[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37507-37510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13746]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0463]
RIN 1625-AA08


Special Local Regulation; Midwest Masters Sprints; Maumee River; 
Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation controlling movement of vessels for certain waters of the 
Maumee River. 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 5 a.m. until 2:30 
p.m. on June 11, 2016. For the purposes of enforcement, actual notice 
will be used on June 11, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-

[[Page 37508]]

0463 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket 
Folder on the line associated with this rule. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 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 final rule, call or email Petty Officer Brett Kreigh, Marine 
Safety Unit Toledo, Coast Guard; telephone 419-418-6046, email 
[email protected]. If you have questions on viewing the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

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 June 11, 2016, the Toledo Rowing Club is holding a rowing 
regatta in which at least 200 rowers will participate in a race on the 
Maumee 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 5 a.m. and 2:30 p.m. on June 11, 2016. This 
event is taking place under the same sponsorship in the same location 
as last year.

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. Having reviewed the application for a marine 
event submitted by the sponsor on January 11, 2016, 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 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.
    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. Although an initial marine event application was submitted on 
January 11, 2016, final details regarding event area and patrol 
parameters 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 the effective date of this 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 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.

IV. Discussion of Rule

    This rule establishes a temporary special local regulation from 5 
a.m. until 2:30 p.m. on June 11, 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 Maumee River, Toledo, OH from the Veterans Glass Memorial Bridge at 
River Mile 3.25 to the Norfolk Southern Railroad Bridge at River Mile 
5.76.
    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 
based on these statutes or executive orders (E.O.).

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 
E.O. 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 nine 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 Maumee River, in the vicinity 
of Toledo, OH between 5 a.m. and 2:30 p.m. on June 11, 2016.
    This special local regulation will not have a significant economic 
impact on

[[Page 37509]]

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 (Pub. L. 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 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.  100.35T09-0463 to read as follows:


Sec.  100.35T09-0463  Special Local Regulation; Midwest Masters 
Sprints; Maumee River; Toledo, OH.

    (a) Regulated area. A regulated area is established to encompass 
the following waterway: all waters of the Maumee River, from the 
Veterans Glass Memorial Bridge at River Mile 3.25 to the Norfolk 
Southern Railroad Bridge at River Mile 5.76.
    (b) Effective period. This section is effective and will be 
enforced from 5 a.m. until 2:30 p.m. on June 11, 2016.
    (c) Regulations. (1) Consistent with Sec.  100.901 of this part, 
vessels transiting within the regulated area shall travel at a no-wake 
speed and remain vigilant at all times. Additionally, vessels within 
the regulated area must yield right-of-way for event participants and 
event safety craft. Commercial vessels will have right-of-way over 
event participants, and event safety craft.

[[Page 37510]]

    (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. 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: June 6, 2016.
Raymond Negron,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2016-13746 Filed 6-9-16; 8:45 am]
 BILLING CODE 9110-04-P