PROD with PROPOSALS (a) Hebda Cup Rowing Regatta Rowing Event Wyandotte, MI. 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°10.98′ N, 083°09.29′ W; the second line, to the north, is drawn directly across the channel from position 42°11.7′ N, 083°08.9′ W. (b) Wy-Hi Rowing Regatta All waters of the Detroit River, Trenton Channel between the following two lines Rowing Event— Wyangoing from bank-to-bank: The first line is drawn directly across the channel from dotte, MI. position 42°10.98′ N, 083°09.29′ W; the second line, to the north, is drawn directly across the channel from position 42°11.7′ N, 083°08.9′ W. (c) Wyandotte Rowing ReAll waters of the Detroit River, Trenton Channel between the following two lines gatta Wyandotte, MI. going from bank-to-bank: The first line is drawn directly across the channel from position 42°10.98′ N, 083°09.29′ W; the second line, to the north, is drawn directly across the channel from position 42°11.7′ N, 083°08.9′ W. (d) Motor City Mile SwimAll waters of the Detroit River, Belle Isle Beach between the following two lines: ming Event Detroit, MI. 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; the second line, to the north, is drawn directly across the channel from position 42°20.754′ N, 082°58.681′ W to 42°20.843′ N, 082°58.792′ W. (e) Wyandotte Invites RowAll waters of the Detroit River, Trenton Channel between the following two lines ing Event Wyandotte, MI. going from bank-to-bank: The first line is drawn directly across the channel from position 42°10.98′ N, 083°09.29′ W; the second line, to the north, is drawn directly across the channel from position 42°11.7′ N, 083°08.9′ W. (f) Roar on the River Power- All U.S. waters of the Trenton Channel bounded by an east/west line starting at a boat Race Trenton, MI. point on land at the northern end of Elizabeth Park in Trenton, MI, located at position 42°8.2′ N; 083°10.6′ W, extending east to a point near the center of the Trenton Channel at position 42°8.2′ N; 083°10.4′ W, extending South to the Grosse Ile Parkway Bridge located at position 42°7.7′ N; 083°10.5′ W, west to the shore. (g) St. Clair River Classic All U.S. waters of the St. Clair River bounded by latitude 42°50.5′ N to the north Power Boat Race St. and latitude 42°48.5′ N to the south; the shoreline of the St. Clair River on the Clair, MI. west; and the international boundary line on the east. (h) Marine City Water Ski All U.S. waters of the St. Clair River 200 feet seaward of latitude position Show Marine City, MI. 42°43.382′ N, and to the south by 2,000 feet to 200 feet seaward of latitude position 42°42.983′ N. (i) Detroit Hydrofest Power All U.S. waters of the Detroit River in Scott Middle Ground, north of Belle Isle, Boat Race Detroit, MI. Michigan, starting at positions 42°20.506′ N, 083°00.016′ W, on the Douglas MacArthur Bridge; extending east to the Belle Isle Crib Light at 42°21.205′ N, 082°57.996′ W. (j) Bay City Grand Prix Pow- All waters of the Saginaw River bounded on the north by the Liberty Bridge, loerboat Races Bay City, MI. cated at 43°36.3′ N, 083°53.4′ W, and bounded on the south by the Veterans Memorial Bridge, located at 43°35.8′ N, 083°53.6′ W. (k) Tug Across the River De- All U.S. waters of the Detroit River, Detroit, Michigan, bounded on the south by the troit, MI. International boundary, on the west by 083°03′ W, on the east by 083°02′ W, and on the north by the U.S. shoreline. This position is located on the Detroit River in front of Hart Plaza, Detroit, MI. VerDate Sep<11>2014 17:34 Oct 16, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\17OCP1.SGM 17OCP1 Two days in April or May. Two days in April or May. Two days in April or May. One day in June or July. One day in July or August. Three consecutive days in July or August. One weekend in July or August. One day at the end of July or beginning of August. Three consecutive days in August or September. One weekend at the end of June or beginning of July. One day in June or July. 52336 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Proposed Rules TABLE 1 TO § 100.911—Continued Event (l) Michigan Championships Swimming Event Detroit, MI. (m) Bay City Tall Ships Parade of Sail Bay City, MI. 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; 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. All waters throughout the federal navigational channel of Saginaw Bay from Light Buoy 11 at position 43°43.90′ N, 083°46.87′ W and Light 12 at position 43°43.93′ N, 083°46.95′ W to the Saginaw River, and on all waters of the Saginaw River from its mouth to the Veterans Memorial Bridge in Bay City, MI at position 43°35.77′ N, 083°53.60′ W. Event (n) Frogtown Race Regatta Toledo, OH. (o) Dragon Boat Learning Festival Toledo, OH. Marine Safety Unit Toledo Special Local Regulations 3. Remove §§ 100.912, 100.913, 100.914, 100.915, 100.916, 100.917, 100.918, 100.919, 100.920, 100.921, 100.927, and 100.928. ■ Dated: October 11, 2018. Jeffrey W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2018–22517 Filed 10–16–18; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Office 37 CFR Parts 201 and 202 [Docket No. 2018–9] Registration Modernization U.S. Copyright Office, Library of Congress. ACTION: Notification of inquiry. AGENCY: The U.S. Copyright Office is building a new registration system to meet the demands of the digital age. As the Office develops a new technological infrastructure for this system, it is considering several legal and policy changes to improve user experience, increase Office efficiency, and decrease processing times. The Office is seeking public comment to inform its decisions on how to improve the regulations and practices related to the registration of copyright claims. DATES: Written comments must be received no later than 11:59 p.m. Eastern Time on January 15, 2019. daltland on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:34 Oct 16, 2018 Jkt 247001 For reasons of government efficiency, the Copyright Office is using the regulations.gov system for the submission and posting of public comments in this proceeding. All comments are therefore to be submitted electronically through regulations.gov. Specific instructions for submitting comments are available on the Copyright Office website at https:// www.copyright.gov/rulemaking/regmodernization. If electronic submission of comments is not feasible due to lack of access to a computer and/or the internet, please contact the Office using the contact information below for special instructions. FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and Associate Register of Copyrights at regans@copyright.gov; Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice at rkas@copyright.gov; Erik Bertin, Deputy Director of Registration Policy and Practice at ebertin@ copyright.gov; Cindy Abramson, Assistant General Counsel at ciab@ copyright.gov; or Jalyce Mangum at jmang@copyright.gov. All can be reached by telephone by calling 202– 707–3000. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Background The U.S. Copyright Office (the ‘‘Office’’) is statutorily responsible for administering the nation’s copyright laws pursuant to the Copyright Act.1 1 See 17 U.S.C. 701(a) (‘‘All administrative functions and duties under this title . . . are the responsibility of the Register of Copyrights as director of the Copyright Office of the Library of Congress.’’). PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Tri-annually in July. Date All waters of the Maumee River, Toledo, OH, from the Martin Luther King Jr. Memorial Bridge at River Mile 4.30 to the Michael DiSalle Bridge at River Mile 6.73. All waters of the Maumee River in Toledo, OH between the Martin Luther King Jr. Memorial Bridge at river mile 4.30 and a line extending from a point at position 41°38.78′ N, 083°31.84′ W at International Park straight across the river to shore near the mouth of Swan Creek at position 41°38.79′ N, 083°32.03′ W. §§ 100.912 through 100.921, 100.927, and 100.928 [Removed] One day in August or September. One day in September. One day in June or July. One of the most significant responsibilities assigned to the Office is the registration of copyright claims. The Office’s registration services are vital to creators and users of creative works of all types, including large and small businesses, individuals, and non-profit organizations. Copyright registration provides essential benefits for copyright owners. Before bringing a lawsuit for infringement of a U.S. work, registration of the claim must be made in accordance with the Copyright Act, or refused by the Office.2 A timely registration constitutes prima facie evidence of the validity of the copyright and the facts stated in the certificate of registration.3 Additionally, copyright owners must obtain a timely registration to seek statutory damages and attorney’s fees in litigation.4 A registration also creates a public record that includes key facts relating to the authorship and ownership of the work, as well as information about the work itself, such as title, year of creation, and date of publication (if any). And an index of 2 17 U.S.C. 411(a). The Supreme Court recently granted certiorari to resolve a conflict among the circuits concerning the interpretation of section 411(a), specifically, whether a copyright owner may commence an infringement suit after delivering the proper deposit, application, and fee to the Copyright Office, but before the Register of Copyrights has acted on the application for registration. In the government’s view, the statute requires the copyright owner to receive either a registration or a refusal from the Copyright Office before instituting suit. See Br. for the U.S. as Amicus Curiae for Writ of Cert. at 12, Fourth Estate Pub. Ben. Corp. v. Wall-Street.com, LLC, 856 F.3d 1338 (11th Cir. 2017), (No. 17–571), available at https://www.copyright.gov/rulings-filings/briefs/ fourth-estate-pub-ben-corp-v-wall-street-com-138-sct-720-2018.pdf. 3 17 U.S.C. 410(c). 4 See 17 U.S.C. 412, 504, 505. E:\FR\FM\17OCP1.SGM 17OCP1

Agencies

[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Proposed Rules]
[Pages 52333-52336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22517]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / 
Proposed Rules

[[Page 52333]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0929]
RIN 1625-AA08


Special Local Regulations; Marine Events in the Coast Guard 
Sector Detroit Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This proposed rule is intended to amend the rules that 
regulate vessel traffic and control navigation of portions of waterways 
during events that pose a hazard to public safety. This rule, if 
adopted, would add six new reoccurring special local regulations, 
remove six special local regulations, and amend the event, dates, and/
or regulated areas for the 15 recurring special local regulations that 
will be listed in a table. The permanent special local regulations 
established by this proposed rule are necessary to protect spectators, 
participants, and vessels from the hazards associated with the varying 
types of marine events. This proposed rulemaking would restrict vessel 
traffic in the designated areas during the events unless authorized by 
the Captain of the Port Detroit or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 16, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0929 using the Federal eRulemaking portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Tracy Girard, Prevention Department, 
Sector Detroit, Coast Guard; telephone (313) 568-9564, 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
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    Marine events are held on a recurring basis on the navigable waters 
within the Coast Guard Sector Detroit COTP Zone. In past history, the 
Coast Guard established special local regulations for these recurring 
event. These events have been submitted annually to ensure the 
protection of the maritime public and event participants from the 
hazards associated with these events. The Coast Guard has never 
received public comments or concerns regarding the impact to waterway 
traffic from these annually reoccurring events.
    This proposed rule would consistently apprise the public in a 
timely manner through permanent publication in Title 33 of the Code of 
Federal Regulations. The table in this proposed rule would list each 
annual recurring event requiring a special local regulated area as 
administered by the Coast Guard.
    By establishing permanent regulations containing these events, the 
Coast Guard would eliminate the need to establish temporary rules for 
events that occur on an annual basis and thereby limit the costs 
associated with cumulative regulations. This rulemaking would remove, 
add, and consolidate regulations to better meet the Coast Guard's 
intended purpose of ensuring safety during these events. The Coast 
Guard proposes this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    The purpose of this rulemaking is to combine all of the Captain of 
the Port Detroit Zone's special local regulations from 33 CFR 100.911 
through Sec.  100.928, into one table under Sec.  100.911. This table 
will ensure accuracy of times, dates, and dimensions for various marine 
events that are expected to be conducted within the Captain of the Port 
Detroit Zone throughout the year. We also propose to remove Sec.  
[thinsp]100.911, Sec.  100.912, Sec.  100.913, Sec.  100.914, Sec.  
100.915, Sec.  100.916, Sec.  100.917, Sec.  100.918, Sec.  100.919, 
Sec.  100.920 Sec.  100.921, Sec.  100.927, Sec.  100.928 replacing 
these regulations with a table. In addition, we propose to add three 
rowing events, two swim events, and a water ski show to the table.
    As large numbers of spectator vessels and marine traffic are 
expected to congregate around the event location, the regulated areas 
are needed to protect both spectators and participants from the safety 
hazards associated with the event. During the enforcement period of the 
regulated areas, persons and vessels would be prohibited from entering, 
transiting through, remaining, anchoring or mooring within the zone 
unless specifically authorized by the COTP or the designated 
representative. The Coast Guard may be assisted by other Federal, State 
and local agencies in the enforcement of these regulated areas. These 
events are listed below in the text of the regulation.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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.
    The Coast Guard has previously promulgated special local 
regulations or safety zones, in 33 CFR part 100, for all event areas 
contained within this

[[Page 52334]]

proposed regulation and has not received notice of any negative impact 
caused by any of the special local regulations. By establishing a 
permanent regulation containing all of these events, the Coast Guard 
will eliminate the need to establish individual temporary rules for 
each separate event that occurs on an annual basis, thereby limiting 
the costs of cumulative regulations.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated areas may be small entities, for the reasons stated in 
section IV.A above this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made a preliminary 
determination 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 proposed rule involves regulated areas for swim 
events and other marine events. Normally such actions are categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record 
of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.


[[Page 52335]]


    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. Revise Sec.  100.911 to read as follows:


Sec.  100.911  Special Local Regulations; Marine Events in the Coast 
Guard Sector Detroit Captain of the Port Zone.

    (a) General. The following regulations apply to the marine events 
listed in Table 1 to Sec.  100.911, along with the requirements of 
Sec.  100.901. These regulations will be enforced for the duration of 
each event, on or about the dates indicated. Annual notice of the exact 
dates and times of the effective period of the regulations with respect 
to each event, the geographical area, and details concerning of the 
event will be made by publication in the Federal Register via a Notice 
of Enforcement, published in a Local Notices to Mariners, and broadcast 
over VHF-FM radio. Although listed in the Code of Federal Regulations, 
sponsors of events listed in the table to Sec.  100.911 are still 
required to submit marine event applications in accordance with Sec.  
100.15.
    (b) Special local regulations. No vessel may enter, transit 
through, or anchor within the regulated area without the permission of 
the Coast Guard Patrol Commander.
    (c) Vessel operators desiring to enter or operate within the 
regulated area shall contact the Coast Guard Patrol Commander to obtain 
permission to do so. Vessel operators given permission to enter or 
operate within the regulated area must comply with all directions given 
to them by the Coast Guard Patrol Commander.
    (d) All geographic coordinates in Table 1 to Sec.  100.911 are 
North American Datum of 1983 (NAD 83).

                                            Table 1 to Sec.   100.911
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                COTP Zone Detroit
----------------------------------------------------------------------------------------------------------------
Event                                     Sector Detroit Special Local Regulations..  Date
----------------------------------------------------------------------------------------------------------------
(a) Hebda Cup Rowing Regatta Rowing       All waters of the Detroit River, Trenton    Two days in April or May.
 Event Wyandotte, MI.                      Channel between the following two lines
                                           going from bank-to-bank: The first line
                                           is drawn directly across the channel from
                                           position 42[deg]10.98' N, 083[deg]09.29'
                                           W; the second line, to the north, is
                                           drawn directly across the channel from
                                           position 42[deg]11.7' N, 083[deg]08.9' W.
(b) Wy-Hi Rowing Regatta Rowing Event--   All waters of the Detroit River, Trenton    Two days in April or May.
 Wyandotte, MI.                            Channel between the following two lines
                                           going from bank-to-bank: The first line
                                           is drawn directly across the channel from
                                           position 42[deg]10.98' N, 083[deg]09.29'
                                           W; the second line, to the north, is
                                           drawn directly across the channel from
                                           position 42[deg]11.7' N, 083[deg]08.9' W.
(c) Wyandotte Rowing Regatta Wyandotte,   All waters of the Detroit River, Trenton    Two days in April or May.
 MI.                                       Channel between the following two lines
                                           going from bank-to-bank: The first line
                                           is drawn directly across the channel from
                                           position 42[deg]10.98' N, 083[deg]09.29'
                                           W; the second line, to the north, is
                                           drawn directly across the channel from
                                           position 42[deg]11.7' N, 083[deg]08.9' W.
(d) Motor City Mile Swimming Event        All waters of the Detroit River, Belle      One day in June or July.
 Detroit, MI.                              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; 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]20.843' N, 082[deg]58.792' W.
(e) Wyandotte Invites Rowing Event        All waters of the Detroit River, Trenton    One day in July or August.
 Wyandotte, MI.                            Channel between the following two lines
                                           going from bank-to-bank: The first line
                                           is drawn directly across the channel from
                                           position 42[deg]10.98' N, 083[deg]09.29'
                                           W; the second line, to the north, is
                                           drawn directly across the channel from
                                           position 42[deg]11.7' N, 083[deg]08.9' W.
(f) Roar on the River Powerboat Race      All U.S. waters of the Trenton Channel      Three consecutive days in
 Trenton, MI.                              bounded by an east/west line starting at    July or August.
                                           a point on land at the northern end of
                                           Elizabeth Park in Trenton, MI, located at
                                           position 42[deg]8.2' N; 083[deg]10.6' W,
                                           extending east to a point near the center
                                           of the Trenton Channel at position
                                           42[deg]8.2' N; 083[deg]10.4' W, extending
                                           South to the Grosse Ile Parkway Bridge
                                           located at position 42[deg]7.7' N;
                                           083[deg]10.5' W, west to the shore.
(g) St. Clair River Classic Power Boat    All U.S. waters of the St. Clair River      One weekend in July or
 Race St. Clair, MI.                       bounded by latitude 42[deg]50.5' N to the   August.
                                           north and latitude 42[deg]48.5' N to the
                                           south; the shoreline of the St. Clair
                                           River on the west; and the international
                                           boundary line on the east.
(h) Marine City Water Ski Show Marine     All U.S. waters of the St. Clair River 200  One day at the end of July
 City, MI.                                 feet seaward of latitude position           or beginning of August.
                                           42[deg]43.382' N, and to the south by
                                           2,000 feet to 200 feet seaward of
                                           latitude position 42[deg]42.983' N.
(i) Detroit Hydrofest Power Boat Race     All U.S. waters of the Detroit River in     Three consecutive days in
 Detroit, MI.                              Scott Middle Ground, north of Belle Isle,   August or September.
                                           Michigan, starting at positions
                                           42[deg]20.506' N, 083[deg]00.016' W, on
                                           the Douglas MacArthur Bridge; extending
                                           east to the Belle Isle Crib Light at
                                           42[deg]21.205' N, 082[deg]57.996' W.
(j) Bay City Grand Prix Powerboat Races   All waters of the Saginaw River bounded on  One weekend at the end of
 Bay City, MI.                             the north by the Liberty Bridge, located    June or beginning of
                                           at 43[deg]36.3' N, 083[deg]53.4' W, and     July.
                                           bounded on the south by the Veterans
                                           Memorial Bridge, located at 43[deg]35.8'
                                           N, 083[deg]53.6' W.
(k) Tug Across the River Detroit, MI....  All U.S. waters of the Detroit River,       One day in June or July.
                                           Detroit, Michigan, bounded on the south
                                           by the International boundary, on the
                                           west by 083[deg]03' W, on the east by
                                           083[deg]02' W, and on the north by the
                                           U.S. shoreline. This position is located
                                           on the Detroit River in front of Hart
                                           Plaza, Detroit, MI.

[[Page 52336]]

 
(l) Michigan Championships Swimming       All waters of the Detroit River and Belle   One day in August or
 Event Detroit, MI.                        Isle Beach between the following two        September.
                                           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; 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.
(m) Bay City Tall Ships Parade of Sail    All waters throughout the federal           Tri-annually in July.
 Bay City, MI.                             navigational channel of Saginaw Bay from
                                           Light Buoy 11 at position 43[deg]43.90'
                                           N, 083[deg]46.87' W and Light 12 at
                                           position 43[deg]43.93' N, 083[deg]46.95'
                                           W to the Saginaw River, and on all waters
                                           of the Saginaw River from its mouth to
                                           the Veterans Memorial Bridge in Bay City,
                                           MI at position 43[deg]35.77' N,
                                           083[deg]53.60' W.
----------------------------------------------------------------------------------------------------------------
Event                                     Marine Safety Unit Toledo Special Local     Date
                                           Regulations.
----------------------------------------------------------------------------------------------------------------
(n) Frogtown Race Regatta Toledo, OH....  All waters of the Maumee River, Toledo,     One day in September.
                                           OH, from the Martin Luther King Jr.
                                           Memorial Bridge at River Mile 4.30 to the
                                           Michael DiSalle Bridge at River Mile 6.73.
(o) Dragon Boat Learning Festival         All waters of the Maumee River in Toledo,   One day in June or July.
 Toledo, OH.                               OH between the Martin Luther King Jr.
                                           Memorial Bridge at river mile 4.30 and a
                                           line extending from a point at position
                                           41[deg]38.78' N, 083[deg]31.84' W at
                                           International Park straight across the
                                           river to shore near the mouth of Swan
                                           Creek at position 41[deg]38.79' N,
                                           083[deg]32.03' W.
----------------------------------------------------------------------------------------------------------------

Sec. Sec.  100.912 through 100.921, 100.927, and 100.928  [Removed]

0
3. Remove Sec. Sec.  100.912, 100.913, 100.914, 100.915, 100.916, 
100.917, 100.918, 100.919, 100.920, 100.921, 100.927, and 100.928.

    Dated: October 11, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-22517 Filed 10-16-18; 8:45 am]
 BILLING CODE 9110-04-P
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