[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34568-34570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13649]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0434]
RIN 1625-AA08


Special Local Regulation; Heritage Coast Offshore Grand 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 temporary 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 Heritage Coast Offshore 
Grand 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 a.m. until 4 p.m. on June 16, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0434]. 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 Barbara Hairston, 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 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 power boat 
race were not known to the Coast Guard until there was

[[Page 34569]]

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 
this 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 paragraph, waiting for a 30 day notice period run would 
be impracticable and contrary to the public interest.

B. Basis and Purpose

    Between 10 a.m. and 4 p.m. on June 16, 2013, 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 extra and unusual hazards 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 pose extra and unusual 
hazards to public safety and property and could easily result in 
serious injuries or fatalities. Thus, the Captain of the Port Detroit 
has determined that establishing a Special Local Regulation, pursuant 
to the authority in 33 U.S.C. 1233, around the race 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 ensure 
the safety of spectators, vessels, and participants. This special local 
regulation will be enforced from 10 a.m. until 4 p.m. on June 16, 2013. 
This regulated area will encompass all waters of Tawas Bay, beginning 
at the Tawas Point Horn on land at 44[deg]14'54.9'' N, 
083[deg]27'31.5'' W; extending west to a point on land just north of 
the Tawas Bay Marina at position 44[deg]15'29.6'' N, 083[deg]31'36.4'' 
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 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 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 its impact on navigation. Furthermore, 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 a portion of the Tawas Bay near East Tawas, MI 
between 10 a.m. until 4 p.m. on June 16, 2013.
    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 will only be in effect and enforced for 
six hours on one day. The race event will be temporarily stopped for 
any deep draft vessels transiting through the shipping lanes. 
Additional vessel 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. 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. 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 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

[[Page 34570]]

determined that this rule does not have implications for federalism.

6. Protest Activities

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

7. 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.

8. 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.

9. 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.

10. 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.

 11. 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.

 12. 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.

13. Technical Standards

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

14. 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 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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping 
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.T09-0434 to read as follows:


Sec.  100.T09-0434  Special Local Regulation; Heritage Coast Offshore 
Grand Prix, East Tawas, MI.

    (a) Regulated Area. The regulated area will encompass all waters of 
Tawas Bay, beginning at the Tawas Point Horn on land at 
44[deg]14'54.9'' N, 083[deg]27'31.5'' W; extending west to a point on 
land just north of the Tawas Bay Marina at position 44[deg]15'29.6'' N, 
083[deg]31'36.4'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective 
and will be enforced on June 16, 2013, from 10 a.m. until 4 p.m.
    (c) Regulations.
    (1) No vessel may enter, transit through, or anchor within the 
regulated area unless authorized by the Captain of the Port Detroit, or 
his designated on-scene representative.
    (2) 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.
    (3) 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. The Captain of the 
Port 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 regulated area must comply with all directions 
given to them by the Captain of the Port Detroit, or his on-scene 
representative.

    Dated: May 28, 2013.
J.E. Ogden,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-13649 Filed 6-7-13; 8:45 am]
BILLING CODE 9110-04-P