[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Rules and Regulations]
[Pages 38580-38582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15377]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0368]
RIN 1625-AA08


Special Local Regulation; Tall Ships Celebration Bay City, Bay 
City, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for a tall ships parade located in the Captain of the Port 
Detroit Zone. This action is necessary and intended to ensure safety of 
life and property on navigable waters during this event. This special 
local regulation will establish restrictions upon, and control movement 
of, vessels in a portion of the Captain of the Port Detroit Zone. 
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 12:30 p.m. until 4:30 p.m. on July 
11, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0368]. 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. The 
final details for this Tall Ships parade 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 impracticable 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.
    Although this is the Coast Guard's first regulatory act for the 
celebration specific to Bay City, MI, the Coast Guard recently 
published a separate NPRM in the Federal Register seeking to establish 
safety zones around each tall ship participating in various events 
throughout the Great Lakes this summer, to include the Tall Ships 
Celebration Bay City. Specifically, on May 1, 2013, the Coast Guard 
published in the Federal Register an NPRM titled Safety Zone; Tall Ship 
Safety Zones; War of 1812 Bicentennial Commemoration, Great Lakes (78 
FR 25410), proposing to establish temporary safety zones around each of 
the twenty-one tall ships participating in the Tall Ships Challenge 
Great Lakes 2013 from June 13, 2013 to September 17, 2013.

B. Basis and Purpose

    Between 12:30 p.m. until 4:30 p.m. on July 11, 2013, the Tall Ships 
Celebration Bay City 2013 parade will take place in a portion of 
Saginaw Bay and the Saginaw River. This portion of waterway will need 
to be clear of vessel traffic during the parade.
    Even though the Coast Guard has separately proposed a 100 yards 
radius safety zone around each tall ship participating in events 
throughout the Great Lakes, to include Bay City's celebration, the 
Captain of the Port Detroit has determined that these safety zones will 
be insufficient on their own to safeguard navigational safety in a 
portion of Saginaw Bay and the Saginaw River during the Tall Ships 
Celebration parade on July 11, 2013. The high possibility that tall 
ships participating in the parade on July 11, 2013 will encounter 
recreational and commercial vessels in the relatively narrow navigable 
channel of the Saginaw River, compounded with the decreased 
maneuverability of these tall ships, poses extra and unusual hazards to 
public safety and property. Moreover, the Captain of the Port Detroit 
has determined that the existing navigational rules of the road are not 
sufficient to protect the public against these extra and unusual 
hazards. 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, throughout the parade 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 12:30 p.m. until 4:30 p.m. on July 11, 
2013. The special local regulation will encompass all waters throughout 
the federal navigational channel of Saginaw Bay from Light Buoy 11 at 
position 43[deg]43'54'' N, 083[deg]46'52'' W and Light 12 at position 
43[deg]43'56'' N, 083[deg]46'57'' W to the Saginaw River, and on all 
waters of the Saginaw River from its mouth to the Veterans Memorial 
Bridge in Bay City, MI at position 43[deg]35'46'' N, 083[deg]53'36'' W. 
All geographic coordinates are North American Datum of 1983 (NAD 83). 
Entry into, transiting, or anchoring within the proposed regulated area 
while it is being enforced is prohibited unless authorized by the 
authority of the Captain of the Port Detroit or his designated on-scene 
representative. The

[[Page 38581]]

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 Saginaw Bay beginning at Light Buoy 
11 at position 43[deg]43'54'' N, 083[deg]46'52'' W and Light 12 at 
position 43[deg]43'56'' N, 083[deg]46'57'' W to the Saginaw River, and 
on a portion of the Saginaw River from its mouth to the Veterans 
Memorial Bridge in Bay City, MI at position 43[deg]35'46'' N, 
083[deg]53'36'' W between 12:30 p.m. and 4:30 p.m. on July 11, 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 
four hours on one day. 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 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 From Environmental Health Risks

    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,

[[Page 38582]]

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 are required for this rulemaking action.

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.T09-0368 to read as follows:


Sec.  100.T09-0368  Special Local Regulation; Tall Ships Celebration 
Bay City, Bay City, MI.

    (a) Regulated area. All waters of the federal navigational channel 
of Saginaw Bay from Light Buoy 11 at position 43[deg]43'54'' N, 
083[deg]46'52'' W and Light 12 at position 43[deg]43'56'' N, 
083[deg]46'57'' W, to the Saginaw River, and all waters of the Saginaw 
River from its mouth to the Veterans Memorial Bridge in Bay City, MI at 
position 43[deg]35'46'' N, 083[deg]53'36'' W. All geographic 
coordinates are North American Datum of 1983 (NAD 83).
    (b) Effective and enforcement period. This special local regulation 
is effective and will be enforced from 12:30 p.m. until 4:30 p.m. on 
July 11, 2013. The Captain of the Port Detroit may suspend enforcement 
of this special local regulation at any time. In the event that the 
enforcement is ended early, the Captain of the Port Detroit will notify 
the public via Broadcast Notice to Mariners.
    (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: June 10, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-15377 Filed 6-26-13; 8:45 am]
BILLING CODE 9110-04-P