[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Rules and Regulations]
[Pages 25077-25079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10256]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0342]
RIN 1625-AA08


Special Local Regulation; Wy-Hi Rowing Regatta, Trenton Channel; 
Detroit River, Wyandotte, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on the Trenton Channel of the Detroit River, Wyandotte, 
Michigan. This action is necessary and intended to ensure safety of 
life on the navigable waters immediately prior to, during, and 
immediately after the Wy-Hi Rowing Regatta. This special local 
regulation will establish restrictions upon, and control movement of, 
vessels in a portion of the Trenton Channel. During the enforcement 
period, no person or vessel may enter the regulated area without 
permission of the Captain of the Port.

DATES: This rule is effective from 7:30 a.m. until 4:30 p.m. on May 5, 
2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0342 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0342 in the 
``Search'' box, and then clicking ``Search.'' They are 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 email LT Adrian Palomeque, Prevention 
Department, Sector Detroit, Coast Guard; telephone (313) 568-9508, 
email [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

    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 waiting for a notice and comment 
period to run would be impracticable and contrary to the public 
interest. The final details of this regatta were not received in 
sufficient time for the Coast Guard to solicit public comments before 
the start of the event. Thus, delaying this temporary rule to wait for 
a notice and comment period to run would be impracticable and contrary 
to the public interest because it would inhibit the Coast Guard's 
ability to protect the public from the hazards associated with this 
event, which are discussed in further detail below. Alternately, 
delaying this temporary rule would require the event sponsor and 
participants to reschedule, which is contrary to the public interest of

[[Page 25078]]

allowing this event to go on as scheduled.
    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 public interest for 
the same reasons discussed in the preceding paragraph.

Background and Purpose

    On May 5, 2012, the Wyandotte Boat Club is holding a rowing race 
that will require the immediate area to be clear of all vessel traffic. 
The rowing race will occur between 7:30 a.m. until 4:30 p.m. on May 5, 
2012. The Captain of the Port Detroit has determined that the likely 
combination of recreation vessels, commercial vessels, and large 
numbers of spectators in close proximity to rowing regatta could easily 
result in serious injuries or fatalities.

Discussion of Rule

    In light of the aforesaid hazards, the Captain of the Port Detroit 
has determined that a special local regulation is necessary to protect 
spectators, vessels, and participants. The special local regulation 
will encompass all waters, starting at a point on land at position 
42[deg]10'58'' N, 083[deg]9'13'' W; following the Trenton Channel north 
to position 42[deg]11'44'' N, 083[deg]8'56'' W; and will be enforced on 
May 5, 2012, from 7:30 a.m. until 4:30 p.m. All geographic coordinates 
are North American Datum of 1983 (NAD 83).
    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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this rule is 
not a significant regulatory action because we anticipate that it will 
have minimal impact on the economy, will not interfere with other 
agencies, will not adversely alter the budget of any grant or loan 
recipients, and will not raise any novel legal or policy issues.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. The Coast Guard's use of 
this special local regulation will be of relatively short duration, and 
it is designed to minimize the impact on navigation. Moreover, vessel 
may, when circumstances allow, obtain permission from the Captain of 
the Port to transit through the area affected by this special local 
regulations. On the whole, the Coast Guard expects insignificant 
adverse impact to mariners from the enforcement of this special local 
regulation.

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 would affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in this portion of the Trenton Channel near 
Wyandotte, MI between 7:30 a.m. until 4:30 p.m. on May 5, 2012.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: This rule will only be in effect and enforced for nine hours 
on one day. The race event will be temporarily stopped for any deep 
draft vessels transiting through the shipping lanes. The Coast Guard 
will give notice to the public via a Broadcast Notice to Mariners that 
the regulation is in effect, allowing vessel owners and operators to 
plan accordingly.

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 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 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 determined 
that this rule does not have implications for federalism.

Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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

[[Page 25079]]

do discuss the effects of this rule elsewhere in this preamble.

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.

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

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

Technical Standards

    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 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 which 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 a special local 
regulation issued in conjunction with a regatta or marine parade, 
therefore (34)(h) of the Instruction applies. An environmental analysis 
checklist and a categorical exclusion determination will be 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.

    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 Sec.  100.35T09-0342 to read as follows:


Sec.  100.35T09-0342  Special Local Regulation; Wy-Hi Rowing Regatta, 
Wyandotte, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Trenton Channel in the Detroit River, Wyandotte, 
Michigan, starting at a point on land at position 42[deg]10'58'' N, 
083[deg]9'13'' W; following the Trenton Channel north to position 
42[deg]11'44'' N, 083[deg]8'56'' W. All geographic coordinates are 
North American Datum of 1983 (NAD 83).
    (b) Special Local Regulation. No vessel may enter, transit through, 
or anchor within the regulated area without the permission of the Coast 
Guard Patrol Commander.
    (c) Enforcement Period. This regulation will be enforced from 7:30 
a.m. until 4:30 p.m. on May 5, 2012.
    (d) 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 in the regulated area must comply with all directions given to 
them by the Coast Guard Patrol Commander.

    Dated: April 16, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-10256 Filed 4-26-12; 8:45 am]
BILLING CODE 9110-04-P