[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Rules and Regulations]
[Pages 24063-24065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09718]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0211]
RIN 1625-AA08


Special Local Regulation; Hebda Cup 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 Hebda Cup 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 temporary final rule is effective from 7:30 a.m. until 4:30 
p.m. on April 27, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0211. To view documents mentioned in this preamble as being 
available in the docket, go to 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 waiting for a notice and comment 
period to run is impracticable, unnecessary, and contrary to the public 
interest. The final details for this year's boat race were not known to 
the Coast Guard with 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 boat race.
    It is also unnecessary to solicit public comments because the Hebda 
Cup Rowing Regatta has taken place annually under the same name for 
more than eight years. In light of the long history of this event and 
the prior years that it has been regulated by the Coast Guard, public 
awareness in the affected area is high, making it unnecessary to wait 
for a comment period to run before enforcing this special local 
regulation for the April 27, 2013 Hebda Cup Rowing Regatta 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.
    For the same reasons discussed in the preceding two paragraphs, 
waiting for a 30 day notice period to run would be impracticable and 
contrary to the public interest.

B. Basis and Purpose

    On April 27, 2013, 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. and 4:30 p.m. on April 27, 
2013. 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 the boat race pose extra 
and unusual hazards to public safety and property. Thus, the Captain of 
the Port Detroit has determined that establishing a Special Local 
Regulation, pursuant to the authority in 33 U.S.C. Sec.  1233, around 
the race's course will help ensure the safety of life during this 
event.

C. 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 of the Detroit River, Trenton Channel 
starting at a point on land at position 42[deg]10'58'' N, 
083[deg]9'23'' W; following the Trenton Channel north to position 
42[deg]11'44'' N, 083[deg]8'56'' W; and will be enforced on April 27, 
2013, from 7:30 a.m. until 4:30 p.m. All geographic coordinates are 
North American Datum of 1983 (NAD 83).
    Two thirds of the Trenton Channel on the western portion of the 
regulated area, from the Wyandotte shoreline to a point approximately 
670 feet east into the channel, will be designated as the race zone, 
while the remaining third portion on the eastern side of the of the 
regulated area, approximately 330 feet in width, will be designated as 
a buffer zone.
    Entry into, transiting, or anchoring within the race zone the 
regulated area is prohibited unless authorized by the Captain of the 
Port Detroit or his designated on scene representative. Entry into and 
transiting within buffer zone of the regulated area is only authorized 
at no-wake speed and requires the authorization of the Captain of the 
Port or his designated on scene representative. The Captain of the Port 
or his designated on scene

[[Page 24064]]

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 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 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.
    The Coast Guard's use of this special local regulation will be of 
relatively small size and short duration, and it is designed to 
minimize the impact on navigation. Moreover, vessels may, when 
circumstances allow, obtain permission from the Captain of the Port to 
transit through the area affected by this special local regulation. 
Overall, the Coast Guard expects minimal impact to vessel movement from 
the enforcement of this special local regulation.

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 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 this portion of the Trenton Channel 
near Wyandotte, MI between 7:30 a.m. until 4:30 p.m. on April 27, 2013.
    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.

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 to that they can better evaluate 
its effects on them. If this 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 will not call for a 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 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.

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

[[Page 24065]]

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 the establishment of a special local regulation 
issued in conjunction with a regatta or marine parade, and, therefore 
it is categorically excluded from further review under paragraph 34(h) 
of Figure 2-1 of the Commandant Instruction. During the annual 
permitting process for this event an environmental analysis was 
conducted, and thus, no preliminary environmental analysis checklist or 
Categorical Exclusion Determination (CED) are required for this 
rulemaking action. 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.

    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.T09-0211 to read as follows:


Sec.  100.T09-0211  Special Local Regulation; Hebda Cup 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]9'23'' 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). Two thirds of the Trenton 
Channel on the western portion of the regulated area, from the 
Wyandotte shoreline to a point approximately 670 feet east into the 
channel, will be designated as the race zone, while the remaining third 
portion on the eastern side of the of the regulated area, approximately 
330 feet in width, will be designated as a buffer zone.
    (b) Enforcement Period. This regulation will be enforced from 7:30 
a.m. until 4:30 p.m. on April 27, 2013.
    (c) Regulations.
    (1) No vessel may enter, transit through, or anchor within the race 
zone of the regulated area unless authorized by the Captain of the Port 
Detroit, or his designated on-scene representative.
    (2) Vessels may enter and transit through the buffer zone on the 
eastern side of regulated area at no-wake speed with the authorization 
of the Captain of the Port or his designated on scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Detroit is any Coast Guard commissioned, warrant or petty 
officer or a Federal, State, or local law enforcement officer 
designated by or assisting the Captain of the Port, Sector Detroit to 
act on his behalf.
    (4) Vessel operators desiring to enter or operate within the 
regulated area shall contact the Coast Guard Patrol Commander to obtain 
permission to do so. The Captain of the Port, Sector Detroit or his on-
scene representative may be contacted via VHF Channel 16 or at 313-568-
9464. Vessel operators given permission to enter or operate in the 
security zones must comply with all directions given to them by the 
Captain of the Port, Sector Detroit, or his on-scene representative.

    Dated: April 8, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-09718 Filed 4-23-13; 8:45 am]
BILLING CODE 9110-04-P