Special Local Regulations; Roar on the River, Detroit River, Wyandotte, MI, 50994-50996 [2021-19757]
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations
Executive Order 12988
The Department has reviewed this
rulemaking in light of sections 3(a) and
3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burdens.
The Department finds that this
regulation does not have sufficient
federalism implications to require
consultations or warrant the preparation
of a federalism summary impact
statement.
Paperwork Reduction Act
This rulemaking does not create or
affect any information collection that is
subject to 44 U.S.C. chapter 35.
List of Subjects in 22 CFR Part 62
Cultural exchange programs,
Reporting and recordkeeping
requirements.
PART 62—EXCHANGE VISITOR
PROGRAM
1. The Authority citation for part 62
continues to read as follows:
■
Authority: 8 U.S.C. 1101(a)(15)(J), 1182,
1184, 1258; 22 U.S.C. 1431 et seq.; 22 U.S.C.
2451 et seq.; 22 U.S.C. 2651a; 22 U.S.C.
6531–6553; Reorganization Plan No. 2 of
1977, 42 FR 62461, 3 CFR, 1977 Comp. p.
200; E.O. 12048, 43 FR 13361, 3 CFR, 1978
Comp., p. 168; 8 U.S.C. 1372; section 416 of
Pub. L. 107–56, 115 Stat. 354 (8 U.S.C. 1372
note); and 8 U.S.C. 1761–1762.
Sanctions.
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*
*
*
*
(j) * * *
(2) Service of notice to sponsor.
Service of notice to a sponsor pursuant
to this section may be accomplished
through written notice by mail, delivery,
electronic mail, or facsimile, upon the
president, chief executive officer,
managing director, General Counsel,
Responsible Officer, or Alternate
Responsible Officer of the sponsor.
[FR Doc. 2021–19746 Filed 9–13–21; 8:45 am]
BILLING CODE 4710–05–P
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Jkt 253001
[Docket No. USCG–2021–0622]
Special Local Regulations; Roar on the
River, Detroit River, Wyandotte, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for certain waters of the Detroit River,
Wyandotte, MI. This action is necessary
to protect safety of life on navigable
waters immediately prior to, during, and
after the Roar on the River power boat
race. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Detroit or a designated
representative.
SUMMARY:
This regulation is effective from
11 a.m. through 1 p.m. on September 25,
2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0622 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions on this rule, call or
email Ms. Tracy Girard, Waterways
Management Division, Sector Detroit,
U.S. Coast Guard; telephone (313) 568–
9564, email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
2. Revise § 62.50(j)(2) to read as
follows:
■
Zachary A. Parker,
Director, Office of Directives Management,
Department of State.
33 CFR Part 100
DATES:
For reasons stated in the preamble,
the State Department amends 22 CFR
part 62 as follows:
*
Coast Guard
RIN 1625–AA08
Executive Orders 12372 and 13132—
Federalism
§ 62.50
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
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because we
must establish this special local
regulation by September 25, 2021.
Delaying the effective date of this
regulation for a comment period to run
would be contrary to the public interest
and impractical because it would inhibit
the Coast Guard’s ability to protect
spectators and vessels from the potential
safety hazards associated with a power
boat race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Detroit (COTP) has
determined that potential hazards
associated with the Roar on the River
Powerboat Race on September 25, 2021,
will be a safety concern for anyone
navigating within the Trenton Channel
in the Detroit River.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation from 11 a.m.
through 1 p.m. on September 25, 2021.
In light of the aforementioned hazards,
the COTP has determined that a special
local regulation is necessary to protect
spectators, vessels, and participants.
The special local regulation will
encompass the following waterway: All
waters of the Detroit River encompassed
within the following four points: From
point 42°14.160′ N, 083°08.580′ W (NAD
83); a line drawn south to point
42°14.140′ N, 083°08.400′ W (NAD 83);
a line drawn east to position
′42°14.1407′ N, 083°08.280′ W (NAD
83); a line drawn north to position
′42°14.0407′ N, 083°08.460′ W (NAD
83); a line drawn west to point
42°14.160′ N, 083°08.580′ W (NAD 83).
The COTP or a designated on-scene
representative will notify the public of
the enforcement of this rule by all
appropriate means, including a
Broadcast Notice to Mariners.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations
tkelley on DSK125TN23PROD with RULES1
approaches that maximize net benefits.
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).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the special local
regulation. Vessel traffic will be able to
safely transit around this regulated area
which would impact a small designated
area of the Detroit River for two hours
in an area where vessel traffic is
normally low. Moreover, the Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the rule would
allow 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 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 area may
be small entities, for the reasons stated
in section V.A. above, this rule will not
have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email 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–
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17:05 Sep 13, 2021
Jkt 253001
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), 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 special local
PO 00000
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50995
regulation lasts two hours and will
prohibit entry within the navigable
waters of the Detroit River, It is
categorically excluded from further
review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 100.T05–0622 to read as
follows:
■
§ 100.T05–0622 Special Local Regulations;
Roar on the River, Detroit River, Wyandotte,
MI.
(a) Location. A regulated area is
established to encompass the following
waterway: All waters of the Detroit
River encompassed within the following
four points: from point 42°14.160′ N,
083°08.580′ W, a line drawn south to
point 42°14.140′ N, 083°08.400′ W a line
drawn east to position ′42°14.1407′ N,
083°08.280′ W; a line drawn north to
position ′42°14.0407′ N, 083°08.460′ W;
a line drawn west to point 42°14.160′ N,
083°08.580′ W (NAD 83).
(b) Enforcement period. The
regulation will be enforced from 11 a.m.
through 1 p.m. on September 25, 2021.
The Captain of the Port Detroit will
announce specific enforcement periods
by Broadcast Notice to Mariners (BNM).
(c) Regulations. (1) In accordance with
the general regulations in § 100.911(b),
no vessel may enter, transit through, or
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50996
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations
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.
Dated: September 8, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0497]
RIN 1625–AA00
Safety Zone; Potomac River, Prince
William County, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Potomac River. The
safety zone is needed to protect
personnel, vessels, and the marine
environment on these navigable waters
near Cherry Hill, in Prince William
County, VA, on September 18, 2021,
(with alternate date of September 19,
2021) from potential hazards during a
fireworks display to commemorate the
the permanent closing of the Tim’s
Rivershore Restaurant and Crabhouse of
Dumfries, VA, after operating for many
years. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port, Maryland-National Capital
Region or a designated representative.
DATES: This rule is effective from 8:30
p.m. on September 18, 2021, through 11
p.m. on September 19, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0497 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Next, in the Document
Type column, select ‘‘Supporting &
Related Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
tkelley on DSK125TN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:05 Sep 13, 2021
Jkt 253001
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
[FR Doc. 2021–19757 Filed 9–13–21; 8:45 am]
ACTION:
email Mr. Ron Houck, Sector MarylandNational Capital Region Waterways
Management Division, U.S. Coast
Guard; telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
On June 16, 2021, Tim’s Rivershore
Restaurant and Crabhouse notified the
Coast Guard that from 9:30 p.m. to 10
p.m. on September 18, 2021, it will be
conducting a fireworks display
launched from a barge in the Potomac
River near Cherry Hill, in Prince
William County, VA. In the event of
inclement weather, the fireworks
display will be scheduled for September
19, 2021. In response, on August 16,
2021, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Safety Zone; Potomac River,
Prince William County, VA’’ (86 FR
45699). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this fireworks display. During the
comment period that ended August 31,
2021, we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with the fireworks display.
Potential safety hazards include the
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port, Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the fireworks to be used in this
September 18, 2021, display will be a
safety concern for anyone near the
fireworks barge. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone before,
during, and after the scheduled event.
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IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8:30 p.m. on
September 18, 2021, to 11 p.m. on
September 19, 2021. The safety zone
will be enforced from 8:30 p.m. to 11
p.m. on September 18, 2021, or, if
necessary due to inclement weather on
September 18, 2021, from 8:30 p.m. to
11 p.m. on September 19, 2021. The
safety zone covers all navigable waters
of the Potomac River within 500 feet of
the fireworks barge in approximate
position latitude 38°34′07.97″ N,
longitude 077°15′37.39″ W, located near
Cherry Hill, in Prince William County,
VA. The size of the zone and duration
of the regulation are intended to protect
personnel, vessels, and the marine
environment in these navigable waters
before, during, and after the scheduled
9:30 to 10 p.m. fireworks display. No
vessel or person will be permitted to
enter the safety zone 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.
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).
This regulatory action determination
is based on the size, duration, and timeof-day of the safety zone, which will
impact small designated areas of the
Potomac River for 2.5 hours during the
evening when vessel traffic is normally
low. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about 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
E:\FR\FM\14SER1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 50994-50996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19757]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2021-0622]
RIN 1625-AA08
Special Local Regulations; Roar on the River, Detroit River,
Wyandotte, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters of the Detroit River, Wyandotte, MI. This action is
necessary to protect safety of life on navigable waters immediately
prior to, during, and after the Roar on the River power boat race.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Detroit or a
designated representative.
DATES: This regulation is effective from 11 a.m. through 1 p.m. on
September 25, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0622 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Tracy Girard, Waterways Management Division, Sector
Detroit, U.S. 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
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we must establish this special local
regulation by September 25, 2021. Delaying the effective date of this
regulation for a comment period to run would be contrary to the public
interest and impractical because it would inhibit the Coast Guard's
ability to protect spectators and vessels from the potential safety
hazards associated with a power boat race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit
(COTP) has determined that potential hazards associated with the Roar
on the River Powerboat Race on September 25, 2021, will be a safety
concern for anyone navigating within the Trenton Channel in the Detroit
River.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from 11
a.m. through 1 p.m. on September 25, 2021. In light of the
aforementioned hazards, the COTP has determined that a special local
regulation is necessary to protect spectators, vessels, and
participants. The special local regulation will encompass the following
waterway: All waters of the Detroit River encompassed within the
following four points: From point 42[deg]14.160' N, 083[deg]08.580' W
(NAD 83); a line drawn south to point 42[deg]14.140' N, 083[deg]08.400'
W (NAD 83); a line drawn east to position '42[deg]14.1407' N,
083[deg]08.280' W (NAD 83); a line drawn north to position
'42[deg]14.0407' N, 083[deg]08.460' W (NAD 83); a line drawn west to
point 42[deg]14.160' N, 083[deg]08.580' W (NAD 83). The COTP or a
designated on-scene representative will notify the public of the
enforcement of this rule by all appropriate means, including a
Broadcast Notice to Mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory
[[Page 50995]]
approaches that maximize net benefits. 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).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic will be able to safely transit around this regulated
area which would impact a small designated area of the Detroit River
for two hours in an area where vessel traffic is normally low.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
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 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
area may be small entities, for the reasons stated in section V.A.
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 special local
regulation lasts two hours and will prohibit entry within the navigable
waters of the Detroit River, It is categorically excluded from further
review under paragraph L[61] of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 100.T05-0622 to read as follows:
Sec. 100.T05-0622 Special Local Regulations; Roar on the River,
Detroit River, Wyandotte, MI.
(a) Location. A regulated area is established to encompass the
following waterway: All waters of the Detroit River encompassed within
the following four points: from point 42[deg]14.160' N, 083[deg]08.580'
W, a line drawn south to point 42[deg]14.140' N, 083[deg]08.400' W a
line drawn east to position '42[deg]14.1407' N, 083[deg]08.280' W; a
line drawn north to position '42[deg]14.0407' N, 083[deg]08.460' W; a
line drawn west to point 42[deg]14.160' N, 083[deg]08.580' W (NAD 83).
(b) Enforcement period. The regulation will be enforced from 11
a.m. through 1 p.m. on September 25, 2021. The Captain of the Port
Detroit will announce specific enforcement periods by Broadcast Notice
to Mariners (BNM).
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.911(b), no vessel may enter, transit through, or
[[Page 50996]]
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.
Dated: September 8, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2021-19757 Filed 9-13-21; 8:45 am]
BILLING CODE 9110-04-P
