52266 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR part 100 that apply to 

organized marine events on the 

navigable waters of the United States 

that may have potential for negative 

impact on the safety or other interest of 

waterway users and shore side activities 

in the event area. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, and sail board racing. Under 

figure 2–1, paragraph (34)(h), of the 

Instruction, an environmental analysis 

checklist and a categorical exclusion 

determination will be available in the 

docket where indicated under 

ADDRESSES. 

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. 

Add temporary § 100.35T05–XXXX to 

read as follows: 

§ 100.35T05–XXXX Special Local 

Regulation; Mattaponi Madness Drag Boat 

Race, Mattaponi River, Wakema, Virginia 

(a) Regulated Area. The regulated area 

includes all waters of Mattaponi River 

immediately adjacent to Rainbow Acres 

Campground in King and Queen 

County, Virginia. The regulated area 

includes a section of the Mattaponi 

River approximately three-fourths of a 

mile long and bounded in width by each 

shoreline, bounded to the east by a line 

that runs parallel along longitude 

076°52′43′′ W, near the mouth of 

Mitchell Hill Creek, and bounded to the 

west by a line that runs parallel along 

longitude 076°53′41′′ W just north of 

Wakema, Virginia. All coordinates 

reference Datum NAD 1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector 

Hampton Roads. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Hampton Roads 

with a commissioned, warrant or petty 

officer on board and displaying a Coast 

Guard ensign. 

(c) Special Local Regulations. (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by an Official Patrol. 

(ii) Proceed as directed by any official 

patrol. 

(d) Enforcement Period: This 

regulation will be enforced from 11 a.m. 

to 6 p.m. on August 27, 2011. In the case 

of inclement weather, this regulation 

will be enforced from 11 a.m. to 6 p.m. 

on August 28, 2011. 

Dated: August 2, 2011. 

Mark S. Ogle, 

Captain, U.S. Coast Guard, Captain of the 

Port Hampton Roads. 

[FR Doc. 2011–21327 Filed 8–19–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0754] 

RIN 1625–AA00 

Safety Zone; Coast Guard Exercise, 

Detroit River, Ambassador Bridge to 

the Western Tip of Belle Isle 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Captain of the Port Detroit Zone on 

the Detroit River, from the Ambassador 

Bridge to the western tip of Belle Isle. 

This safety zone is intended to restrict 

vessels from portions of the Detroit 

River during the Coast Guard Exercise. 

This safety zone is necessary to protect 

the public from the hazards associated 

with this Coast Guard exercise. 

DATES: This rule is effective and will be 

enforced from 8 a.m. to 3 p.m. on 

August 23, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0754 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0754 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail LT Adrian 

Palomeque, Prevention Department, 

Sector Detroit, Coast Guard; telephone 

(313)568–9508, e-mail Adrian.F. 

Palomeque@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable and contrary 

to the public interest. Notice was not 

received in sufficient time for the Coast 

Guard to solicit public comments before 

the start of the event. Thus, waiting for 

a notice and comment period to run 

would be impracticable and contrary to 

the public interest because it would 

inhibit the Coast Guard’s ability to 

protect the public from the hazards 

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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 52267 

associated with this Coast Guard 

exercise. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. For the same reasons 

discussed in the preceding paragraph, 

waiting for the 30 day notice period to 

run rule would be impracticable and 

contrary to the public interest of 

ensuring the safety of spectators and 

vessels during this event and immediate 

action is necessary to prevent possible 

loss of life or property. 

Background and Purpose 

On August 23, 2011, an exercise will 

be conducted by the Coast Guard along 

with local facilities and response 

organizations. 

Discussion of Rule 

This safety zone is necessary to 

ensure the safety of the public from the 

hazards associated with the Coast Guard 

Exercise. The exercise will occur 

between 8 a.m. and 3 p.m. on August 

23, 2011. This rule will be in effect and 

the safety zone will be enforced from 8 

a.m. to 3 p.m. on August 23, 2011. 

The safety zone will begin at 

Ambassador Bridge to the western tip of 

Belle Isle and encompass all U.S. waters 

of the Detroit River starting at position 

42°18′45′′ N, 083°04′28′′ W; to position 

42°19′59′′ N, 083°00′18′′ W. All 

geographic coordinates are North 

American Datum of 1983 [NAD 83]. 

All persons and vessels shall comply 

with the instructions of the Captain of 

the Port Detroit or his designated on 

scene representative. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Detroit or his designated on scene 

representative. The Captain of the Port 

Detroit or his designated on scene 

representative may be contacted via 

VHF Channel 21. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This determination 

is based on the short time that vessels 

will be restricted from the area of water 

impacted by the safety zone. Under 

certain conditions, moreover, vessels 

may still transit through the safety zone 

when permitted by the Captain of the 

Port. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). We conclude that this rule is not 

a significant regulatory action because 

we anticipate that during the short time 

this zone will be in effect, it will have 

minimal impact on the economy, will 

not interfere with other agencies, will 

not adversely alter the budget of any 

grant or loan recipients, and will not 

raise any novel or legal policy issue. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners and operators of 

vessels intending to transit or anchor in 

a portion of the Detroit River between 

Ambassador bridge and the western tip 

of Belle Isle, between 8 a.m. and 3 p.m. 

on August 23, 2011. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: This rule will 

only be in effect and enforced for seven 

hours on one day. Vessels may also 

request permission from the Captain of 

the Port Detroit to transit through the 

safety zone. The Coast Guard will give 

notice to the public via a Broadcast 

Notice to Mariners that the regulation is 

in effect, allowing vessel owners and 

operators to plan accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

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52268 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone which will only be effective 

temporarily and is therefore 

categorically excluded under paragraph 

34(g) of the Instruction. 

A final environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0754 to read as 

follows: 

§ 165.T09–0754 Safety Zone; Coast Guard 

Exercise, Detroit River, Ambassador Bridge 

to the western tip of Belle Isle. 

(a) Location. The safety zone will 

begin at Ambassador Bridge to the 

western tip of Belle Isle, and encompass 

all U.S. waters of the Detroit River, 

starting at position 42°18′45′′ N, 

083°04′28′′ W; to position 42°19′59′′ N, 

083°00′18′′ W. (DATUM: NAD 83). 

(b) Effective Period. This regulation is 

effective and will be enforced from 8 

a.m. until 3 p.m. on August 23, 2011. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Detroit, or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on scene representative may 

be contacted via VHF Channel 21. 

(4) Vessel operators desiring to enter 

or operate within the safety zone should 

contact the Captain of the Port Detroit 

or his on-scene representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the Captain 

of the Port or his on-scene 

representative. 

Dated: August 8, 2011. 

E. J. Marohn, 

Commander, U. S. Coast Guard, Acting 

Captain of the Port Detroit. 

[FR Doc. 2011–21331 Filed 8–19–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0578] 

RIN 1625–AA00 

Safety Zone; Chicago Harbor, Navy 

Pier East, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Navy Pier East Safety Zone in 

Chicago Harbor from August 12, 2011 

through August 14, 2011 and again from 

September 28, 2011 through October 1, 

2011. This action is necessary and 

intended to ensure safety of life on the 

navigable waters of the United States 

immediately prior to, during, and 

immediately after match race events. 

This rule will establish restrictions 

upon, and control movement of, vessels 

in a specified area immediately prior to, 

during, and immediately after match 

race events. During the enforcement 

period, no person or vessel may enter 

the safety zone without the permission 

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