[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Rules and Regulations]
[Pages 66128-66131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27772]
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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: Final rule.
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SUMMARY: The Coast Guard is updating its recurring special local
regulations in the Captain of the Port Detroit. This rule updates
fifteen special local regulation locations, dates, and sizes, adds six
special local regulations, removes six established special local
regulations, and reformats the regulations into an easier to read table
format. These amendments will ensure safety of life on navigable waters
to be used for a various events immediately prior to, during, and
immediately after these events.
DATES: This rule is effective January 25, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0929 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 rule,
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
II. Background Information and Regulatory History
On October 17, 2018 the Coast Guard published an NPRM in the
Federal Register (83 FR 52333) entitled ``Special Local Regulations;
Marine Events in the Coast Guard Sector Detroit Captain of the Port
Zone.'' The NPRM proposed to establish fifteen permanent special local
regulations for annually recurring events in the Captain of the Port
Detroit Zone under Sec. 100.911. The NPRM was open for comment for 30
days. There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to these special local
regulations. During the comment period that ended November 17, 2018, we
received two comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. 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 these various
special local regulations 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 locations
listed in table to help minimize risks to safety of life and property
during this event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two positive comments encouraging this
rule on our NPRM published October 17, 2018. There are no changes in
the regulatory text of this rule from the proposed rule in the NPRM.
This rule updates fifteen special local regulation locations,
dates, and sizes, adds six special local regulations, removes six
established special local regulations, and reformats the regulations
into an easier to read table format. The exact duration and dates of
the special local regulations will be determined annually. In light of
the aforementioned hazards, the COTP has determined that a special
local regulation is necessary to protect spectators, vessels, and
participants. No vessel or person will be permitted to enter the
special local regulation without obtaining permission from the COTP or
a designated representative.
V. Regulatory Analyses
We developed this 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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.
This regulatory action determination is based on the size,
location, duration, and time-of-day for each special local regulation.
Vessel traffic will be able to safely transit most safety zones which
will impact small designated areas within the COTP zone for short
durations of time. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone and the
rule allows vessels to seek permission to enter the zone.
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 received no comments from the Small Business
Administration on this 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.
While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
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 the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions
[[Page 66129]]
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section.
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.
C. 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).
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 rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive
Order13132.
Also, 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. If
you believe this 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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 rule updates
fifteen special local regulation locations, dates, and sizes, adds six
special local regulations, removes six established special local
regulations, and reformats the regulations into an easier to read table
format. It is categorically excluded from further review under
paragraph L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.
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.
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; 33 CFR 1.05-1.
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 regulations in this section 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. (1) No vessel may enter, transit
through, or anchor within the regulated area without the permission of
the Coast Guard Patrol Commander.
(2) 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.
(3) All geographic coordinates in Table 1 to Sec. 100.911 are
North American Datum of 1983 (NAD 83).
[[Page 66130]]
Table 1 to Sec. 100.911
[COTP Zone Detroit]
------------------------------------------------------------------------
Sector Detroit special
Event local regulations Date
------------------------------------------------------------------------
(1) Hebda Cup Rowing Regatta All waters of the Two days in
Rowing Event, Wyandotte, MI. Detroit River, April or May.
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]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.
(2) Wy-Hi Rowing Regatta All waters of the Two days in
Rowing Event, Wyandotte, MI. Detroit River, April or May.
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]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.
(3) Wyandotte Rowing Regatta, All waters of the Two days in
Wyandotte, MI. Detroit River, April or May.
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]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.
(4) Motor City Mile Swimming All waters of the One day in June
Event, Detroit, MI. Detroit River, Belle or July.
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.
(5) Wyandotte Invites Rowing All waters of the One day in July
Event, Wyandotte, MI. Detroit River, or August.
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]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.
(6) Roar on the River All U.S. waters of the Three
Powerboat Race, Trenton, MI. Trenton Channel consecutive
bounded by an east/ days in July or
west line starting at 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.
(7) St. Clair River Classic All U.S. waters of the One weekend in
Power Boat Race, St. Clair, St. Clair River July or August.
MI. bounded by latitude
42[deg]50.5' N to the
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.
(8) Marine City Water Ski All U.S. waters of the One day at the
Show, Marine City, MI. St. Clair River 200 end of July or
feet seaward of beginning of
latitude position 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.
(9) Detroit Hydrofest Power All U.S. waters of the Three
Boat Race, Detroit, MI. Detroit River in consecutive
Scott Middle Ground, days in August
north of Belle Isle, 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.
(10) Bay City Grand Prix All waters of the One weekend at
Powerboat Races, Bay City, MI. Saginaw River bounded the end of June
on the north by the or beginning of
Liberty Bridge, July.
located at
43[deg]36.3' N,
083[deg]53.4' W, and
bounded on the south
by the Veterans
Memorial Bridge,
located at
43[deg]35.8' N,
083[deg]53.6' W.
(11) Tug Across the River, All U.S. waters of the One day in June
Detroit, MI. Detroit River, 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.
(12) Michigan Championships All waters of the One day in
Swimming Event, Detroit, MI. Detroit River and August or
Belle Isle Beach September.
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]20.997' N,
082[deg]58.846' W.
(13) Bay City Tall Ships All waters throughout Tri-annually in
Parade of Sail, Bay City, MI. the federal July.
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.
------------------------------------------------------------------------
[[Page 66131]]
Marine safety unit
Event Toledo special local Date
regulations
------------------------------------------------------------------------
(14) Frogtown Race Regatta, All waters of the One day in
Toledo, OH. Maumee River, Toledo, 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.
(15) Dragon Boat Learning All waters of the One day in June
Festival, Toledo, OH. Maumee River in or July.
Toledo, 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. [thinsp]100.912 through 100.921, 100.927, and 100.928
[Removed]
0
3. Remove 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, and Sec. 100.928.
Dated: December 18, 2018.
Jeffrey W. Novak,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-27772 Filed 12-21-18; 8:45 am]
BILLING CODE 9110-04-P