30860 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 

evidence warrants a new review by a 

hearing officer or whether the Appeals 

Council will consider the additional 

evidence as part of its review of the 

case. 

(c) Individual charged did not file an 

answer. If the representative did not file 

an answer to the charges, the 

representative may not introduce 

evidence that was not considered at the 

hearing. 

■ 23. Amend § 416.1590 by revising 

paragraph (a) and adding paragraph (f) 

to read as follows: 

§ 416.1590 Appeals Council’s decision. 

(a) The Appeals Council will base its 

decision upon the evidence in the 

hearing record and any other evidence 

it may permit on review. The Appeals 

Council will affirm the hearing officer’s 

decision if the action, findings, and 

conclusions are supported by 

substantial evidence. If the hearing 

officer’s decision is not supported by 

substantial evidence, the Appeals 

Council will either: 

(1) Reverse or modify the hearing 

officer’s decision; or 

(2) Return a case to the hearing officer 

for further proceedings. 

* * * * * 

(f) The Appeals Council may 

designate and publish certain final 

decisions as precedent for other actions 

brought under its representative 

conduct provisions. Prior to making a 

decision public, we will remove or 

redact personally identifiable 

information from the decision. 

■ 24. Amend § 416.1599 by revising 

paragraphs (a), (d)(2), and (f) to read as 

follows: 

§ 416.1599 Reinstatement after 

suspension or disqualification—period of 

suspension not expired. 

(a) After more than one year has 

passed, a person who has been 

suspended or disqualified may ask the 

Appeals Council for permission to serve 

as a representative again. The Appeals 

Council will assign and process a 

request for reinstatement using the same 

general procedures described in 

§ 416.1576. 

* * * * * 

(d) * * * 

(2) If a person was disqualified 

because he or she had been disbarred, 

suspended, or removed from practice for 

the reasons described in § 416.1545(d) 

through (f), the Appeals Council will 

grant a request for reinstatement as a 

representative only if the criterion in 

paragraph (d)(1) of this section is met 

and the disqualified person shows that 

he or she has been admitted (or 

readmitted) to and is in good standing 

with the court, bar, Federal program or 

agency, or other governmental or 

professional licensing authority from 

which he or she had been disbarred, 

suspended, or removed from practice. 

* * * * * 

(f) If the Appeals Council decides not 

to grant the request, it will not consider 

another request before the end of 3 years 

from the date of the notice of the 

previous denial. 

[FR Doc. 2018–13989 Filed 6–29–18; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2018–0626] 

RIN 1625–AA08 

Special Local Regulation; Wyandotte 

Invites, Detroit River, Trenton Channel, 

Wyandotte, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for certain navigable waters of the 

Detroit River, Trenton Channel, 

Wyandotte, MI. This action is necessary 

and is intended to ensure safety of life 

on navigable waters immediately prior 

to, during, and immediately after the 

Wyandotte Invites event. 

DATES: This temporary final rule is 

effective from 8 a.m. until 12:30 p.m. on 

July 15, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0626 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 temporary 

rule, call or email Tracy Girard, 

Prevention Department, Sector Detroit, 

Coast Guard; telephone 313–568–9564, 

or 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 

COTP Captain of the Port 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary 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. The Coast 

Guard just recently received the final 

details of this rowing event, Wyandotte 

Invites, which does not provide 

sufficient time to publish an NPRM 

prior to the event. Thus, delaying the 

effective date of this rule to wait for a 

comment period to run would be 

contrary to public interest because it 

would inhibit the Coast Guard’s ability 

to protect participants, mariners and 

vessels from the hazards associated with 

this event. It is impracticable to publish 

an NPRM because we lack sufficient 

time to provide a reasonable comment 

period and then consider those 

comments before issuing this rule. 

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. Delaying the effective date of 

this rule would inhibit the Coast 

Guard’s ability to protect participants, 

mariners and vessels from the hazards 

associated with this event. 

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 a youth 

rowing regatta 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 location to 

help minimize risks to safety of life and 

property during this event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

special local regulation from 8 a.m. until 

12:30 p.m. on July 15, 2018. In light of 

the aforementioned hazards, the COTP 

has determined that a special local 

regulation is necessary to protect 


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Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 30861 

spectators, vessels, and participants. 

The special local regulation will 

encompass the following waterway: 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°11.0′ N, 083°09.4′ W 

(NAD 83); the second line, to the north, 

is drawn directly across the channel 

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

(NAD 83). 

An on-scene representative of the 

COTP may permit vessels to transit the 

area when no race activity is occurring. 

The on-scene representative may be 

present on any Coast Guard, state, or 

local law enforcement vessel assigned to 

patrol the event. Vessel operators 

desiring to transit through the regulated 

area must contact the Coast Guard Patrol 

Commander to obtain permission to do 

so. The COTP or his designated onscene representative may be contacted 

via VHF Channel 16 or at 313–568– 

9560. 

The COTP or his designated on-scene 

representative will notify the public of 

the enforcement of this rule by all 

appropriate means, including a 

Broadcast Notice to Mariners and Local 

Notice to Mariners. 

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-year of the special local 

regulation. Vessel traffic will be able to 

safely transit around this special local 

regulation zone which will impact a 

small designated area of the Detroit 

River from 8 a.m. until 12:30 p.m. on 

July 15, 2018. Moreover, the Coast 

Guard will issue Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the special local regulation and 

the rule allows vessels to seek 

permission to enter the area. 

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 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 

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 Order 13132. 

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 

above. 

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 involves a 

special local regulation lasting less than 

five hours that will prohibit entry into 

a designated area. It is categorically 

excluded from further review under 

paragraph L[61] of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 01. A Record of 

Environmental Consideration 


daltland on DSKBBV9HB2PROD with RULES
30862 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 

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. 

■ 2. Add § 100.T09–0626 to read as 

follows: 

§ 100.T09–0626 Special Local Regulation; 

Wyandotte Invites, Detroit River, Trenton 

Channel, Wyandotte, MI. 

(a) Regulated areas. The following 

regulated area is established as a special 

local regulation: All waters of the 

Detroit River, Trenton Channel between 

the following two lines going from bankto-bank: the first line is drawn directly 

across the channel from position 

42°11.0′ N, 083°09.4′ W (NAD 83); the 

second line, to the north, is drawn 

directly across the channel from 

position 42°11.7′ N, 083°08.9′ W (NAD 

83). 

(b) Enforcement date. The regulated 

area described in paragraph (a) will be 

enforced from 8 a.m. until 12:30 p.m. on 

July 15, 2018. 

(c) Regulations. (1) Vessels transiting 

through the regulated area are to 

maintain the minimum speeds for safe 

navigation. 

(2) Vessel operators desiring to enter, 

transit through, anchoring in, remaining 

in, or operate within the regulated area 

must contact the CTOP Detroit or his 

designated representative to obtain 

permission to do so. The COTP Detroit 

or his designated representative may be 

contacted via VHF Channel 16 or at 

313–568–9560. Vessel operators given 

permission to operate within the 

regulated area must comply with all 

directions given to them by the COTP or 

his on-scene representative. 

(d) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port (COTP) Detroit in the 

enforcement of the regulated areas. 

Dated: June 27, 2018. 

Jeffrey W. Novak, 

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

Port Detroit. 

[FR Doc. 2018–14173 Filed 6–29–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0485] 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone: Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Des Plaines River between 

the McDonough Street Bridge and Cass 

Street Bridge in Joliet, Illinois on July 3, 

2018. This action is necessary and 

intended to protect mariners and ensure 

the safety of life from the hazards 

associated with a shore based fireworks 

show. During the enforcement period 

listed below, entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan or a 

designated representative. 

DATES: The regulations in 33 Code of 

Federal Regulations (CFR) 165.930 will 

be enforced from 9:15 p.m. to 10 p.m. 

on July 3, 2018. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT John 

Ramos, Waterways Management 

Division, Marine Safety Unit Chicago, 

telephone 630–986–2155, email address 

D09-DG-MSUChicago-Waterways@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone: Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.930. Specifically, 

the Coast Guard will enforce this safety 

zone on all waters of the Des Plaines 

River between the McDonough Street 

Bridge and Cass Street Bridge in Joliet, 

Illinois. Enforcement will occur from 

9:15 p.m. to 10 p.m. on July 3, 2018. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan or a designated onscene representative. Vessels and 

persons granted permission to enter the 

safety zone shall obey all lawful orders 

or directions of the Captain of the Port 

Lake Michigan, or his or her on-scene 

representative. 

This notice of enforcement is issued 

under the authority of 33 CFR 165.930 

and 5 U.S.C. 552(a). In addition to this 

publication in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

this safety zone via Broadcast Notice to 

Mariners and Local Notice to Mariners. 

Additionally, the Captain of the Port 

Lake Michigan may notify 

representatives from the maritime 

industry through telephonic 

notifications, email notifications, or by 

direct communication from on scene 

patrol commanders. If the Captain of the 

Port or a designated representative 

determines that the regulated area need 

not be enforced for the full duration 

stated in this notice, he or she may grant 

general permission to enter the 

regulated area via Broadcast Notice to 

Mariners. The Captain of the Port Lake 

Michigan or a designated on-scene 

representative may be contacted via 

Channel 16, VHF–FM or at (414) 747– 

7182. 

Dated: June 18, 2018. 

Thomas J. Stuhlreyer, 

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

Port Lake Michigan. 

[FR Doc. 2018–14190 Filed 6–29–18; 8:45 am] 

BILLING CODE 9110–04–P 


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