[Federal Register Volume 75, Number 131 (Friday, July 9, 2010)]
[Rules and Regulations]
[Pages 39448-39450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16716]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0238]
RIN 1625-AA08


Special Local Regulation; Detroit APBA Gold Cup, Detroit River, 
Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation in the Captain of the Port Detroit Zone on the Detroit 
River, Detroit, Michigan. This special local regulation is intended to 
restrict vessels from portions of the Detroit River during the Detroit 
APBA Gold Cup. This special local regulation is necessary to protect 
spectators and vessels from the hazards associated with powerboat 
races.

DATES: This rule is effective from 7 a.m. on July 7, 2010, to 7 p.m. on 
July 11, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0238 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0238 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail CDR Joseph Snowden, Prevention 
Department, Sector Detroit, Coast Guard; telephone (313) 568-9508, e-
mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 23, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulation; Detroit APBA Gold Cup, 
Detroit River, Detroit, MI in the Federal Register (75 FR 21191). We 
received zero comments on the proposed rule. No public meeting was 
requested, and none was held. This regulation is effective on July 7-11 
instead of after 30 days after publication in the Federal Register 
because the APBA moved up the date of the race with short notice. 
Allowing 30 days notice would render the regulation useless.

Background and Purpose

    This temporary special local regulation is necessary to ensure the 
safety of vessels and spectators from hazards associated with a 
powerboat race. The Captain of the Port Detroit has determined 
powerboat races in close proximity to watercraft and infrastructure 
pose significant risk to public safety and property. The likely 
combination of large numbers of recreational vessels, powerboats 
traveling at high speeds, and large numbers of spectators in close 
proximity to the water could easily result in serious injuries or 
fatalities. Establishing a special local regulation around the location 
of the race course will help ensure the safety of persons and property 
at these events and help minimize the associated risks.

Discussion of Comments and Changes

    We received no comments with regard to this rule and no changes 
have been made to this rule as proposed in the NPRM.

Discussion of Rule

    This regulation is effective from 7 a.m. on July 7, 2010, to 7 p.m. 
on July 11, 2010 and will be enforced daily from 7 a.m. until 7 p.m. on 
July 7-11, 2010. Prior to the event, local sailing and yacht clubs will 
be provided with information by Coast Guard Station Belle Isle on what 
to expect during the event. Station Belle Isle will do this in order to 
minimize interruptions in the normal business practices of local 
sailing and yacht clubs. In the event that this temporary special local 
regulation affects shipping, commercial vessels may request permission 
from the Captain of the Port Detroit to transit through the safety 
regulated area. The Coast Guard will give notice to the public via a 
Broadcast Notice to Mariners that the regulation is in effect. 
Additionally, the COTP will suspend enforcement of the special local 
regulation if the event for which the special local regulation is 
established ends earlier than the expected time.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. This determination is based 
on the minimal time that vessels will be restricted from the area of 
the special local regulation, which is located in a portion of the 
Detroit River where the Coast Guard expects insignificant adverse 
impact to mariners from the special local regulation's enforcement.

[[Page 39449]]

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 might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in the portion of the Detroit River near Detroit, MI 
between 7 a.m. and 7 p.m. from July 7, 2010 through July 11, 2010.
    This regulated navigation area will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: This rule will be enforced for approximately twelve hours 
daily, between 7 a.m. and 7 p.m, from July 7, 2010 through July 11, 
2010. Prior to the event, local sailing and yacht clubs will be 
provided with information by Coast Guard Station Belle Isle on what to 
expect during the event. Station Belle Isle will do this in order to 
minimize interruptions in the normal business practices of local 
sailing and yacht clubs. In the event that this special local 
regulation affects shipping, commercial vessels may request permission 
from the Captain of the Port Detroit to transit through the regulated 
navigation area. The Coast Guard will give notice to the public via a 
Broadcast Notice to Mariners that the regulation is in effect. 
Additionally, the Captain of the Port will suspend enforcement of the 
special local regulation if the event for which the special local 
regulation is established ends earlier than the expected time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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 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). We received no 
comments with regard to this rule and no changes have been made to this 
rule as proposed in the NPRM.

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. We received no comments with regard to this rule and no 
changes have been made to this rule as proposed in the NPRM.

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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble. We received no comments with regard to this rule and no 
changes have been made to this rule as proposed in the NPRM.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights. We received no comments with regard to this rule and no changes 
have been made to this rule as proposed in the NPRM.

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. We received no comments with 
regard to this rule and no changes have been made to this rule as 
proposed in the NPRM.

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. We received no comments with regard 
to this rule and no changes have been made to this rule as proposed in 
the NPRM.

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. We received no 
comments with regard to this rule and no changes have been made to this 
rule as proposed in the NPRM.

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. We received no comments with regard to 
this rule and no changes have been made to this rule as proposed in the 
NPRM.

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

[[Page 39450]]

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. We received no 
comments with regard to this rule and no changes have been made to this 
rule as proposed in the NPRM.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 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 
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves the establishment of a special 
local regulation issued in conjunction with a permitted powerboat race 
event. The environmental analysis conducted for the powerboat race 
event permit included an analysis of the impact of the special local 
regulation. Based on our preliminary determination, 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, we believe 
that this rule should be categorically excluded, under figure 2-1, 
paragraph (34)(h), of the Instruction, from further environmental 
documentation. Under figure 2-1, paragraph (34)(h), of the Instruction, 
an environmental checklist and categorical exclusion determination is 
not required for this rule.

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--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.


0
2. Add a new temporary Sec.  100.T09-0238 as follows:


Sec.  100.T09-0238  Special Local Regulation; Detroit APBA Gold Cup; 
Detroit River; Detroit, MI.

    (a) Location. The following is a temporary special local regulation 
area: All waters of the Detroit River, between Detroit, MI and Belle 
Isle, within an area bound on the west by a north-south line created by 
the Belle Isle Bridge, starting on land in Detroit at position 
42[deg]20'07'' N; 083[deg]00'00'' W and extending south to a point on 
Belle Isle at position 42[deg]20'04'' N; 082[deg]59'08'' W, and bound 
on the east by a north-south line starting on land in Detroit at 
position 42[deg]21'03'' N; 082[deg]57'07'' W, and extending south to a 
point on Belle Isle at position 42[deg]21'00'' N; 082[deg]57'07'' W. 
(DATUM: NAD 83).
    (b) Effective Period. This regulation is effective from 7 a.m. on 
July 7, 2010, to 7 p.m. on July 11, 2010. This regulation will be 
enforced daily from 7 a.m. until 7 p.m. on July 7-11, 2010.
    (c) Regulations.
    (1) In accordance with the general regulations in Section 100.35 of 
this part, entry into, and transiting or anchoring within this special 
local regulation area is prohibited unless authorized by the Captain of 
the Port Detroit, or his designated on-scene representative.
    (2) This special local regulation area is closed to all vessel 
traffic, except as may be permitted by the Captain of the Port Detroit 
or his designated on-scene representative.
    (3) 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 
special local regulation 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 special 
local regulation area must comply with all directions given to them by 
the Captain of the Port or his on-scene representative.

    Dated: June 14, 2010.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2010-16716 Filed 7-7-10; 11:15 am]
BILLING CODE 9110-04-P7