[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Rules and Regulations]
[Page 45612-45615]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au08-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0763]
RIN 1625-AA00
Special Local Regulation; Chris Craft Silver Cup Regatta, St.
Clair River, Algonac, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for an area on the St. Clair River, Algonac, Michigan. This
temporary special local regulation is intended to restrict vessels from
a portion of the St. Clair River during the Chris Craft Silver Cup
Regatta. This temporary special local regulation is necessary to
protect spectators and vessels from the hazards associated with boat
race operations.
DATES: This rule is effective from 9 a.m. on August 8, 2008 until 8
p.m. on August 10, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0763 and are available online
at http://www.regulations.gov.
They are also available for inspection or copying at two locations:
The Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays, and at U.S. Coast Guard
Sector Detroit, 110 Mt. Elliot Ave., Detroit, MI 48207 between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call CDR Joseph Snowden, Prevention, U.S. Coast Guard
Sector
[[Page 45613]]
Detroit, 110 Mount Elliot Ave., Detroit, MI 48207; 313-568-9580. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 it would be impracticable and
contrary to the public interest since immediate action is needed to
ensure the safety of spectators and vessels during this event. The
necessary information to determine whether the marine event poses a
threat to persons and vessels was not provided with sufficient time to
publish an NPRM. Boat racing in close proximity to watercraft poses
significant risk to public safety and property. The likely combination
of large numbers of recreation vessels, congested waterways, and high
speeds could easily result in serious injuries or fatalities, which
makes a special local regulation necessary to safeguard spectators and
vessels. For the safety concerns noted, it is in the public interest to
have these regulations in effect during the event.
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 this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event, and immediate action is necessary to
prevent possible loss of life and property.
Background and Purpose
This temporary special local regulation is necessary to ensure the
safety of waterways users and event participants from hazards
associated with waterways racing. Based on accidents that have occurred
in other Captain of the Port zones, and the hazards of high-speed
racing, the Captain of the Port Detroit has determined boat racing in
close proximity to watercraft poses significant risk to public safety
and property. The likely combination of large numbers of recreation
vessels, congested waterways, and high speeds could easily result in
serious injuries or fatalities. This special local regulation
temporarily establishes a regulated area to control vessel movement
around the location of the raceway and will help ensure the safety of
persons and property at these events and help minimize the associated
risks.
Discussion of Rule
A temporary regulated area is necessary to ensure the safety of
spectators and vessels during the setup and execution of a boat race in
conjunction with the Chris Craft Silver Cup Regatta. The boat races
will occur from 9 a.m. until 5 p.m. on August 8, 2008, from 9 a.m.
until 8 p.m. on August 9, 2008, and from 9 a.m. until 8 p.m. on August
10, 2008.
The regulated area will encompass all waters of the St. Clair
River, North Channel, Algonac, Michigan, bounded on the south by a line
starting north of Grande Point Cut on Russel Island at position
42[deg]36.3[min] N; 082[deg]32.5[min] W extending across the channel to
Algonac to a point at position 42[deg]36.5[min] N; 082[deg]32.6[min] W,
following north along the Algonac shoreline to a point at position
42[deg]37.4[min] N; 082[deg]31.4[min] W, extending southeast to buoy Y
``17'' at position 42[deg]37.3[min] N; 082[deg]31.1[min] W, extending
southwest to a point on the northern end of Russel Island at position
42[deg]37.0[min] N; 082[deg]31.4[min] W, continuing southwest along the
Russel Island shoreline to the point of origin. All geographic
coordinates are North American Datum of 1983 (NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transiting, or anchoring within the
regulated area is prohibited unless authorized by the Captain of the
Port Detroit or his designated on-scene representative. The Captain of
the Port or his designated on-scene representative may be contacted via
VHF Channel 16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
This determination is based on the minimal time that vessels will
be restricted from the area and the Coast Guard expects insignificant
adverse impact to mariners from the special local regulation's
activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the St. Clair River near Algonac, MI
between 9 a.m. on August 8, 2008 and 8 p.m. on August 10, 2008.
This regulated area will not have a significant economic impact on
a substantial number of small entities because this rule will only be
in effect for three days. Additionally, in the event that this
temporary regulated area affects shipping, commercial vessels may
request permission from the Captain of the Port Detroit to transit
through the area. The Coast Guard will give notice to the public via a
Broadcast Notice to Mariners that the regulation is in effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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
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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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction, from further environmental
documentation. This event establishes a regulated area for a marine
event, therefore paragraph (34)(h) of the Instruction applies.
A final environmental analysis checklist and a final categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. A new temporary Sec. 100.T09-0763 is added to read as follows:
Sec. 100.T09-0763 Special Local Regulation; Chris Craft Silver Cup
Regata, St. Clair River, Algonac, MI.
(a) Location. The following area is a temporary regulated area: All
waters of the St. Clair River, North Channel, Algonac, Michigan,
bounded on the south by a line starting north of Grande Point Cut on
Russel Island at position 42[deg]36.3' N; 082[deg]32.5' W extending
across the channel to Algonac to a point at position 42[deg]36.5' N;
082[deg]32.6' W, following north along the Algonac shoreline to a point
at position 42[deg]37.4' N; 082[deg]31.4' W, extending southeast to
buoy Y ``17'' at position 42[deg]37.3' N; 082[deg]31.1' W, extending
southwest to a point on the northern end of Russel Island at position
42[deg]37.0' N; 082[deg]31.4' W, continuing southwest along the Russel
Island shoreline to the point of origin. All geographic coordinates are
North American Datum of 1983 (NAD 83).
(b) Enforcement Time and Date. This regulation will be enforced on
August 8, 2008, from 9 a.m. until 5 p.m., on August 9, 2008 from 9 a.m.
until 8 p.m., and on August 10, 2008 from 9 a.m. to 8 p.m.
(c) Regulations. (1) In accordance with the general regulations in
section 100.901 of this part, entry into, transiting, or anchoring
within this regulated area is prohibited unless authorized by the
Captain of the Port Detroit, or his designated on-scene representative.
(2) This regulated area is closed to all vessel traffic, except as
may be permitted by the Captain of the Port
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Detroit or his designated on-scene representative.
(3) Definition. The on-scene representative of the Captain of the
Port is any Coast Guard commissioned, warrant, or petty officer who has
been designated by the Captain of the Port to act on his behalf. The
on-scene representative of the Captain of the Port will be aboard
either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of
the Port or his designated on-scene representative may be contacted via
VHF Channel 16.
(4) Vessel operators desiring to enter or operate within the
regulated area shall contact the Captain of the Port Detroit or his on-
scene representative to obtain permission to do so. 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 or his on-
scene representative.
Dated: July 23, 2008.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E8-18080 Filed 8-5-08; 8:45 am]
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