32206 Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 

Chicago ACO Branch, FAA, 2300 E Devon 

Ave., Des Plaines, IL 60018; phone: 847–294– 

8180; fax: 847–294–7834; email: 

john.m.tallarovic@faa.gov. 

(k) Material Incorporated by Reference 

None. 

Issued in Burlington, Massachusetts, on 

July 6, 2018. 

Karen M. Grant, 

Acting Manager, Engine and Propeller 

Standards Branch, Aircraft Certification 

Service. 

[FR Doc. 2018–14801 Filed 7–11–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2018–0662] 

RIN 1625–AA08 

Special Local Regulation; Marine City 

Water Ski Show, St. Clair River, Marine 

City, 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 St. 

Clair River, Marine City, MI. This action 

is necessary and is intended to ensure 

safety of life on navigable waters 

immediately prior to, during, and 

immediately after the Marine City Water 

Ski Show. 

DATES: This temporary final rule is 

effective from 1 p.m. though 5 p.m. on 

August 4, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0662 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 water ski show, 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 water 

ski show 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 special local 

regulation from 1 p.m. though 5 p.m. on 

August 4, 2018. The special local 

regulation will encompass all U.S. 

navigable waters of the St. Clair River, 

Marine City, MI, bound by: 200 feet 

seaward of latitude position 42°43.382′ 

N and 200 feet seaward of latitude 

position 42°42.983′ N (NAD 83). The 

special local regulation will be enforced 

from 1 p.m. to 1:45 p.m. and from 4 p.m. 

to 4:45 p.m. on August 4, 2018. No 

vessel or person will be permitted to 

enter the special local regulation 

without obtaining permission from the 

COTP or his 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-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 St. Clair 

River from 1 p.m. until 5 p.m. on 

August 4, 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 


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Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 32207 

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 

four 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 

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. Add § 100.T09–0662 to read as 

follows: 

§ 100.T09–0662 Special Local Regulation; 

Marine City Water Ski Show, St. Clair River, 

Marine City, MI. 

(a) Regulated areas. The following 

regulated area is established to include 

all U.S. navigable waters of the St. Clair 

River, Marine City, MI, bound by: 200 

feet seaward of latitude position 

42°43.382′ N and 200 feet seaward of 

latitude position 42°42.983′ N (NAD 83). 

(b) Enforcement date. The regulated 

area described in paragraph (a) of this 

section will be in effect from 1 p.m. 

though 5 p.m. on August 4, 2018. The 

special local regulation will be enforced 

from 1 p.m. to 1:45 p.m. and from 4 p.m. 

to 4:45 p.m. on August 4, 2018. 

(c) Special local regulations. (1) 

Vessels transiting through the regulated 

area are to maintain the minimum 

speeds for safe navigation. 

(2) Vessel operators desiring to 

operate in the regulated area must 

contact the Coast Guard Patrol 

Commander to obtain permission to do 

so. The Captain of the Port Detroit 

(COTP) or his on-scene 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. 

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

the COTP Detroit is any Coast Guard 

commissioned, warrant or petty officer 

or a Federal, State, or local law 

enforcement officer designated by or 

assisting the Captain of the Port Detroit 

to act on his behalf. 

Dated: July 5, 2018. 

Kevin D. Floyd, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Detroit. 

[FR Doc. 2018–14919 Filed 7–11–18; 8:45 am] 

BILLING CODE 9110–04–P 


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