33122 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 

COTP determines that these special 

local regulations need not be enforced 

for the full duration stated in this notice 

of enforcement, a Broadcast Notice to 

Mariners may be used to grant general 

permission to enter the regulated area. 

Dated: June 14, 2018. 

K.B. Reed, 

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

Port Long Island Sound. 

[FR Doc. 2018–15235 Filed 7–16–18; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 D09- 

SMB-SECLakeMichgan-WWM@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 

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°04′5 N, 086°14′12.4′′ W; then east to 

43°04′2′′ N, 086°14′1′′ W; then south to 

43°03′45′′ N, 086°14′10′′ W; then west to 

43°03′48′′ N, 086°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. 


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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Revise § 100.906 to read as follows: 

§ 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°04′5 N, 086°14′12.4′′ W; 

then east to 43°04′2′′ N, 086°14′1′′ W; 

then south to 43°03′45′′ N, 086°14′10′′ 

W; then west to 43°03′48′′ N, 086°14′17′′ 

W; then back to the point of origin (NAD 

83). 

(b) Special local regulations. The 

regulations of § 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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