33124 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2018–0580] 

RIN 100–AA08 

Special Local Regulations; Annual Les 

Cheneaux Islands Antique Wooden 

Boat Show; Hessel, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is adding a 

special local regulation to increase 

safety in the navigable waters of 

Marquette Bay, Hessel, MI during the 

annual Les Cheneaux Islands Antique 

Wooden Boat Show held annually in 

mid-August. The regulation will add a 

no wake zone to be enforced in the area 

around the show from 7 a.m. to 7 p.m. 

DATES: This regulation is effective 

August 11th, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket go to http://

www.regulations.gov type USCG–2018– 

0580 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 rule, call or 

email Chief Steven Durden, Waterways 

Management, Coast Guard Sector Sault 

Sainte Marie, U.S. Coast Guard; 

telephone 906–635–3222, email 

Steven.E.Durden@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The Les Cheneaux Antique Wooden 

Boat Show was founded in 1978 and the 

event is held every year in mid-August. 

During this event, a variety of vessel 

traffic is attracted to the area in and 

surrounding the Hessel Marina. A 

commercial ferry vessel, jet skis, kayaks, 

paddle boards, sail and power vessels 

all use this this waterway to view the 

show and to transit the area. This mix 

of vessels in close proximity to each 

other warrants additional safety 

measures. In response, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) on June 18th, 2018. 

There, we stated why we issued the 

NPRM, and invited comments on our 

proposed regulatory action related to 

this no wake zone. During the comment 

period that ended July 9th, 2018, we 

received no comments. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

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 provide for the public’s safety during 

the August 11th, 2018 Les Cheneaux 

Islands Antique Wooden Boat Show. 

The legal basis for this final 

rulemaking is found at 33 U.S.C. 1233. 

III. Discussion of Comments, Changes 

and the Rule 

We received no comments from the 

NPRM published June 18th, 2018. There 

are no changes in the regulatory text of 

this rule from the proposed rule in the 

NPRM. The Captain of the Port Sault 

Sainte Marie (COTP) has determined 

that adding the Annual Les Cheneaux 

Islands Antique Wooden Boat Show to 

the list of Special Local Regulations to 

establish a no wake zone in the 

navigable waters of Marquette Bay near 

Hessel, MI is necessary to ensure the 

safety of the boating public. 

IV. 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 NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

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 for the no wake zone. 

Vessel traffic will be able to safely 

transit through the no wake zone which 

will impact a small designated area 

within the COTP zone for a short 

duration of time. Moreover, the Coast 

Guard will issue Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. 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 no wake 

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). 


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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 33125 

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 would 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. 

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 proposed 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 (42 

U.S.C. 4321–4370f), and have made a 

preliminary determination 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 

creating a no wake zone for one day 

each year in a small area. 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. A 

preliminary 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. 

■ 2. Add § 100.922 to read as follows: 

§ 100.922 Special Local Regulations; 

Annual Les Cheneaux Islands Antique 

Wooden Boat Show; Hessel, MI. 

(a) Regulated area. These Special 

Local Regulations apply to all U.S. 

navigable waters of Marquette Bay, 

Hessel, MI, within an area bordered by 

a line from the crib piles charted in 

position 45°59′59′′ N, 084°25′10′′ W to 

Red Buoy ‘‘8’’ charted in position 

45°59′46′′ N, 084°25′37′′ W to Red Buoy 

‘‘6’’ charted in position 45°59′58′′ N, 

084°25′53′′ W to Red Buoy ‘‘4’’ charted 

in position 45°59′57′′ N, 084°26′23′′ W to 

Green Buoy ‘‘5’’ charted in position 

46°00′13′′ N, 084°26′10′′ W to land in 

position 46°00′18′′ N, 084°26′04′′ W. 

(b) Enforcement period. These special 

local regulations are effective for one 

day in mid-August. The Coast Guard 

will issue a notice of enforcement with 

the exact time and date this regulated 

area will be enforced. 

(c) Special local regulation. While in 

the regulated area all vessels will 

operate at a no wake speed and follow 

the directions of the on-scene patrol 

commander. 

Dated: July 12, 2018. 

M.R. Broz, 

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

Port Sault Sainte Marie. 

[FR Doc. 2018–15248 Filed 7–16–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2018–0673] 

RIN 1625–AA08 

Special Local Regulation; 2018 Detroit 

Hydrofest, Detroit River, Detroit, 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, Detroit, MI. This action is 

necessary and is intended to ensure 

safety of life on navigable waters 

immediately prior to, during, and 

immediately after the 2018 Detroit 

Hydrofest boat races. 

DATES: This temporary final rule is 

effective from 7 a.m. on August 24, 

2018, through 7 p.m. on August 26, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0673 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 


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