[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Rules and Regulations]
[Pages 22192-22194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08781]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0208]
RIN 1625-AA08


Special Local Regulation; Hebda Cup Rowing Regatta; Detroit 
River, Trenton Channel; Wyandotte, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation controlling movement of vessels for certain waters of the 
Detroit River, Trenton Channel. This action is necessary and is 
intended to ensure safety of life on navigable waters to be used for a 
rowing event immediately prior to, during, and immediately after this 
event. This regulation requires vessels to maintain a minimum speed for 
safe navigation and maneuvering.

DATES: This temporary final rule is effective from 7:30 a.m. until 3 
p.m. on April 30, 2016. For the purposes of enforcement, actual notice 
will be used on April 30, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0208 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Petty Officer Todd Manow, 
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9508, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking

II. Background History and Regulatory Information

    On April 30, 2016, the Wyandotte Boat Club is holding a rowing 
regatta in which at least 100 youth rowers will participate in a race 
in the Trenton Channel, a tributary of the Detroit River. Due to the 
projected amount of human-powered watercraft on the water, there is a 
need to require vessels in the affected waterways to maintain a minimum 
speed for safe navigation. The rowing regatta will occur between 7:30 
a.m. and 3 p.m. on April 30, 2016. This event has taken place under the 
same sponsorship in the same location annually for the past 51 years.
    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 of 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 impracticable because 
it would inhibit the Coast Guard's ability to event participants, 
spectators, and other waterway users during this youth rowing regatta.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary 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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security 
Delegation No. 0170.1. The Captain of the Port Detroit (COTP) has 
determined that the likely combination of recreation vessels, 
commercial vessels, and an unknown number of spectators in close 
proximity to a youth rowing regatta along the water pose extra and 
unusual hazards to public safety and property. Therefore, the COTP is 
establishing a Special Local Regulation around the event location to 
help minimize risks to safety of life and property during this event.

IV. Discussion of Rule

    This rule establishes a temporary special local regulation from 
7:30 a.m. until 3 p.m. on April 30, 2016. In light of the 
aforementioned hazards, the COTP has determined that a special local 
regulation is necessary to protect spectators, vessels, and 
participants. The special local regulation will encompass the following 
waterway: All waters of the Detroit River, Trenton Channel between the 
following two lines going from bank-to-bank: The first line is drawn 
directly across the channel from position 42[deg]11.0' N., 
083[deg]09.4' W. (NAD 83); the second line, to the north, is drawn 
directly across the channel from position 42[deg]11.7' N., 083[deg]8.9' 
W. (NAD 83).
    An on-scene representative of the COTP or event sponsor 
representatives may permit vessels to transit the area when no race 
activity is occurring. The on-scene representative may be present on 
any Coast Guard, state or local law enforcement vessel assigned to 
patrol the event. Vessel operators desiring to transit through the 
regulated area must contact the Coast Guard Patrol Commander to obtain 
permission to do so. The COTP or his designated on-scene representative 
may be contacted via VHF Channel 16.
    The COTP or his designated on-scene representative will notify the 
public of the enforcement of this rule by all appropriate means, 
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses

[[Page 22193]]

based on these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O. 
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 E.O. 13563. The Office of 
Management and Budget has not reviewed it under those Orders.
    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 only seven and a half hours in duration, and 
it is designed to minimize the impact on navigation. Moreover, vessels 
may transit through the area affected by this special local regulation 
at a minimum speed for safe navigation. Overall, the Coast Guard 
expects minimal impact to vessel movement from the enforcement of this 
special local regulation.

B. Impact on Small Entities

    As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered 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 this portion of the Detroit River, Trenton Channel 
in the vicinity of Wyandotte, MI between 7:30 a.m. and 3 p.m. on April 
30, 2016.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the reasons cited 
in the Regulatory Planning and Review section. Additionally, before the 
enforcement of the regulation, Coast Guard Sector Detroit will issue a 
local Broadcast Notice to Mariners so vessel owners and operators can 
plan accordingly.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule so 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.

D. 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).

E. Federalism

    A rule has implications for federalism under E.O. 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.

F. 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.

G. 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.

H. 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.

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

J. Protection of Children

    We have analyzed this rule under E.O. 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.

K. Indian Tribal Governments

    This rule does not have tribal implications under E.O. 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.

L. Energy Effects

    This action is not a ``significant energy action'' under E.O. 
13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.

M. Technical Standards

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

N. 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

[[Page 22194]]

significant effect on the human environment. This rule involves the 
establishment of a special local regulation and is therefore 
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.

    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.  100.35T09-0208 to read as follows:


Sec.  100.35T09-0208  Special Local Regulation; Hebda Cup Rowing 
Regatta; Detroit River, Trenton Channel; Wyandotte, MI.

    (a) Regulated area. A regulated area is established to encompass 
the following waterway: All waters of the Detroit River, Trenton 
Channel between the following two lines going from bank-to-bank: The 
first line is drawn directly across the channel from position 
42[deg]11.0' N., 083[deg]9.4' W. (NAD 83); the second line, to the 
north, is drawn directly across the channel from position 42[deg]11.7' 
N., 083[deg]8.9' W. (NAD 83).
    (b) Effective period. This section is effective and will be 
enforced from 7:30 a.m. until 3 p.m. on April 30, 2016.
    (c) Regulations. (1) Vessels transiting through the regulated area 
are to maintain the minimum speeds for safe navigation.
    (2) Vessel operators desiring to operate in the regulated area must 
contact the Coast Guard Patrol Commander to obtain permission to do so. 
The Captain of the Port Detroit (COTP) or his on-scene representative 
may be contacted via VHF Channel 16 or at 313-568-9560. Vessel 
operators given permission to operate within the regulated area must 
comply with all directions given to them by the COTP or his on-scene 
representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State, or local 
law enforcement officer designated by or assisting the COTP to act on 
his behalf.

    Dated: March 25, 2016.
Scott B. Lemasters,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2016-08781 Filed 4-14-16; 8:45 am]
 BILLING CODE 9110-04-P