[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Rules and Regulations]
[Pages 32661-32663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13806]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0435]
RIN 1625-AA08
Special Local Regulation; Hydroplane Exhibition, Detroit River,
Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard will enforce a temporary special local
regulation on the Detroit River, Detroit, Michigan from June 18, 2010
to June 20, 2010. This special local regulation is intended to restrict
vessels from portions of the Detroit River during the Hydroplane
Exhibition. This special local regulation is necessary to protect
spectators and vessels from the hazards associated with powerboat
races.
DATES: This regulation is effective from 3 p.m. on June 18, 2010, to 5
p.m. on June 20, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0435 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0435 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail CDR Joseph Snowden, Prevention
Department, Sector Detroit, Coast Guard; telephone (313) 568-9508, e-
mail [email protected]. 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 the permit application for the
Hydroplane Exhibition event was not received by the Coast Guard in time
to publish an NPRM followed by a final rule before the effective date.
Delaying this rule would be contrary to the public interest of ensuring
the safety of vessels during the race, and immediate action is
necessary to prevent possible loss of life and property. The Coast
Guard has not received any complaints or negative comments previously
with regard to events of this type and duration.
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 vessels
during the construction, and immediate action is necessary to prevent
possible loss of life and property. The Coast Guard has not received
any complaints or negative comments previously with regard to events of
this type and duration.
Background and Purpose
This temporary special local regulation is necessary to ensure the
safety of vessels and spectators from hazards associated with a
powerboat race. The Captain of the Port Detroit has determined that
powerboat races in close proximity to watercraft and waterfront
structures pose a significant risk to public safety and property. The
likely combination of large numbers of recreational vessels, powerboats
traveling at high speeds, and large numbers of spectators in close
proximity to powerboats on the water pose a significant risk of serious
injuries or fatalities. Establishing a special local regulation around
the location of the race course will help ensure the safety of persons
and property at these events and help minimize the associated risks.
[[Page 32662]]
Discussion of Rule
This temporary special local regulation is necessary to ensure the
safety of spectators and vessels during the Hydroplane Exhibition
scheduled to take place during the Detroit River Days Festival. The
Hydroplane Exhibition will occur between 3 p.m. and 5 p.m. on a daily
basis on from June 18, 2010 to June 20, 2010. This regulation is
effective from 3 p.m. on June 18, 2010, to 5 p.m. on June 20, 2010 and
will be enforced daily between 3 p.m. to 5 p.m. during the effective
period.
The area of the special local regulation will encompass all waters
of the Detroit River, between Detroit, MI and Belle Isle, within an
area bound on the east by a by a point on land at position 42[deg]20.1'
N; 083[deg]1.1' W extending to the international border located at
position 42[deg]19.9' N; 083[deg]1.0' W and a line running along the
international border to position 42[deg]19.5' N; 083[deg]2.2' W and to
a point on land at position 42[deg]19.7' N; 083[deg]2.4' W. All
geographic coordinates are North American Datum of 1983 [NAD 83].
All persons and vessels shall comply with the instructions of the
Captain of the Port Sector Detroit or designated on scene patrol
personnel. Entry into, transiting, or anchoring within the special
local regulation 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This determination is based on the minimal time that vessels will
be restricted from the area of the special local regulation.
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 might
be small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the Detroit River near Detroit, MI
between 3 p.m. and 5 p.m. from June 18, 2010 to June 20, 2010.
This special local regulation will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This rule will only be in effect for 2 hours a day during the
effective dates that this rule will be enforced. 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 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not cause 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.
[[Page 32663]]
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 023-01 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 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 is categorically excluded, under figure 2-1,
paragraph (34)(h) of the Instruction, because it involves the
establishment of a special local regulation for a marine event in which
an environmental analysis was conducted as part of the permit process
for the marine event. An environmental analysis checklist and a
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--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. A new temporary Sec. 100.T09-0435 is added to read as follows:
Sec. 100.T09-0435 Special Local Regulation; Hydroplane Exhibition;
Detroit River; Detroit, MI.
(a) Location. The following is a temporary special local regulation
area: All waters of the Detroit River, between Detroit, MI. and Belle
Isle, within an area bound on the east by a point on land at position
42[deg]20.1' N.; 083[deg]01.1' W. extending to the international border
located at position 42[deg]19.9' N.; 083[deg]01.0' W. and a line
running along the international border to position 42[deg]19.5' N.;
083[deg]02.2' W. and to a point on land at position 42[deg]19.7' N.;
083[deg]02.4' W. (DATUM: NAD 83.)
(b) Effective Period. This regulation is effective from 3 p.m. on
June 18, 2010 to 5 p.m. on June 20, 2010. This regulation will be
enforced daily from 3 p.m. until 5 p.m. from June 18, 2010, to June 20,
2010.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 100.35 of
this part, entry into, and transiting or anchoring within this special
local regulation area is prohibited unless authorized by the Captain of
the Port Sector Detroit, or his designated on-scene representative.
(2) This special local regulation area is closed to all vessel
traffic, except as may be permitted by the Captain of the Port Detroit
or his designated on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Sector Detroit is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the Captain of the Port Sector
Detroit to act on his behalf. The on-scene representative of the
Captain of the Port Sector Detroit 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
special local regulation area shall contact the Captain of the Port
Sector Detroit or his on-scene representative to obtain permission to
do so. Vessel operators given permission to enter or operate in the
special local regulation area must comply with all directions given to
them by the Captain of the Port or his on-scene representative.
Dated: May 24, 2010.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Detroit.
[FR Doc. 2010-13806 Filed 6-8-10; 8:45 am]
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