[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Proposed Rules]
[Pages 52333-52336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22517]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / 
Proposed Rules  

[[Page 52333]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0929]
RIN 1625-AA08


Special Local Regulations; Marine Events in the Coast Guard 
Sector Detroit Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This proposed rule is intended to amend the rules that 
regulate vessel traffic and control navigation of portions of waterways 
during events that pose a hazard to public safety. This rule, if 
adopted, would add six new reoccurring special local regulations, 
remove six special local regulations, and amend the event, dates, and/
or regulated areas for the 15 recurring special local regulations that 
will be listed in a table. The permanent special local regulations 
established by this proposed rule are necessary to protect spectators, 
participants, and vessels from the hazards associated with the varying 
types of marine events. This proposed rulemaking would restrict vessel 
traffic in the designated areas during the events unless authorized by 
the Captain of the Port Detroit or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 16, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0929 using the Federal eRulemaking portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Tracy Girard, Prevention Department, 
Sector Detroit, Coast Guard; telephone (313) 568-9564, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    Marine events are held on a recurring basis on the navigable waters 
within the Coast Guard Sector Detroit COTP Zone. In past history, the 
Coast Guard established special local regulations for these recurring 
event. These events have been submitted annually to ensure the 
protection of the maritime public and event participants from the 
hazards associated with these events. The Coast Guard has never 
received public comments or concerns regarding the impact to waterway 
traffic from these annually reoccurring events.
    This proposed rule would consistently apprise the public in a 
timely manner through permanent publication in Title 33 of the Code of 
Federal Regulations. The table in this proposed rule would list each 
annual recurring event requiring a special local regulated area as 
administered by the Coast Guard.
    By establishing permanent regulations containing these events, the 
Coast Guard would eliminate the need to establish temporary rules for 
events that occur on an annual basis and thereby limit the costs 
associated with cumulative regulations. This rulemaking would remove, 
add, and consolidate regulations to better meet the Coast Guard's 
intended purpose of ensuring safety during these events. The Coast 
Guard proposes this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    The purpose of this rulemaking is to combine all of the Captain of 
the Port Detroit Zone's special local regulations from 33 CFR 100.911 
through Sec.  100.928, into one table under Sec.  100.911. This table 
will ensure accuracy of times, dates, and dimensions for various marine 
events that are expected to be conducted within the Captain of the Port 
Detroit Zone throughout the year. We also propose to remove Sec.  
[thinsp]100.911, Sec.  100.912, Sec.  100.913, Sec.  100.914, Sec.  
100.915, Sec.  100.916, Sec.  100.917, Sec.  100.918, Sec.  100.919, 
Sec.  100.920 Sec.  100.921, Sec.  100.927, Sec.  100.928 replacing 
these regulations with a table. In addition, we propose to add three 
rowing events, two swim events, and a water ski show to the table.
    As large numbers of spectator vessels and marine traffic are 
expected to congregate around the event location, the regulated areas 
are needed to protect both spectators and participants from the safety 
hazards associated with the event. During the enforcement period of the 
regulated areas, persons and vessels would be prohibited from entering, 
transiting through, remaining, anchoring or mooring within the zone 
unless specifically authorized by the COTP or the designated 
representative. The Coast Guard may be assisted by other Federal, State 
and local agencies in the enforcement of these regulated areas. These 
events are listed below in the text of the regulation.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The Coast Guard has previously promulgated special local 
regulations or safety zones, in 33 CFR part 100, for all event areas 
contained within this

[[Page 52334]]

proposed regulation and has not received notice of any negative impact 
caused by any of the special local regulations. By establishing a 
permanent regulation containing all of these events, the Coast Guard 
will eliminate the need to establish individual temporary rules for 
each separate event that occurs on an annual basis, thereby limiting 
the costs of cumulative regulations.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated areas may be small entities, for the reasons stated in 
section IV.A above this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed rule. If the 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves regulated areas for swim 
events and other marine events. Normally such actions are categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record 
of Environmental Consideration supporting this determination is 
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 proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.


[[Page 52335]]


    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. Revise Sec.  100.911 to read as follows:


Sec.  100.911  Special Local Regulations; Marine Events in the Coast 
Guard Sector Detroit Captain of the Port Zone.

    (a) General. The following regulations apply to the marine events 
listed in Table 1 to Sec.  100.911, along with the requirements of 
Sec.  100.901. These regulations will be enforced for the duration of 
each event, on or about the dates indicated. Annual notice of the exact 
dates and times of the effective period of the regulations with respect 
to each event, the geographical area, and details concerning of the 
event will be made by publication in the Federal Register via a Notice 
of Enforcement, published in a Local Notices to Mariners, and broadcast 
over VHF-FM radio. Although listed in the Code of Federal Regulations, 
sponsors of events listed in the table to Sec.  100.911 are still 
required to submit marine event applications in accordance with Sec.  
100.15.
    (b) Special local regulations. No vessel may enter, transit 
through, or anchor within the regulated area without the permission of 
the Coast Guard Patrol Commander.
    (c) Vessel operators desiring to enter or operate within the 
regulated area shall contact the Coast Guard Patrol Commander to obtain 
permission to do so. Vessel operators given permission to enter or 
operate within the regulated area must comply with all directions given 
to them by the Coast Guard Patrol Commander.
    (d) All geographic coordinates in Table 1 to Sec.  100.911 are 
North American Datum of 1983 (NAD 83).

                                            Table 1 to Sec.   100.911
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                COTP Zone Detroit
----------------------------------------------------------------------------------------------------------------
Event                                     Sector Detroit Special Local Regulations..  Date
----------------------------------------------------------------------------------------------------------------
(a) Hebda Cup Rowing Regatta Rowing       All waters of the Detroit River, Trenton    Two days in April or May.
 Event Wyandotte, MI.                      Channel between the following two lines
                                           going from bank-to-bank: The first line
                                           is drawn directly across the channel from
                                           position 42[deg]10.98' N, 083[deg]09.29'
                                           W; the second line, to the north, is
                                           drawn directly across the channel from
                                           position 42[deg]11.7' N, 083[deg]08.9' W.
(b) Wy-Hi Rowing Regatta Rowing Event--   All waters of the Detroit River, Trenton    Two days in April or May.
 Wyandotte, MI.                            Channel between the following two lines
                                           going from bank-to-bank: The first line
                                           is drawn directly across the channel from
                                           position 42[deg]10.98' N, 083[deg]09.29'
                                           W; the second line, to the north, is
                                           drawn directly across the channel from
                                           position 42[deg]11.7' N, 083[deg]08.9' W.
(c) Wyandotte Rowing Regatta Wyandotte,   All waters of the Detroit River, Trenton    Two days in April or May.
 MI.                                       Channel between the following two lines
                                           going from bank-to-bank: The first line
                                           is drawn directly across the channel from
                                           position 42[deg]10.98' N, 083[deg]09.29'
                                           W; the second line, to the north, is
                                           drawn directly across the channel from
                                           position 42[deg]11.7' N, 083[deg]08.9' W.
(d) Motor City Mile Swimming Event        All waters of the Detroit River, Belle      One day in June or July.
 Detroit, MI.                              Isle Beach between the following two
                                           lines: The first line is drawn directly
                                           across the channel from position
                                           42[deg]20.517' N, 082[deg]59.159' W to
                                           42[deg]20.705' N, 082[deg]59.233' W; the
                                           second line, to the north, is drawn
                                           directly across the channel from position
                                           42[deg]20.754' N, 082[deg]58.681' W to
                                           42[deg]20.843' N, 082[deg]58.792' W.
(e) Wyandotte Invites Rowing Event        All waters of the Detroit River, Trenton    One day in July or August.
 Wyandotte, MI.                            Channel between the following two lines
                                           going from bank-to-bank: The first line
                                           is drawn directly across the channel from
                                           position 42[deg]10.98' N, 083[deg]09.29'
                                           W; the second line, to the north, is
                                           drawn directly across the channel from
                                           position 42[deg]11.7' N, 083[deg]08.9' W.
(f) Roar on the River Powerboat Race      All U.S. waters of the Trenton Channel      Three consecutive days in
 Trenton, MI.                              bounded by an east/west line starting at    July or August.
                                           a point on land at the northern end of
                                           Elizabeth Park in Trenton, MI, located at
                                           position 42[deg]8.2' N; 083[deg]10.6' W,
                                           extending east to a point near the center
                                           of the Trenton Channel at position
                                           42[deg]8.2' N; 083[deg]10.4' W, extending
                                           South to the Grosse Ile Parkway Bridge
                                           located at position 42[deg]7.7' N;
                                           083[deg]10.5' W, west to the shore.
(g) St. Clair River Classic Power Boat    All U.S. waters of the St. Clair River      One weekend in July or
 Race St. Clair, MI.                       bounded by latitude 42[deg]50.5' N to the   August.
                                           north and latitude 42[deg]48.5' N to the
                                           south; the shoreline of the St. Clair
                                           River on the west; and the international
                                           boundary line on the east.
(h) Marine City Water Ski Show Marine     All U.S. waters of the St. Clair River 200  One day at the end of July
 City, MI.                                 feet seaward of latitude position           or beginning of August.
                                           42[deg]43.382' N, and to the south by
                                           2,000 feet to 200 feet seaward of
                                           latitude position 42[deg]42.983' N.
(i) Detroit Hydrofest Power Boat Race     All U.S. waters of the Detroit River in     Three consecutive days in
 Detroit, MI.                              Scott Middle Ground, north of Belle Isle,   August or September.
                                           Michigan, starting at positions
                                           42[deg]20.506' N, 083[deg]00.016' W, on
                                           the Douglas MacArthur Bridge; extending
                                           east to the Belle Isle Crib Light at
                                           42[deg]21.205' N, 082[deg]57.996' W.
(j) Bay City Grand Prix Powerboat Races   All waters of the Saginaw River bounded on  One weekend at the end of
 Bay City, MI.                             the north by the Liberty Bridge, located    June or beginning of
                                           at 43[deg]36.3' N, 083[deg]53.4' W, and     July.
                                           bounded on the south by the Veterans
                                           Memorial Bridge, located at 43[deg]35.8'
                                           N, 083[deg]53.6' W.
(k) Tug Across the River Detroit, MI....  All U.S. waters of the Detroit River,       One day in June or July.
                                           Detroit, Michigan, bounded on the south
                                           by the International boundary, on the
                                           west by 083[deg]03' W, on the east by
                                           083[deg]02' W, and on the north by the
                                           U.S. shoreline. This position is located
                                           on the Detroit River in front of Hart
                                           Plaza, Detroit, MI.

[[Page 52336]]

 
(l) Michigan Championships Swimming       All waters of the Detroit River and Belle   One day in August or
 Event Detroit, MI.                        Isle Beach between the following two        September.
                                           lines: The first line is drawn directly
                                           across the channel from position
                                           42[deg]20.517' N, 082[deg]59.159' W to
                                           42[deg]20.705' N, 082[deg]59.233' W; the
                                           second line, to the north, is drawn
                                           directly across the channel from position
                                           42[deg]20.754' N, 082[deg]58.681' W to
                                           42[deg]20.997' N, 082[deg]58.846' W.
(m) Bay City Tall Ships Parade of Sail    All waters throughout the federal           Tri-annually in July.
 Bay City, MI.                             navigational channel of Saginaw Bay from
                                           Light Buoy 11 at position 43[deg]43.90'
                                           N, 083[deg]46.87' W and Light 12 at
                                           position 43[deg]43.93' N, 083[deg]46.95'
                                           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]35.77' N,
                                           083[deg]53.60' W.
----------------------------------------------------------------------------------------------------------------
Event                                     Marine Safety Unit Toledo Special Local     Date
                                           Regulations.
----------------------------------------------------------------------------------------------------------------
(n) Frogtown Race Regatta Toledo, OH....  All waters of the Maumee River, Toledo,     One day in September.
                                           OH, from the Martin Luther King Jr.
                                           Memorial Bridge at River Mile 4.30 to the
                                           Michael DiSalle Bridge at River Mile 6.73.
(o) Dragon Boat Learning Festival         All waters of the Maumee River in Toledo,   One day in June or July.
 Toledo, OH.                               OH between the Martin Luther King Jr.
                                           Memorial Bridge at river mile 4.30 and a
                                           line extending from a point at position
                                           41[deg]38.78' N, 083[deg]31.84' W at
                                           International Park straight across the
                                           river to shore near the mouth of Swan
                                           Creek at position 41[deg]38.79' N,
                                           083[deg]32.03' W.
----------------------------------------------------------------------------------------------------------------

Sec. Sec.  100.912 through 100.921, 100.927, and 100.928  [Removed]

0
3. Remove Sec. Sec.  100.912, 100.913, 100.914, 100.915, 100.916, 
100.917, 100.918, 100.919, 100.920, 100.921, 100.927, and 100.928.

    Dated: October 11, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-22517 Filed 10-16-18; 8:45 am]
 BILLING CODE 9110-04-P