[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Proposed Rules]
[Pages 22303-22307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8864]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2008-0220]
RIN 1625-AA08
Regattas and Marine Parades; Great Lakes Annual Marine Events
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend special local regulations
for annual regattas and marine parades in the Captain of the Port
Detroit zone. This proposed rule is intended to ensure safety of life
on the navigable waters immediately prior to, during, and immediately
after regattas or marine parades. This proposed rule will establish
restrictions upon, and control movement of, vessels in a specified area
immediately prior to, during, and immediately after regattas or marine
parades.
DATES: Comments and related materials must reach the Coast Guard on or
before May 27, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0220 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: LT Jeff Ahlgren, Waterways Management,
U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave., Detroit, MI
48207; (313) 568-9580.
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://
[[Page 22304]]
www.regulations.gov and will include any personal information you have
provided. We have an agreement with the Department of Transportation
(DOT) to use the Docket Management Facility. Please see DOT's ``Privacy
Act'' paragraph below.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0220), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
document to ensure that you can be identified as the submitter. This
also allows us to contact you in the event further information is
needed or if there are questions. For example, if we cannot read your
submission due to technical difficulties and you cannot be contacted;
your submission may not be considered. You may submit your comments and
material by electronic means, mail, fax, or delivery to the Docket
Management Facility at the address under ADDRESSES; but please submit
your comments and material by only one means. If you submit them by
mail or delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you
submit them by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time, click on ``Search for Dockets,'' Enter the docket number for
this rulemaking (USCG-2008-0220) in the Search box, and click ``Go>>''.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the DOT West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
C. Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
SUPPLEMENTARY INFORMATION:
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Coast Guard Sector
Detroit at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
This proposed rule will remove the specific entries from table 1
found in 33 CFR 100.901, Great Lakes annual marine events that apply to
regattas and marine parades in the Captain of the Port Detroit zone and
list each regatta or marine parade as a subpart. This proposed rule
will also add several regattas and marine parades not previously listed
in 33 CFR part 100 and remove several events that no longer occur
annually or are not regattas or marine parades.
Discussion of Proposed Rule
This proposed rule is intended to ensure safety of life on the
navigable waters immediately prior to, during, and immediately after
regattas or marine parades. This proposed rule will establish
restrictions upon and control the movement of vessels through a
specified area immediately prior to, during, and immediately after
regattas or marine parades.
The Captain of the Port Detroit will cause notice of enforcement of
the special local regulations established by this section to be made by
all appropriate means to the affected segments of the public. Such
means of notification will include, but is not limited to, Broadcast
Notice to Mariners and Local Notice to Mariners. The Captain of the
Port Detroit will issue a Broadcast Notice to Mariners notifying the
public when enforcement of the special local regulations is terminated.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
The Coast Guard's use of these special local regulations will be
periodic in nature, of short duration, and designed to minimize the
impact on navigable waters. These special local regulations will only
be enforced immediately before and during the time the marine events
are occurring. Furthermore, these special local regulations have been
designed to allow vessels to transit unrestricted to portions of the
waterways not affected by the special local regulations. The Coast
Guard expects insignificant adverse impact to mariners from the
activation of these special local regulations.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners of operators of vessels
intending to transit or anchor in the areas designated as special local
regulations in paragraphs (4) through (13) during the dates and times
the special local regulations are being enforced.
These special local regulations would not have a significant
economic impact on a substantial number of small entities for the
following reasons. The special local regulations in this proposed rule
would be in effect for short periods of time, and only once per year.
The special local regulations have been designed to allow traffic to
pass safely around the zone whenever possible and vessels will be
allowed to pass through the zones with the permission of the Captain of
the Port.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see
[[Page 22305]]
ADDRESSES) explaining why you think it qualifies and how and to what
degree this proposed rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Jeff Ahlgren,
Waterways Management, U.S. Coast Guard Sector Detroit, 110 Mount Elliot
Ave., Detroit, MI 48207; (313) 568-9580. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed rule will not result in such
expenditure, we nevertheless discuss its effects elsewhere in this
preamble.
Taking of Private Property
This proposed rule will not affect the 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these safety zones and fishing rights
protection need not be incompatible. We have also determined that this
proposed 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. Nevertheless, Indian
Tribes that have questions concerning the provisions of this proposed
rule or options for compliance are encouraged to contact the point of
contact listed under FOR FURTHER INFORMATION CONTACT.
Energy Effects
We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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: 33 U.S.C. 1233.
Sec. 100.901 [Amended]
2. Amend Sec. 100.901 Table 1 as follows:
a. Under the heading ``Group Detroit, MI'' remove the entries: Bay
City Fireworks Display, Detroit APBA Gold Cup Race, Buick Watersports
Weekend, Cleveland National Air Show, International Bay City River
Roar, International Freedom Festival Fireworks, International Freedom
Festival Tug Across the River, Parade of
[[Page 22306]]
Lights, Port Clinton Offshore Grand Prix, Port Huron to Mackinac Island
Race, Thunder on the River Hydroplane Race, Toledo 4th of July
Fireworks, and Toledo Labor Day Fireworks;
b. Remove the heading ``Group Detroit, MI''.
Sec. 100.902 [Removed and Reserved]
3. Remove and reserve Sec. 100.902.
4. Add Sec. 100.911 to read as follows:
Sec. 100.911 Bay City Airshow, Bay City, MI.
(a) Regulated Area. A regulated area is established to include all
waters of the Saginaw River bound on the south by a line extending from
a point of land on the western shore at position 43[deg]32.2' N;
083[deg]53.3' W, east to a point of land on the eastern shore located
at position 43[deg]32.2' N; 083[deg]53.2' W, and bounded on the north
by a line extending from a point of land on the western shore at
position 43[deg]33.4' N; 083[deg]54.5' W, east to a point of land on
the eastern shore located at position 43[deg]33.4' N; 083[deg]54.3' W.
(NAD 83). This area is south of Middle Ground Island near Clements
Municipal Airport.
(b) Special Local Regulations. The regulations of Sec. 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: Two days during the second week in August. The
exact dates and times for this event will be determined annually.
5. Add Sec. 100.912 to read as follows:
Sec. 100.912 Detroit Belle Isle Grand Prix, Detroit, MI.
(a) Regulated Area. A regulated area is established to include all
waters of the Detroit River near Belle Isle, bounded by a line
extending from a point of land on the southern shore of Belle Isle
located at position 42[deg]20'00'' N; 082[deg]59'45'' W, to 50 yards
offshore at position 42[deg]19'57''; 082[deg]59'43'', and continuing at
a distance of 50 yards around the western end of Belle Isle to the
Belle Isle Bridge, maintaining a constant distance of 50 yards from the
shoreline and terminating at position 42[deg]20'28''; 082[deg]59'43'';
on the northern side of Belle Isle, adjacent to a point on land at
position 42[deg]20'24'' N; 082[deg]59'48'' W (NAD 83). This area wraps
around the downstream end of Belle Isle.
(b) Special Local Regulations. The regulations of Sec. 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. The last weekend in August. The exact dates and
times for this event will be determined annually.
6. Add Sec. 100.913 to read as follows:
Sec. 100.913 ACORA Garwood Classic Offshore Race, Algonac, MI.
(a) Regulated Area. A regulated area is established to include all
waters of St. Clair River's North Channel, Algonac, Michigan, bounded
by a north/south line beginning at a point of land adjacent to Allen
Boats, Algonac, MI (position 42[deg]37'05'' N, 082[deg]33'34'' W)
extending to a point of land on Harsens Island (position 42[deg]36'49''
N, 082[deg]33'34'' W) extending east along the shoreline of Harsens
Island to north/south line beginning at position 42[deg]37'16'' N,
082[deg]31'11'' W (approx. 500 ft west of the Russell Island buoy)
extending north to a point at position 42[deg]37' 28'' N, 082[deg]31'
11'' W (approx. 300 ft offshore from the Russell Boat Club), then west
along the shoreline of Algonac, MI stopping at the point of origin.
(NAD 83).
(b) Special Local Regulations. The regulations of Sec. 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. The first weekend in August. The exact dates
and times for this event will be determined annually.
7. Add Sec. 100.914 to read as follows:
Sec. 100.914 Trenton Rotary Roar on the River, Trenton, MI.
(a) Regulated Area. A regulated area is established to include all
waters of the Detroit River, Trenton, Michigan, bounded by an east/west
line beginning at a point of land at the northern end of Elizabeth Park
in Trenton, MI, located at position 42[deg]8.2' N; 083[deg]10.6' W,
extending east to a point near the center of the Trenton Channel
located at position 42[deg]8.2' N; 083[deg]10.4' W, extending south
along a north/south line to a point at the Grosse Ile Parkway Bridge
located at position 42[deg]7.7' N; 083[deg]10.5' W, extending west
along a line bordering the Grosse Ile Parkway Bridge to a point on land
located at position 42[deg]7.7' N; 083[deg]10.7' W, and along the
shoreline to the point of origin. (NAD 83). This area is in the Trenton
Channel between Trenton and Grosse Isle, MI.
(b) Special Local Regulations. The regulations of Sec. 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. The third week in July. The exact dates and
times for this event will be determined annually.
8. Add Sec. 100.915 to read as follows:
Sec. 100.915 St. Clair River Classic Offshore Race, St. Clair, MI.
(a) Regulated Area. A regulated area is established to include all
waters of the St. Clair River, St. Clair, Michigan, bounded by latitude
42[deg]52'00'' N to the north; latitude 42[deg]49'00'' N to the south;
the shoreline of the St. Clair River on the west; and the international
boundary line on the east (NAD 83).
(b) Special Local Regulations. The regulations of Sec. 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. The last week in July. The exact dates and
times for this event will be determined annually.
9. Add Sec. 100.916 to read as follows:
Sec. 100.916 Chris Craft Silver Cup Races, Algonac, MI.
(a) Regulated Area. A regulated area is established to include all
waters of the St. Clair River, North Channel, Algonac, Michigan,
bounded on the north by a line starting at the northern end of Russel
Island at position 42[deg]37.0' N; 082[deg]31.4' W extending across the
channel to Algonac to a point at position 42[deg]37.4' N; 082[deg]31.5'
W, and 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. (NAD 83).
(b) Special Local Regulations. The regulations of Sec. 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. The third week in August. The exact dates and
times for this event will be determined annually.
10. Add Sec. 100.917 to read as follows:
Sec. 100.917 The Old Club Cannonade, Harsens Island, MI.
(a) Regulated Area. A regulated area is established to include all
waters of Lake St. Clair in an area bound by the coordinates starting
at the cannon firing position located at 42[deg]32.5' N; 082[deg]40.1'
W extending west to the Old Channel Light located at position
42[deg]32.5' N; 082[deg]41.6' W angling northeast to position
42[deg]33.5' N; 082[deg]40.6' W then angling southeast to the point of
origin creating a triangle shaped safety zone. (NAD 83). This area is
near the southern end of Harsens Island in Muscamoot Bay.
(b) Special Local Regulations. The regulations of Sec. 100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area
[[Page 22307]]
without the permission of the Coast Guard Patrol Commander.
(c) Effective Date. The third week in October. The exact dates and
times for this event will be determined annually.
11. Add Sec. 100.918 to read as follows:
Sec. 100.918 Detroit APBA Gold Cup, Detroit, MI.
(a) Regulated Area. A regulated area is established to include all
waters of the Detroit River, Belle Isle, Michigan, bound on the west by
the Belle Isle Bridge (position 42[deg]20'20'' N, 083[deg]00'00'' W to
42[deg]20'24'' N, 083[deg]59'45'' W), and on the east by a north-south
line drawn through Waterworks Intake Crib Light (Light List Number
8350; position 42[deg]21'06'' N, 082[deg]58'00'' W) (NAD 83).
(b) Special Local Regulations. The regulations of Sec. 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. The first or second week in June. The exact
dates and times for this event will be determined annually.
12. Add Sec. 100.919 to read as follows:
Sec. 100.919 International Bay City River Roar, Bay City, MI.
(a) Regulated Area. A regulated area is established to include all
waters of the Saginaw River bounded on the north by the Liberty Bridge,
located at 43[deg]36.3' N, 083[deg]53.4' W, and bounded on the south by
the Veterans Memorial Bridge, located at 43[deg]35.8' N, 083[deg]53.6'
W. (NAD 83).
(b) Special Local Regulations. The regulations of Sec. 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. The third or fourth week in June. The exact
dates and times for this event will be determined annually.
13. Add Sec. 100.920 to read as follows:
Sec. 100.920 Tug Across the River, Detroit, MI.
(a) Regulated Area. A regulated area is established to include all
waters of the Detroit River, Detroit, Michigan, bounded on the south by
the International boundary, on the west by 083[deg]03' W, on the east
by 083[deg]02' W, and on the north by the U.S. shoreline (DATUM: NAD
83). This position is located on the Detroit River in front of Hart
Plaza, Detroit, MI.
(b) Special Local Regulations. The regulations of Sec. 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. The third or fourth week in June. The exact
dates and times for this event will be determined annually.
Dated: April 4, 2008.
John E. Crowley, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. E8-8864 Filed 4-24-08; 8:45 am]
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