[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33122-33123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15239]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0267]
RIN 1625-AA08


Special Local Regulation; Grand Haven Coast Guard Festival 
Waterski Show, Grand Haven, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is amending a special local regulation for 
certain waters of the Grand River at Waterfront Stadium in Grand Haven, 
MI. This action is necessary and is intended to ensure safety of life 
on navigable waters to be used for a waterski show. This action will 
prohibit persons or vessels from entering certain waters immediately 
prior to, during, and immediately after the marine event. This special 
local regulation is needed to protect spectators, personnel, vessels, 
and the marine environment from potential hazards created by the Grand 
Haven Waterski Show.

DATES: This temporary final rule is effective from 7 p.m. through 9 
p.m. on July 31, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0267 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 about this 
temporary rule, call or email marine event coordinator MSTC Kaleena 
Carpino, Prevention Department, Coast Guard Sector Lake Michigan, 
Milwaukee, WI; telephone (414) 747-7148, or email <a href="/cdn-cgi/l/email-protection#3a7e0a031769777817697f79765b515f775359525d5b54176d6d777a4f49595d14575356"><span class="__cf_email__" data-cfemail="83c7b3baaed0cec1aed0c6c0cfe2e8e6ceeae0ebe4e2edaed4d4cec3f6f0e0e4adeeeaef">[email protected]</span></a>.

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

    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 The Grand Haven Waterski show is an 
annual event codified in 33 CFR 100.906. The coordinates listed therein 
are not accurate for this year's event, and final details for the event 
were not received in time to publish an NPRM. As such, 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 the 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 Lake Michigan (COTP) has determined that 
the combination of recreational vessels, commercial vessels, and an 
unknown number of spectators in close proximity to the waterski show 
pose extra and unusual hazards to public safety and property. Specific 
hazards include collisions among event participants, collisions between 
participants and recreational traffic, and other traffic that may cause 
injury or marine casualties. Therefore, the COTP is amending a Special 
Local Regulation around the event location to help minimize risks to 
safety of life and property to persons, vessels, and the marine 
environment during this event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 7 
p.m. until 9 p.m. on July 31, 2018. In light of the aforementioned 
hazards, the COTP has determined that a special local regulation is 
necessary to protect spectators, vessels, and the marine environment. 
The special local regulation will cover all navigable waters within the 
following coordinates: 43[deg]04'5 N, 086[deg]14'12.4'' W; then east to 
43[deg]04'2'' N, 086[deg]14'1'' W; then south to 43[deg]03'45'' N, 
086[deg]14'10'' W; then west to 43[deg]03'48'' N, 086[deg]14'17'' W; 
then back to the point of origin. No vessel or person will be permitted 
to enter the regulated area without obtaining permission from the COTP 
or a designated representative.
    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. 
The COTP or his designated on-scene representative may be contacted via 
VHF Channel 16, or at (404) 747-7182.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 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 of the special local regulation. 
The event is in the evening hours, and will last for a maximum of 2 
hours. Moreover, the Coast Guard will issue a 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 
zone.

[[Page 33123]]

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 
safety zone 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 safety zone lasting only 2 hours that will prohibit transit of the 
Grand River, in Grand Haven, MI in front of the Waterfront Stadium. It 
is categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 
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

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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.


0
2. Revise Sec.  100.906 to read as follows:


Sec.  100.906  Grand Haven Coast Guard Festival Waterski Show, Grand 
Haven, MI.

    (a) Regulated area. All waters of the Grand River in front of 
Waterfront Stadium from approximately 500 yards upriver to 150 yards 
downriver of Grand River Lighted Buoy 3A (Light list number 19000) 
within the following coordinates: 43[deg]04'5 N, 086[deg]14'12.4'' W; 
then east to 43[deg]04'2'' N, 086[deg]14'1'' W; then south to 
43[deg]03'45'' N, 086[deg]14'10'' W; then west to 43[deg]03'48'' N, 
086[deg]14'17'' W; then back to the point of origin (NAD 83).
    (b) Special local regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective date. These regulations are effective and will be 
enforced from 7 p.m. through 9 p.m. on July 31, 2018. The time and date 
for this event is subject to change. In the event of a schedule change, 
the Coast Guard will issue a Notice of Enforcement with the exact date 
and time that this regulated area will be enforced.

    Dated: June 8, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2018-15239 Filed 7-16-18; 8:45 am]
 BILLING CODE 9110-04-P


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