[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Proposed Rules]
[Pages 28538-28541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11679]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0403]
RIN 1625-AA08
Special Local Regulations; Annual Bayview Mackinac Race
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent Special Local
Regulations to provide for the safe control of vessel movement during
the start of the Annual Bayview Mackinac Race, commonly known as the
Port Huron to Mackinac Sail Race. This action is necessary to provide
for the safety of the general boating public and commercial shipping
during the start of the race.
DATES: Comments and related materials must be received by the Coast
Guard no later than June 14, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0403 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, email or call Frank Jennings, Jr., Auxiliary and Boating Safety
Branch, Ninth Coast Guard District, 1240 East 9th Street, Cleveland,
OH, via email at: [email protected] or by phone at: (216) 902-
6094. If you have questions on viewing the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
If you submit your comments by mail or hand 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 comments 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 and may change the rule
based on your comments.
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,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please, explain why you believe a public meeting 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
The Port Huron to Mackinac sail race (currently titled the ``Bell's
Beer Bayview Mackinac Race'') is an annual regatta that has taken place
since 1925. The race occurs in July of each year with a starting point
in Port Huron, MI. It is typical for more than 200 sailboats
[[Page 28539]]
to take part in this annual event. The Coast Guard's Ninth District
Commander has determined that the high concentration of participants
and spectators at the race's starting point poses extra and unusual
hazards to the boating public. The likely combination of recreational
vessels and sailing vessels gathered together in high concentrations
within a congested area known to have fast currents could lead to
serious boating injuries or fatalities.
Discussion of Rule
In light of the extra and unusual hazards likely to occur at the
starting point of the Port Huron to Mackinac sail race, the Coast Guard
proposes to establish permanent Special Local Regulations. These
Special Local Regulations will be enforced in July of each year, and
the exact times and dates of enforcement will be published in the
Federal Register annually via a Notice of Enforcement. This proposed
Special Local Regulation will apply to the starting area of the race in
the vicinity of Port Huron, MI. Specifically, this proposed regulated
area will include all U.S. navigable waters of the Black River, St.
Clair River and lower Lake Huron starting at: Latitude 042[deg]58'47''
N, longitude 082[deg]26'0'' W; then easterly to latitude
042[deg]58'24'' N, longitude 082[deg]24'47'' W; then northward along
the International Boundary to latitude 043[deg]2'48'' N, longitude
082[deg]23'47'' W; then westerly to the shoreline at approximate
location latitude 043[deg]2'48'' N, longitude 082[deg]26'48'' W; then
southward along the U.S. shoreline to latitude 042[deg]58'54'' N,
longitude 082[deg]26'1'' W; then back to the beginning [DATUM: NAD 83].
In order to ensure the safety of spectators and those vessels
participating in the race, the Coast Guard will patrol the regulated
area under the direction of a designated Coast Guard Patrol Commander
(PATCOM). Vessels desiring to transit the regulated area may do so but
only with prior approval of the PATCOM and only when so directed by
that individual. The PATCOM may be contacted on Channel 16 (156.8 MHZ)
by the call sign ``Coast Guard Patrol Commander.'' Vessels allowed
within the regulated area will be operated at a no wake speed and in a
manner that will not endanger participants in the event or any other
craft. These proposed Special Local Regulations shall not apply to
vessels participating in the event or government vessels patrolling the
regulated area.
In the event these proposed Special Local Regulations affect
shipping, commercial vessels may request permission from the PATCOM to
transit the area of the event by hailing call sign ``Coast Guard Patrol
Commander'' on Channel 16 (156.8 MHZ).
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
This proposed rule is not ``significant'' under the regulatory
policies and procedures of the Department of Homeland Security (DHS)
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues.
This proposed rule will be enforced for only seven hours on a
single day in July. Also, the regulated area will be a relatively small
and only in effect at the race's starting point. Additionally, it is
expected that during the annual enforcement of these proposed Special
Local Regulations the majority of vessel traffic in the vicinity of the
regulated area will be recreational in nature. Furthermore, some vessel
traffic will be allowed to pass, albeit with caution and at a reduced
speed, through the regulated area with the permission of the Coast
Guard Patrol Commander. Finally, the Coast Guard expects that public
awareness of this event, along with the Coast Guard's regulation of it,
is particularly high. As mentioned above, this race has recurred
regularly since 1925, and the Coast Guard has regulated it for many
years with both permanent and temporary regulations. Despite the race's
long history, the Coast Guard still intends to issue maritime
advisories to current users of the affected waterways. On the whole,
local maritime interests are already well familiar with the effects of
this event and this proposed rulemaking.
Impact on 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 will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit or anchor in a portion of the Black River, St.
Clair River and lower Lake Huron during the month of July each year.
These proposed Special Local Regulations will not have a
significant economic impact on a substantial number of small entities
for the same reasons discussed in above Regulatory Planning and Review
section.
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 ADDRESSES) explaining why you think it qualifies and how and to
what degree this 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 process.
If this proposed rule would affect your small business, organization,
or governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please email or call Frank
Jennings, Jr., Auxiliary and Boating Safety Branch, Ninth Coast Guard
District, 1240 East 9th Street, Cleveland, OH, via email at:
[email protected] or by phone at: (216) 902-6094. 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 proposed rule calls for no new collection of information under
the
[[Page 28540]]
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 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 proposed rule under that Order and
determined that this rule does not have implications for federalism.
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.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
Taking of Private Property
This proposed rule will not affect 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 proposed rule will meet 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
will not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it will 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
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
Technical Standards
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 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). We have
concluded this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This proposed rule involves the establishment of Special
Local Regulations and is therefore categorically excluded under figure
2-1, paragraph (34)(h), of the Instruction. During the annual
permitting process for this event an environmental analysis will be
conducted to include the effects of these proposed Special Local
Regulations. Thus, no preliminary environmental analysis checklist or
Categorical Exclusion Determination (CED) are required for this
proposed rulemaking action. 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
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, 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:
Authority: 33 U.S.C. 1233.
2. Add Sec. 100.902 to read as follows:
Sec. 100.902 Special Local Regulations; Annual Bayview Mackinac Race.
(a) Regulated Area. These Special Local Regulations apply to all
U.S. navigable waters of the Black River, St. Clair River, and lower
Lake Huron, bound by a line starting at latitude 042[deg]58'47'' N,
longitude 082[deg]26'0'' W; then easterly to latitude 042[deg]58'24''
N, longitude 082[deg]24'47'' W; then northward along the International
Boundary to latitude 043[deg]2'48'' N, longitude 082[deg]23'47'' W;
then westerly to the shoreline at approximate location latitude
043[deg]2'48'' N, longitude 082[deg]26'48'' W; then southward along the
U.S. shoreline to latitude 042[deg]58'54'' N, longitude 082[deg]26'1''
W; then back to the beginning [DATUM: NAD 83].
(b) Enforcement period. These Special Local Regulations will be
enforced annually at the commencement of the Bayview Mackinac Race. The
enforcement period will last approximately seven hours on a single day
each July. The Coast Guard will notify the public of the exact
enforcement date and times via a Notice of Enforcement published in the
Federal Register. Also, the Coast Guard may use marine broadcasts,
local notice to mariners, local news media, on-scene oral notice, and
broadcasts on VHF-FM marine radio Channel 16 (156.8 MHZ) to notify the
public of the exact dates and times of enforcement.
(c) Special Local Regulations.
(1) No vessel may enter the regulated area established in paragraph
(a) without prior approval from the Coast Guard's designated Patrol
Commander (PATCOM). The PATCOM may restrict vessel operation within the
regulated area to vessels having particular operating characteristics.
(2) Vessels permitted to enter this regulated area must operate at
a no wake speed and in a manner that will not endanger race
participants or any other craft.
(3) The PATCOM may direct the anchoring, mooring, or movement of
any vessel within this regulated area. A succession of sharp, short
signals by whistle or horn from vessels patrolling the area under the
direction of the PATCOM shall serve as a signal to stop. Vessels so
signaled shall stop and shall comply with the orders of the PATCOM.
Failure to do so may result in expulsion
[[Page 28541]]
from the area, a Notice of Violation for failure to comply, or both.
(4) If it is deemed necessary for the protection of life and
property, the PATCOM may terminate at any time the marine event or the
operation of any vessel within the regulated area.
(5) In accordance with the general regulations in section 100.35 of
this part, the Coast Guard will patrol the regatta area under the
direction of a designated Coast Guard Patrol Commander (PATCOM). The
PATCOM may be contacted on Channel 16 (156.8 MHz) by the call sign
``Coast Guard Patrol Commander.''
(6) The rules in this section shall not apply to vessels
participating in the event or to government vessels patrolling the
regulated area in the performance of their assigned duties.
Dated: May 4, 2012.
J.R. Bingaman,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. 2012-11679 Filed 5-14-12; 8:45 am]
BILLING CODE 9110-04-P