[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Rules and Regulations]
[Pages 52556-52559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21035]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2014-0729]
RIN 1625-AA08


Special Local Regulation; Detroit Offshore Grand Prix, Detroit 
River, Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a Special Local Regulation for 
a series of powerboat races located in the Captain of the Port Detroit 
Zone on the Detroit River, Detroit, Michigan. This action is necessary 
to provide for the 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 
Detroit River during the Detroit Offshore Grand Prix events.

DATES: This temporary final rule is effective from 12 p.m. on September 
6 until 6 p.m. on September 7, 2014; and

[[Page 52557]]

will be enforced from 12 p.m. to 6 p.m. on September 6, 2014, and from 
11 a.m. to 6 p.m. on September 7, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0729. 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 Ms. Cheryl Collins, Program Manager, Docket Operations, 
telephone 202-366-9826, or 1-800-647-5527.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

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 with 
respect to this rule because waiting for a notice and comment period to 
run would be impracticable, unnecessary, and contrary to the public 
interest. The final details of this 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 power boat race.
    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 to run 
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
issue regulations to promote the safety of life on navigable waters 
during regattas or marine parades: 33 U.S.C. 1233.
    The Coast Guard was informed that on September 6, 2014 from 12 p.m. 
until 6 p.m., and on September 7, 2014 from 11 a.m. to 6 p.m., OPA 
Racing LLC will hold powerboat races that will require the immediate 
area to be clear of all vessel traffic. The likely combination of 
powerboats traveling at high speeds, large numbers of recreation 
vessels, and large numbers of spectators in close proximity to the 
water could result in serious injuries or fatalities. Thus, the Captain 
of the Port Detroit has determined that establishing a Special Local 
Regulation around the location of the race's course will help minimize 
risks to safety of life and property during this event.

C. Discussion of Rule

    In light of the aforementioned 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 U.S. waters of the Detroit River, 
beginning at a point on land near the Chene Park Pavilion at position 
42[deg]20'03'' N, 083[deg]01'12'' W; southerly to the international 
boundary at position 42[deg]19'47'' N, 083[deg]01'04'' W; then 
downriver along the international boundary to position 42[deg]18'53'' 
N, 083[deg]04'07'' W; then northerly to a point on land approximately 
650 yards upriver from the Ambassador Bridge at position 42[deg]19'03'' 
N, 083[deg]04'12'' W; before proceeding along the shoreline upriver to 
the point of origin. All geographic coordinates are North American 
Datum of 1983 (NAD 83). This regulation will be enforced from 12 p.m. 
to 6 p.m. on September 6, 2014, and from 11 a.m. to 6 p.m. on September 
7, 2014.
    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 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 special local regulation created by this 
rule will be of relatively small size and short duration, and it is 
designed to minimize the impact on navigation. Moreover, vessels may 
still transit through the regulated area when permitted by the Captain 
of the Port or his on-scene representative.

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 Detroit River 
adjacent to Detroit, MI between the hours 12 p.m. to 6 p.m. on 
September 6, 2014, and from 11 a.m. to 6 p.m. on September 7, 2014.

[[Page 52558]]

    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 six hours on 
September 6, and seven hours on September 7. Traffic may be allowed to 
pass through the regulated area with the permission of the Captain of 
the Port, who 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 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 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. 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 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.T09-0729 to read as follows:


Sec.  100.T09-0729  Special Local Regulation; Detroit Offshore Grand 
Prix, Detroit, MI.

    (a) Regulated Area. A regulated area is established to include all 
U.S. waters of the Detroit River, beginning at a point on land near the 
Chene Park Pavilion at position 42[deg]20''03'' N, 083[deg]01'12'' W; 
southerly to the international boundary at position 42[deg]19'47'' N, 
083[deg]01'04'' W; then downriver along the international boundary to 
position 42[deg]18'53'' N, 083[deg]04'07'' W; then northerly to a point

[[Page 52559]]

on land approximately 650 yards upriver from the Ambassador Bridge at 
position 42[deg]19'03'' N, 083[deg]04'12'' W; before proceeding along 
the shoreline upriver to the point of origin (NAD 83).
    (b) Effective and enforcement period. This section is effective 
from 12 p.m. on September 6 until 6 p.m. on September 7, 2014; and will 
be enforced from 12 p.m. to 6 p.m. on September 6, 2014, and from 11 
a.m. to 6 p.m. on September 7, 2014.
    (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) Commercial vessels will have right-of-way over event 
participants. The races will stop for oncoming freighter or commercial 
traffic and will resume after the vessel has completed its passage 
through the regulated area.
    (3) The ``on-scene representative'' of the Captain of the Port 
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 Detroit to act on his behalf.
    (4) 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. 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. The Captain of the Port Detroit or his on-
scene representative may be contacted via VHF Channel 16 or at 313-568-
9464.

    Dated: August 18, 2014.
S. B. Lemasters,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2014-21035 Filed 9-3-14; 8:45 am]
BILLING CODE 9110-04-P