[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Rules and Regulations]
[Pages 45612-45615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18080]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0763]
RIN 1625-AA00


Special Local Regulation; Chris Craft Silver Cup Regatta, St. 
Clair River, Algonac, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for an area on the St. Clair River, Algonac, Michigan. This 
temporary special local regulation is intended to restrict vessels from 
a portion of the St. Clair River during the Chris Craft Silver Cup 
Regatta. This temporary special local regulation is necessary to 
protect spectators and vessels from the hazards associated with boat 
race operations.

DATES: This rule is effective from 9 a.m. on August 8, 2008 until 8 
p.m. on August 10, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0763 and are available online 
at http://www.regulations.gov.
    They are also available for inspection or copying at two locations: 
The Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays, and at U.S. Coast Guard 
Sector Detroit, 110 Mt. Elliot Ave., Detroit, MI 48207 between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call CDR Joseph Snowden, Prevention, U.S. Coast Guard 
Sector

[[Page 45613]]

Detroit, 110 Mount Elliot Ave., Detroit, MI 48207; 313-568-9580. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 it would be impracticable and 
contrary to the public interest since immediate action is needed to 
ensure the safety of spectators and vessels during this event. The 
necessary information to determine whether the marine event poses a 
threat to persons and vessels was not provided with sufficient time to 
publish an NPRM. Boat racing in close proximity to watercraft poses 
significant risk to public safety and property. The likely combination 
of large numbers of recreation vessels, congested waterways, and high 
speeds could easily result in serious injuries or fatalities, which 
makes a special local regulation necessary to safeguard spectators and 
vessels. For the safety concerns noted, it is in the public interest to 
have these regulations in effect during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying this rule would be 
contrary to the public interest of ensuring the safety of spectators 
and vessels during this event, and immediate action is necessary to 
prevent possible loss of life and property.

Background and Purpose

    This temporary special local regulation is necessary to ensure the 
safety of waterways users and event participants from hazards 
associated with waterways racing. Based on accidents that have occurred 
in other Captain of the Port zones, and the hazards of high-speed 
racing, the Captain of the Port Detroit has determined boat racing in 
close proximity to watercraft poses significant risk to public safety 
and property. The likely combination of large numbers of recreation 
vessels, congested waterways, and high speeds could easily result in 
serious injuries or fatalities. This special local regulation 
temporarily establishes a regulated area to control vessel movement 
around the location of the raceway and will help ensure the safety of 
persons and property at these events and help minimize the associated 
risks.

Discussion of Rule

    A temporary regulated area is necessary to ensure the safety of 
spectators and vessels during the setup and execution of a boat race in 
conjunction with the Chris Craft Silver Cup Regatta. The boat races 
will occur from 9 a.m. until 5 p.m. on August 8, 2008, from 9 a.m. 
until 8 p.m. on August 9, 2008, and from 9 a.m. until 8 p.m. on August 
10, 2008.
    The regulated area will encompass all waters of the St. Clair 
River, North Channel, Algonac, Michigan, bounded on the south by a line 
starting north of Grande Point Cut on Russel Island at position 
42[deg]36.3[min] N; 082[deg]32.5[min] W extending across the channel to 
Algonac to a point at position 42[deg]36.5[min] N; 082[deg]32.6[min] W, 
following north along the Algonac shoreline to a point at position 
42[deg]37.4[min] N; 082[deg]31.4[min] W, extending southeast to buoy Y 
``17'' at position 42[deg]37.3[min] N; 082[deg]31.1[min] W, extending 
southwest to a point on the northern end of Russel Island at position 
42[deg]37.0[min] N; 082[deg]31.4[min] W, continuing southwest along the 
Russel Island shoreline to the point of origin. All geographic 
coordinates are North American Datum of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
representative. Entry into, transiting, or anchoring within the 
regulated area is prohibited unless authorized by the Captain of the 
Port Detroit or his designated on-scene representative. The Captain of 
the Port or his designated on-scene representative may be contacted via 
VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    This determination is based on the minimal time that vessels will 
be restricted from the area and the Coast Guard expects insignificant 
adverse impact to mariners from the special local regulation's 
activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which may be 
small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of the St. Clair River near Algonac, MI 
between 9 a.m. on August 8, 2008 and 8 p.m. on August 10, 2008.
    This regulated area will not have a significant economic impact on 
a substantial number of small entities because this rule will only be 
in effect for three days. Additionally, in the event that this 
temporary regulated area affects shipping, commercial vessels may 
request permission from the Captain of the Port Detroit to transit 
through the area. The Coast Guard will give notice to the public via a 
Broadcast Notice to Mariners that the regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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

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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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 5100.1 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(h), of the Instruction, from further environmental 
documentation. This event establishes a regulated area for a marine 
event, therefore paragraph (34)(h) of the Instruction applies.
    A final environmental analysis checklist and a final categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. A new temporary Sec.  100.T09-0763 is added to read as follows:


Sec.  100.T09-0763  Special Local Regulation; Chris Craft Silver Cup 
Regata, St. Clair River, Algonac, MI.

    (a) Location. The following area is a temporary regulated area: All 
waters of the St. Clair River, North Channel, Algonac, Michigan, 
bounded on the south by a line starting north of Grande Point Cut on 
Russel Island at position 42[deg]36.3' N; 082[deg]32.5' W extending 
across the channel to Algonac to a point at position 42[deg]36.5' N; 
082[deg]32.6' W, following north along the Algonac shoreline to a point 
at position 42[deg]37.4' N; 082[deg]31.4' W, extending southeast to 
buoy Y ``17'' at position 42[deg]37.3' N; 082[deg]31.1' W, extending 
southwest to a point on the northern end of Russel Island at position 
42[deg]37.0' N; 082[deg]31.4' W, continuing southwest along the Russel 
Island shoreline to the point of origin. All geographic coordinates are 
North American Datum of 1983 (NAD 83).
    (b) Enforcement Time and Date. This regulation will be enforced on 
August 8, 2008, from 9 a.m. until 5 p.m., on August 9, 2008 from 9 a.m. 
until 8 p.m., and on August 10, 2008 from 9 a.m. to 8 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
section 100.901 of this part, entry into, transiting, or anchoring 
within this regulated area is prohibited unless authorized by the 
Captain of the Port Detroit, or his designated on-scene representative.
    (2) This regulated area is closed to all vessel traffic, except as 
may be permitted by the Captain of the Port

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Detroit or his designated on-scene representative.
    (3) Definition. The on-scene representative of the Captain of the 
Port is any Coast Guard commissioned, warrant, or petty officer who has 
been designated by the Captain of the Port to act on his behalf. The 
on-scene representative of the Captain of the Port will be aboard 
either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of 
the Port or his designated on-scene representative may be contacted via 
VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the 
regulated area shall contact the Captain of the Port Detroit or his on-
scene representative to obtain permission to do so. Vessel operators 
given permission to enter or operate in the regulated area must comply 
with all directions given to them by the Captain of the Port or his on-
scene representative.

    Dated: July 23, 2008.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E8-18080 Filed 8-5-08; 8:45 am]
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