[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37808-37810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15511]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0556]
RIN 1625-AA08


Special Local Regulation; East Tawas Offshore Gran Prix, Tawas 
Bay; East Tawas, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
Tawas Bay, Michigan. This action is necessary and intended to ensure 
safety of life on the navigable waters immediately prior to, during, 
and immediately after the East Tawas Offshore Gran Prix boat race. This 
special local regulation will establish restrictions upon, and control 
movement of, vessels in a portion of Tawas Bay. 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 10:00 a.m. until 4:00 p.m. on June 
24, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0556]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box, and click ``Search.'' You may 
visit the Docket Management Facility, 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: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 doing so would be impracticable and 
contrary to the public interest. The final details for this event were 
not known to the Coast Guard until there was insufficient time 
remaining before the event to publish an NPRM. Thus, delaying the 
effective date of this rule to wait for a comment period to run would 
be both impracticable and contrary to the public interest because it 
would inhibit the Coast Guard's ability to protect spectators, 
participants and vessels from the hazards associated with power boat 
races, which are discussed further below.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for 30 day notice period run would be 
impracticable and contrary to the public interest.

B. Basis and Purpose

    Between 10:00 a.m. and 4:00 p.m. on June 24, 2012 the OPA Racing 
LLC is holding an offshore powerboat race that will require the 
immediate area to be clear of all vessel traffic. 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 recreation 
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.

C. Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Detroit has determined that a special local regulation is necessary to 
ensure the safety of spectators, vessels, and participants. This 
special local regulation will be effective and enforced from 10:00 a.m. 
until 4:00 p.m. on June 24, 2012. This regulated area will encompass 
all waters of Tawas Bay, beginning at a point on land at 44[deg]14'53'' 
N, 83[deg]27'34'' W; extending west to a point on land at position 
44[deg]15'33'' N, 83[deg]31'30'' W. 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.

D. 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.

1. 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 that Orders. It is not ``significant'' 
under the regulatory policies and procedures of

[[Page 37809]]

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. The 
regulated navigation area created by this rule will be relatively small 
and enforced for relatively short time. Also, the regulated navigation 
area is designed to minimize its impact on navigable waters. 
Furthermore, the regulated navigation area has been designed to allow 
vessels to transit around it. Thus, restrictions on vessel movement 
within that particular area are expected to be minimal. Under certain 
conditions, moreover, vessels may still transit through the regulated 
navigation area when permitted by the Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during 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.
    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 a portion of the Tawas Bay near East Tawas, MI on 
June 24, 2012.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: This regulated area would be activated, and thus subject to 
enforcement, for only six hours in the day. Traffic may be allowed to 
pass through the zone with the permission of the Captain of the Port. 
The Captain of the Port can be reached via VHF channel 16. Before the 
activation of the zone, we would issue local Broadcast Notice to 
Mariners.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

13. 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 involves a special local regulation and, therefore it is 
categorically excluded from further review under paragraph (34)(h) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

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


[[Page 37810]]


    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.T09-0556 to read as follows:


Sec.  100.T09-0556  Special Local Regulation; East Tawas Offshore Gran 
Prix, East Tawas, MI.

    (a) Location. The regulated area will encompass all waters of Tawas 
Bay, East Tawas, Michigan, beginning at a point on land at 
44[deg]14'53'' N, 83[deg]27'34'' W; extending west to a point on land 
at position 44[deg]15'33'' N, 83[deg]31'30'' W. All geographic 
coordinates are North American Datum of 1983 (NAD 83).
    (b) Enforcement Period. This regulation will be enforced on June 
24, 2012 from 10:00 a.m. until 4:00 p.m.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  100.901 of 
this part, entry into, transiting, or anchoring within this safety zone 
is prohibited unless authorized by the Captain of the Port Detroit or 
his designated on-scene representative.
    (2) This regulated navigation area is closed to all vessel traffic, 
except as may be permitted by the Captain of the Detroit or his 
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Detroit or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Detroit, or his on-scene representative.

    Dated: June 12, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-15511 Filed 6-21-12; 11:15 am]
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