Special Local Regulations; Marine Events in the Coast Guard Sector Detroit Captain of the Port Zone, 66128-66131 [2018-27772]
Download as PDF
<![CDATA[
66128
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations
(j)(2), (k)(1), and (k)(2) of the Privacy
Act.
Dated: December 18, 2018.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties
Officer, United States Department of Justice.
[FR Doc. 2018–27798 Filed 12–21–18; 8:45 am]
BILLING CODE 4410–58–P
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is updating
its recurring special local regulations in
the Captain of the Port Detroit. This rule
updates fifteen special local regulation
locations, dates, and sizes, adds six
special local regulations, removes six
established special local regulations,
and reformats the regulations into an
easier to read table format. These
amendments will ensure safety of life on
navigable waters to be used for a various
events immediately prior to, during, and
immediately after these events.
DATES: This rule is effective January 25,
2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0929 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 Tracy Girard, Prevention
Department, Sector Detroit, Coast
Guard; telephone (313) 568–9564, email
Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
amozie on DSK3GDR082PROD with RULES
SUMMARY:
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
VerDate Sep<11>2014
16:56 Dec 21, 2018
Jkt 247001
II. Background Information and
Regulatory History
On October 17, 2018 the Coast Guard
published an NPRM in the Federal
Register (83 FR 52333) entitled ‘‘Special
Local Regulations; Marine Events in the
Coast Guard Sector Detroit Captain of
the Port Zone.’’ The NPRM proposed to
establish fifteen permanent special local
regulations for annually recurring
events in the Captain of the Port Detroit
Zone under § 100.911. The NPRM was
open for comment for 30 days. There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to these special
local regulations. During the comment
period that ended November 17, 2018,
we received two comments.
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 these
various special local regulations 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 locations listed in table to help
minimize risks to safety of life and
property during this event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received two
positive comments encouraging this rule
on our NPRM published October 17,
2018. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule updates fifteen special local
regulation locations, dates, and sizes,
adds six special local regulations,
removes six established special local
regulations, and reformats the
regulations into an easier to read table
format. The exact duration and dates of
the special local regulations will be
determined annually. In light of the
aforementioned hazards, the COTP has
determined that a special local
regulation is necessary to protect
spectators, vessels, and participants. No
vessel or person will be permitted to
enter the special local regulation
without obtaining permission from the
COTP or a designated representative.
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
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
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-day for each special local
regulation. Vessel traffic will be able to
safely transit most safety zones which
will impact small designated areas
within the COTP zone for short
durations of time. Moreover, the Coast
Guard will issue Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone and the rule allows
vessels to seek permission to enter the
zone.
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 received no comments
from the Small Business Administration
on this rulemaking. 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
E:\FR\FM\26DER1.SGM
26DER1
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations
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).
amozie on DSK3GDR082PROD with RULES
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 Order13132.
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.
VerDate Sep<11>2014
16:56 Dec 21, 2018
Jkt 247001
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 updates fifteen
special local regulation locations, dates,
and sizes, adds six special local
regulations, removes six established
special local regulations, and reformats
the regulations into an easier to read
table format. It is categorically excluded
from further review under paragraph
L[60] of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
66129
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR
1.05–1.
■
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 regulations in this
section 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. (1) No
vessel may enter, transit through, or
anchor within the regulated area
without the permission of the Coast
Guard Patrol Commander.
(2) 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.
(3) All geographic coordinates in
Table 1 to § 100.911 are North American
Datum of 1983 (NAD 83).
E:\FR\FM\26DER1.SGM
26DER1
66130
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations
TABLE 1 TO § 100.911
[COTP Zone Detroit]
Event
Sector Detroit special local regulations
(1) 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.
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.
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.
All waters of the Detroit River, 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°20.843′ N,
082°58.792′ W.
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.
All U.S. waters of the Trenton Channel bounded by an east/west line
starting at a 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.
All U.S. waters of the St. Clair River bounded by latitude 42°50.5′ N
to the north and latitude 42°48.5′ N to the south; the shoreline of
the St. Clair River on the west; and the international boundary line
on the east.
All U.S. waters of the St. Clair River 200 feet seaward of latitude position 42°43.382′ N, and to the south by 2,000 feet to 200 feet seaward of latitude position 42°42.983′ N.
All U.S. waters of the Detroit River in Scott Middle Ground, north of
Belle Isle, 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.
All waters of the Saginaw River bounded on the north by the Liberty
Bridge, located 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.
All U.S. waters of the Detroit River, Detroit, Michigan, bounded on
the south by the 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.
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.
(2) Wy-Hi Rowing Regatta Rowing
Event, Wyandotte, MI.
(3) Wyandotte Rowing
Wyandotte, MI.
(4) Motor City Mile
Event, Detroit, MI.
(5) Wyandotte Invites
Event, Wyandotte, MI.
Regatta,
Swimming
Rowing
(6) Roar on the River Powerboat
Race, Trenton, MI.
(7) St. Clair River Classic Power
Boat Race, St. Clair, MI.
(8) Marine City Water Ski Show,
Marine City, MI.
(9) Detroit Hydrofest Power Boat
Race, Detroit, MI.
(10) Bay City Grand Prix Powerboat Races, Bay City, MI.
(11) Tug Across the River, Detroit,
MI.
(12)
Michigan
Championships
Swimming Event, Detroit, MI.
amozie on DSK3GDR082PROD with RULES
(13) Bay City Tall Ships Parade of
Sail, Bay City, MI.
VerDate Sep<11>2014
16:56 Dec 21, 2018
Jkt 247001
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
E:\FR\FM\26DER1.SGM
Date
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.
One day in August or September.
Tri-annually in July.
26DER1
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations
Event
Marine safety unit Toledo special local regulations
(14) Frogtown Race Regatta, Toledo, OH.
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.
(15) Dragon Boat Learning Festival,
Toledo, OH.
§§ 100.912 through 100.921, 100.927, and
100.928 [Removed]
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: December 18, 2018.
Jeffrey W. Novak,
Captain, U. S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2018–27772 Filed 12–21–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–1054]
Drawbridge Operation Regulation;
Duwamish Waterway, Seattle, WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Southwest
Spokane Street Bridge (Spokane Street
Bridge), mile 0.3, across the Duwamish
Waterway at Seattle, WA. The deviation
is necessary to accommodate re-routed
roadway traffic while the Alaskan Way
Viaduct is closed. This deviation allows
the subject bridge to remain in the
closed-to-navigation position to allow
congested roadway traffic to move
easier.
SUMMARY:
This deviation is effective from
7 a.m. on January 11, 2019, to 7 p.m. on
February 9, 2019.
ADDRESSES: The docket for this
deviation, USCG–2018–1054 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
amozie on DSK3GDR082PROD with RULES
DATES:
VerDate Sep<11>2014
16:56 Dec 21, 2018
Jkt 247001
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: Seattle
Department of Transportation (SDOT),
the owner of the impacted drawbridges,
requested a temporary deviation from
the operating schedule for the Spokane
Street Bridge, mile 0.3, across the
Duwamish Waterway at Seattle, WA, to
facilitate morning and afternoon rerouted roadway traffic. Washington
Department of Transportation is closing
the Alaskan Way Viaduct forever, and
have not finished building new ramp
approaches to the new SR99 Tunnel
into Seattle, WA. During the closure of
the viaduct, SDOT will be re-routing
roadway traffic into Seattle across the
Duwamish Waterway, and requested to
not open the subject bridge to marine
vessels during morning and afternoon
hours. The normal operating schedule
for the Spokane Street Bridge is in 33
CFR 117.5; which is open on signal. The
Spokane Street Bridge provides a
vertical clearance of 55 feet for the
center 130 feet in the closed-tonavigation position, and 44 feet in the
closed-to-navigation position on both
sides. Vertical clearances refer to the
Mean High tide level.
During this deviation period, the
Spokane Street Bridge draw need not
open to vessels from 7 a.m. to 10 a.m.,
and from 2 p.m. to 5 p.m. from January
11, 2019 to February 9, 2019, for vessels
less than 5000 gross tons. If a vessel has
in tow a vessel of 5000, or more, gross
tons, or is a vessel proceeding to pick
up a tow vessel of 5000, or more, gross
tons, the Spokane Street Bridge shall
open on signal. Delta Marine will be
conducting sea trials during this
deviation period with a 174 foot, 900
ton vessel; SDOT has agreed to open the
subject bridge, on signal, for the Delta
Marine vessel during this deviation
period. Waterway usage on the
Duwamish Waterway range from large
mega yachts, commercial tug and barge
to small pleasure craft. Vessels able to
pass through the subject bridge in the
closed-to-navigation position may do so
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
66131
Date
One day in September.
One day in June or July.
at any time. The Spokane Street Bridge
will not be able to open for emergencies,
and there is no immediate alternate
route for vessels to pass. The Coast
Guard will also inform the users of the
waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridges so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the Spokane Street Bridge must return
to its regular operating schedule
immediately at the end of the effective
period of this temporary deviation. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: December 3, 2018.
Steven M. Fischer,
Bridge Chief Administrator, Thirteenth Coast
Guard District.
[FR Doc. 2018–27831 Filed 12–21–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–1107]
RIN 1625–AA00
Safety Zone; Mathai Fireworks, Detroit
River, Detroit, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 420-foot
radius of a portion of the Detroit River,
Detroit, MI. This zone is necessary to
protect spectators and vessels from
potential hazards associated with the
Mathai marriage proposal fireworks.
DATES: This temporary final rule is
effective from 10 p.m. on December 27,
2018 through 10:30 p.m. on December
28, 2018.
SUMMARY:
E:\FR\FM\26DER1.SGM
26DER1
]]>Agencies
[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Rules and Regulations]
[Pages 66128-66131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27772]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is updating its recurring special local
regulations in the Captain of the Port Detroit. This rule updates
fifteen special local regulation locations, dates, and sizes, adds six
special local regulations, removes six established special local
regulations, and reformats the regulations into an easier to read table
format. These amendments will ensure safety of life on navigable waters
to be used for a various events immediately prior to, during, and
immediately after these events.
DATES: This rule is effective January 25, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0929 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 Tracy Girard, Prevention Department, Sector Detroit,
Coast Guard; telephone (313) 568-9564, email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On October 17, 2018 the Coast Guard published an NPRM in the
Federal Register (83 FR 52333) entitled ``Special Local Regulations;
Marine Events in the Coast Guard Sector Detroit Captain of the Port
Zone.'' The NPRM proposed to establish fifteen permanent special local
regulations for annually recurring events in the Captain of the Port
Detroit Zone under Sec. 100.911. The NPRM was open for comment for 30
days. There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to these special local
regulations. During the comment period that ended November 17, 2018, we
received two comments.
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 these various
special local regulations 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 locations
listed in table to help minimize risks to safety of life and property
during this event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two positive comments encouraging this
rule on our NPRM published October 17, 2018. There are no changes in
the regulatory text of this rule from the proposed rule in the NPRM.
This rule updates fifteen special local regulation locations,
dates, and sizes, adds six special local regulations, removes six
established special local regulations, and reformats the regulations
into an easier to read table format. The exact duration and dates of
the special local regulations will be determined annually. In light of
the aforementioned hazards, the COTP has determined that a special
local regulation is necessary to protect spectators, vessels, and
participants. No vessel or person will be permitted to enter the
special local regulation without obtaining permission from the COTP or
a designated representative.
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-day for each special local regulation.
Vessel traffic will be able to safely transit most safety zones which
will impact small designated areas within the COTP zone for short
durations of time. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone and the
rule allows vessels to seek permission to enter the zone.
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 received no comments from the Small Business
Administration on this rulemaking. 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
[[Page 66129]]
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
Order13132.
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.
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 updates
fifteen special local regulation locations, dates, and sizes, adds six
special local regulations, removes six established special local
regulations, and reformats the regulations into an easier to read table
format. It is categorically excluded from further review under
paragraph L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.
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 regulations in this section 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. (1) No vessel may enter, transit
through, or anchor within the regulated area without the permission of
the Coast Guard Patrol Commander.
(2) 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.
(3) All geographic coordinates in Table 1 to Sec. 100.911 are
North American Datum of 1983 (NAD 83).
[[Page 66130]]
Table 1 to Sec. 100.911
[COTP Zone Detroit]
------------------------------------------------------------------------
Sector Detroit special
Event local regulations Date
------------------------------------------------------------------------
(1) Hebda Cup Rowing Regatta All waters of the Two days in
Rowing Event, Wyandotte, MI. Detroit River, April or May.
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]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.
(2) Wy-Hi Rowing Regatta All waters of the Two days in
Rowing Event, Wyandotte, MI. Detroit River, April or May.
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]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.
(3) Wyandotte Rowing Regatta, All waters of the Two days in
Wyandotte, MI. Detroit River, April or May.
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]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.
(4) Motor City Mile Swimming All waters of the One day in June
Event, Detroit, MI. Detroit River, Belle or July.
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.
(5) Wyandotte Invites Rowing All waters of the One day in July
Event, Wyandotte, MI. Detroit River, or August.
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]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.
(6) Roar on the River All U.S. waters of the Three
Powerboat Race, Trenton, MI. Trenton Channel consecutive
bounded by an east/ days in July or
west line starting at 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.
(7) St. Clair River Classic All U.S. waters of the One weekend in
Power Boat Race, St. Clair, St. Clair River July or August.
MI. bounded by latitude
42[deg]50.5' N to the
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.
(8) Marine City Water Ski All U.S. waters of the One day at the
Show, Marine City, MI. St. Clair River 200 end of July or
feet seaward of beginning of
latitude position 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.
(9) Detroit Hydrofest Power All U.S. waters of the Three
Boat Race, Detroit, MI. Detroit River in consecutive
Scott Middle Ground, days in August
north of Belle Isle, 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.
(10) Bay City Grand Prix All waters of the One weekend at
Powerboat Races, Bay City, MI. Saginaw River bounded the end of June
on the north by the or beginning of
Liberty Bridge, July.
located at
43[deg]36.3' N,
083[deg]53.4' W, and
bounded on the south
by the Veterans
Memorial Bridge,
located at
43[deg]35.8' N,
083[deg]53.6' W.
(11) Tug Across the River, All U.S. waters of the One day in June
Detroit, MI. Detroit River, 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.
(12) Michigan Championships All waters of the One day in
Swimming Event, Detroit, MI. Detroit River and August or
Belle Isle Beach September.
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]20.997' N,
082[deg]58.846' W.
(13) Bay City Tall Ships All waters throughout Tri-annually in
Parade of Sail, Bay City, MI. the federal July.
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.
------------------------------------------------------------------------
[[Page 66131]]
Marine safety unit
Event Toledo special local Date
regulations
------------------------------------------------------------------------
(14) Frogtown Race Regatta, All waters of the One day in
Toledo, OH. Maumee River, Toledo, 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.
(15) Dragon Boat Learning All waters of the One day in June
Festival, Toledo, OH. Maumee River in or July.
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[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. [thinsp]100.912 through 100.921, 100.927, and 100.928
[Removed]
0
3. Remove 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, and Sec. 100.928.
Dated: December 18, 2018.
Jeffrey W. Novak,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-27772 Filed 12-21-18; 8:45 am]
BILLING CODE 9110-04-P
