[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33125-33127]
[FR Doc No: 2018-15159]

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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.

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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<PHONE_NUMBER>, or email
[email protected].

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
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 did not receive the final details of the
boat races 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 Detroit (COTP) has determined that the
likely combination of recreation vessels, commercial vessels, and an
unknown number of spectators in close proximity to a high speed boat
race 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 7
a.m. on August 24, 2018 until 7 p.m. August 26, 2018. The regulation
will be enforced from 12 p.m. until 7 p.m. on August 24, 2018, and from
7 a.m. until 7 p.m. on August 25 and August 26, 2018. In light of the
aforementioned hazards, the COTP has determined that a special local
regulation is necessary to protect spectators, vessels, and
participants. The special local regulation will encompass all U.S.
waters of the Detroit River in Scott Middle Ground, north of Belle
Isle, Michigan, starting at positions 42[deg]20.506' N 083[deg]00.016'
W on the Douglas MacArthur Bridge; extending east to the Belle Isle
Crib Light at 42[deg]21.205' N 082[deg]57.996' W (NAD 83).
    No vessel or person will be permitted to enter the special
regulated area without obtaining permission from the COTP or a
designated representative. The Captain of the Port Detroit or a
designated on-scene representative may be contacted via VHF Channel 16
or via telephone at<PHONE_NUMBER>. The Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone and the rule allows vessels to seek permission to enter the zone.

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 7 a.m. on August 24, 2018 until 7 p.m. on August 26,
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 3 days 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 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. Add Sec.  100.T09-0673 to read as follows:

Sec.  100.T09-0673   Special Local Regulation; 2018 Detroit Hydrofest,
Detroit River, Detroit, MI.

    (a) Location. The special local regulation will encompass all U.S.
waters of the Detroit River in Scott Middle Ground, north of Belle
Isle, Michigan, starting at positions 42[deg]20.506' N 083[deg]00.016'
W on the Douglas MacArthur Bridge; extending east to the Belle Isle
Crib Light at 42[deg]21.205' N 082[deg]57.996' W (NAD 83).
    (b) Enforcement period. A temporary special local is in effect from
7 a.m. on August 24, 2018 until 7 p.m. August 26, 2018. The regulation
will be enforced from 12 p.m. until 7 p.m. on August 24, 2018, and from
7 a.m. until 7 p.m. on August 25 and August 26, 2018.
    (c) Regulations. (1) No vessels or person may enter, transit
through, or anchor within the regulated navigation area unless
authorized by the Captain of the Port Detroit, or his on-scene
representative.
    (2) The regulated area is closed to all vessel traffic, except as
may be permitted by the Captain of the Port Detroit or his on-scene
representative.
    (3) The ``on-scene representative'' of the Captain of the Port
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.
    (4) Vessel operators shall contact the Captain of the Port Detroit
or his on-scene representative to obtain permission to enter or operate
within the regulated area. The Captain of the Port Detroit or his on-
scene representative may be contacted via VHF Channel 16 or at (313)
568-9560. Vessel operators given permission to enter or operate in the
regulated area must comply with all directions given to them by the
Captain of the Port Detroit or his on-scene representative.

    Dated: July 10, 2018.
Kevin D. Floyd,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2018-15159 Filed 7-16-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62258-62259]
[FR Doc No: 2018-26149]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-1001]
RIN 1625-AA87

Security Zones; Annual Events in the Captain of the Port Detroit
Zone--North American International Auto Show, Detroit River, Detroit MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a security zone associated with
the North American International Auto Show, Detroit River, Detroit, MI.
This security zone is intended to restrict vessels from a portion of
the Detroit River in order to ensure the safety and security of
participants, visitors, and public officials at the North American
International Auto Show (NAIAS), which is being held at Cobo Hall in
downtown Detroit, MI. Vessels in close proximity to the security zone
will be subject to increased monitoring and boarding during the
enforcement of the security zone. No person or vessel may enter the
security zone while it is being enforced without permission of the
Captain of the Port Detroit.

DATES: The security zone regulation described in 33 CFR 165.915(a)(3)
will be enforced from 7 a.m. on January 14, 2019, through 11:59 p.m. on
January 27, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email Tracy Girard, Prevention, U.S. Coast Guard
Sector Detroit, 110 Mount Elliot Street, Detroit, MI 48207; telephone
(313) 568-9564; email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the North
American International Auto Show, Detroit River, Detroit, MI security
zone listed in 33 CFR 165.915, Security zones; Captain of the Port
Detroit at the following dates and times for the following event:
    North American International Auto Show, Detroit River Detroit MI.
This security zone listed in Sec.  165.915(a)(3), will be enforced when
necessary from 7 a.m. January 14, 2019, through 11:59 p.m. January 27,
2019.
    All persons and vessels shall comply with the instructions of the
Captain of the Port Detroit or his designated on-scene representative,
who may be contacted via VHF Channel 16.

    Under the provisions of 33 CFR 165.33, no person or vessel may
enter or remain in this security zone without the permission of the
Captain of the Port Detroit. Each person and vessel in this security
zone shall obey any direction or order of the Captain of the Port
Detroit. The Captain of the Port Detroit may take possession and
control of any vessel in this security zone. The Captain of the Port
Detroit may remove any person, vessel, article, or thing from this
security zone. No person may board, or take or place any article or
thing on board any vessel in this security zone without the permission
of the Captain of Port Detroit. No person may take or place any article
or thing upon any waterfront facility in this security zone without the
permission of the Captain of the Port Detroit.
    Vessels that wish to transit through this security zone shall
request permission from the Captain of the Port Detroit or his
designated representative. Requests must be made in advance and
approved by the Captain of Port before transits will be authorized.
Approvals may be granted on a case by case basis. The Captain of the
Port may be contacted via U.S. Coast Guard Sector Detroit on channel
16, VHF-FM. The Coast Guard will give notice to the public via Local
Notice to Mariners and VHF radio broadcasts that the regulation is in
effect and when enforced.
    This document is issued under authority of 33 CFR 165.915 and 5
U.S.C. 552(a). If the Captain of the Port determines that this security
zone need not be enforced for the full duration stated in this
document; he may suspend such enforcement and notify the public of the
suspension via a Broadcast Notice to Mariners.

    Dated: November 27, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-26149 Filed 11-30-18; 8:45 am]
BILLING CODE 9110-04-P