66128 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 

(j)(2), (k)(1), and (k)(2) of the Privacy 

Act. 

Dated: December 18, 2018. 

Peter A. Winn, 

Acting Chief Privacy and Civil Liberties 

Officer, United States Department of Justice. 

[FR Doc. 2018–27798 Filed 12–21–18; 8:45 am] 

BILLING CODE 4410–58–P 

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. 

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 

Tracy.M.Girard@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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 § 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 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233; 33 CFR 

1.05–1. 

■ 2. Revise § 100.911 to read as follows: 

§ 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 § 100.911, along with the 

requirements of § 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 § 100.911 are still 

required to submit marine event 

applications in accordance with 

§ 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 § 100.911 are North American 

Datum of 1983 (NAD 83). 


amozie on DSK3GDR082PROD with RULES
66130 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 

TABLE 1 TO § 100.911 

[COTP Zone Detroit] 

Event Sector Detroit special local regulations Date 

(1) Hebda Cup Rowing Regatta 

Rowing Event, Wyandotte, MI.

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°10.98′ N, 083°09.29′ W; 

the second line, to the north, is drawn directly across the channel 

from position 42°11.7′ N, 083°08.9′ W.

Two days in April or May. 

(2) Wy-Hi Rowing Regatta Rowing 

Event, Wyandotte, MI.

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°10.98′ N, 083°09.29′ W; 

the second line, to the north, is drawn directly across the channel 

from position 42°11.7′ N, 083°08.9′ W.

Two days in April or May. 

(3) Wyandotte Rowing Regatta, 

Wyandotte, MI.

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°10.98′ N, 083°09.29′ W; 

the second line, to the north, is drawn directly across the channel 

from position 42°11.7′ N, 083°08.9′ W.

Two days in April or May. 

(4) Motor City Mile Swimming 

Event, Detroit, MI.

All waters of the Detroit River, Belle Isle Beach between the following 

two lines: the first line is drawn directly across the channel from 

position 42°20.517′ N, 082°59.159′ W to 42°20.705′ N, 082°59.233′ 

W; the second line, to the north, is drawn directly across the channel from position 42°20.754′ N, 082°58.681′ W to 42°20.843′ N, 

082°58.792′ W.

One day in June or July. 

(5) Wyandotte Invites Rowing 

Event, Wyandotte, MI.

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°10.98′ N, 083°09.29′ W; 

the second line, to the north, is drawn directly across the channel 

from position 42°11.7′ N, 083°08.9′ W.

One day in July or August. 

(6) Roar on the River Powerboat 

Race, Trenton, MI.

All U.S. waters of the Trenton Channel bounded by an east/west line 

starting at a point on land at the northern end of Elizabeth park in 

Trenton, MI, located at position 42°8.2′ N; 083°10.6′ W, extending 

east to a point near the center of the Trenton Channel at position 

42°8.2′ N; 083°10.4′ W, extending South to the Grosse Ile Parkway 

Bridge located at position 42°7.7′ N; 083°10.5′ W, west to the 

shore.

Three consecutive days in July or 

August. 

(7) St. Clair River Classic Power 

Boat Race, St. Clair, MI.

All U.S. waters of the St. Clair River bounded by latitude 42°50.5′ N 

to the north and latitude 42°48.5′ N to the south; the shoreline of 

the St. Clair River on the west; and the international boundary line 

on the east.

One weekend in July or August. 

(8) Marine City Water Ski Show, 

Marine City, MI.

All U.S. waters of the St. Clair River 200 feet seaward of latitude position 42°43.382′ N, and to the south by 2,000 feet to 200 feet seaward of latitude position 42°42.983′ N.One day at the end of July or beginning of August. 

(9) Detroit Hydrofest Power Boat 

Race, Detroit, MI.

All U.S. waters of the Detroit River in Scott Middle Ground, north of 

Belle Isle, Michigan, starting at positions 42°20.506′ N, 083°00.016′ 

W, on the Douglas MacArthur Bridge; extending east to the Belle 

Isle Crib Light at 42°21.205′ N, 082°57.996′ W.

Three consecutive days in August 

or September. 

(10) Bay City Grand Prix Powerboat Races, Bay City, MI.All waters of the Saginaw River bounded on the north by the Liberty 

Bridge, located at 43°36.3′ N, 083°53.4′ W, and bounded on the 

south by the Veterans Memorial Bridge, located at 43°35.8′ N, 

083°53.6′ W.

One weekend at the end of June 

or beginning of July. 

(11) Tug Across the River, Detroit, 

MI.

All U.S. waters of the Detroit River, Detroit, Michigan, bounded on 

the south by the International boundary, on the west by 083°03′ W, 

on the east by 083°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.

One day in June or July. 

(12) Michigan Championships 

Swimming Event, Detroit, MI.

All waters of the Detroit River and Belle Isle Beach between the following two lines: the first line is drawn directly across the channel 

from position 42°20.517′ N, 082°59.159′ W to 42°20.705′ N, 

082°59.233′ W; the second line, to the north, is drawn directly 

across the channel from position 42°20.754′ N, 082°58.681′ W to 

42°20.997′ N, 082°58.846′ W.

One day in August or September. 

(13) Bay City Tall Ships Parade of 

Sail, Bay City, MI.

All waters throughout the federal navigational channel of Saginaw 

Bay from Light Buoy 11 at position 43°43.90′ N, 083°46.87′ W and 

Light 12 at position 43°43.93′ N, 083°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°35.77′ N, 

083°53.60′ W.

Tri-annually in July. 


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Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 66131 

Event Marine safety unit Toledo special local regulations Date 

(14) Frogtown Race Regatta, Toledo, OH.All waters of the Maumee River, Toledo, OH, from the Martin Luther 

King Jr. Memorial Bridge at River Mile 4.30 to the Michael DiSalle 

Bridge at River Mile 6.73.

One day in September. 

(15) Dragon Boat Learning Festival, 

Toledo, OH.

All waters of the Maumee River in 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°38.78′ N, 083°31.84′ W at International Park straight across the river to shore near the mouth of 

Swan Creek at position 41°38.79′ N, 083°32.03′ W.

One day in June or July. 

§§ 100.912 through 100.921, 100.927, and 

100.928 [Removed] 

■ 3. Remove § 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: 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2018–1054] 

Drawbridge Operation Regulation; 

Duwamish Waterway, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Southwest 

Spokane Street Bridge (Spokane Street 

Bridge), mile 0.3, across the Duwamish 

Waterway at Seattle, WA. The deviation 

is necessary to accommodate re-routed 

roadway traffic while the Alaskan Way 

Viaduct is closed. This deviation allows 

the subject bridge to remain in the 

closed-to-navigation position to allow 

congested roadway traffic to move 

easier. 

DATES: This deviation is effective from 

7 a.m. on January 11, 2019, to 7 p.m. on 

February 9, 2019. 

ADDRESSES: The docket for this 

deviation, USCG–2018–1054 is available 

at http://www.regulations.gov. Type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: Seattle 

Department of Transportation (SDOT), 

the owner of the impacted drawbridges, 

requested a temporary deviation from 

the operating schedule for the Spokane 

Street Bridge, mile 0.3, across the 

Duwamish Waterway at Seattle, WA, to 

facilitate morning and afternoon rerouted roadway traffic. Washington 

Department of Transportation is closing 

the Alaskan Way Viaduct forever, and 

have not finished building new ramp 

approaches to the new SR99 Tunnel 

into Seattle, WA. During the closure of 

the viaduct, SDOT will be re-routing 

roadway traffic into Seattle across the 

Duwamish Waterway, and requested to 

not open the subject bridge to marine 

vessels during morning and afternoon 

hours. The normal operating schedule 

for the Spokane Street Bridge is in 33 

CFR 117.5; which is open on signal. The 

Spokane Street Bridge provides a 

vertical clearance of 55 feet for the 

center 130 feet in the closed-tonavigation position, and 44 feet in the 

closed-to-navigation position on both 

sides. Vertical clearances refer to the 

Mean High tide level. 

During this deviation period, the 

Spokane Street Bridge draw need not 

open to vessels from 7 a.m. to 10 a.m., 

and from 2 p.m. to 5 p.m. from January 

11, 2019 to February 9, 2019, for vessels 

less than 5000 gross tons. If a vessel has 

in tow a vessel of 5000, or more, gross 

tons, or is a vessel proceeding to pick 

up a tow vessel of 5000, or more, gross 

tons, the Spokane Street Bridge shall 

open on signal. Delta Marine will be 

conducting sea trials during this 

deviation period with a 174 foot, 900 

ton vessel; SDOT has agreed to open the 

subject bridge, on signal, for the Delta 

Marine vessel during this deviation 

period. Waterway usage on the 

Duwamish Waterway range from large 

mega yachts, commercial tug and barge 

to small pleasure craft. Vessels able to 

pass through the subject bridge in the 

closed-to-navigation position may do so 

at any time. The Spokane Street Bridge 

will not be able to open for emergencies, 

and there is no immediate alternate 

route for vessels to pass. The Coast 

Guard will also inform the users of the 

waterways through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridges so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the Spokane Street Bridge must return 

to its regular operating schedule 

immediately at the end of the effective 

period of this temporary deviation. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: December 3, 2018. 

Steven M. Fischer, 

Bridge Chief Administrator, Thirteenth Coast 

Guard District. 

[FR Doc. 2018–27831 Filed 12–21–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–1107] 

RIN 1625–AA00 

Safety Zone; Mathai Fireworks, Detroit 

River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 420-foot 

radius of a portion of the Detroit River, 

Detroit, MI. This zone is necessary to 

protect spectators and vessels from 

potential hazards associated with the 

Mathai marriage proposal fireworks. 

DATES: This temporary final rule is 

effective from 10 p.m. on December 27, 

2018 through 10:30 p.m. on December 

28, 2018. 


amozie on DSK3GDR082PROD with RULES