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[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
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