[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Proposed Rules]
[Pages 35783-35787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14116]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0327]
RIN 1625-AA08
Regattas and Marine Parades in the COTP Lake Michigan Zone
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 Lake
Michigan Zone. This proposed rule is intended to provide for the safety
of life and property on 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
in a portion of the Captain of the Port Lake Michigan Zone.
DATES: Comments and related material must be received by the Coast
Guard on or before July 15, 2013.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-0327 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) 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.
(4) Hand Delivery: Same as mail address above, 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 four 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, call or email MST1 Joseph McCollum, Prevention Department, Coast
Guard, Sector Lake Michigan, Milwaukee, WI, telephone (414) 747-7148,
email [email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
CFR Code of Federal Regulations
A. 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.
[[Page 35784]]
1. 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
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 the comment is successfully
transmitted. If you fax, hand deliver, or mail your comment, it will be
considered received by the Coast Guard when the comment 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 (USCG-2013-0327) in the ``SEARCH'' box and click
``SEARCH.''
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.
2. 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 (USCG-2013-0327) 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.
3. 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).
4. 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.
B. Regulatory History and Information
On April 6, 2007, the Coast Guard published an NPRM for the events
that are listed within this regulation and made them available for
public comment (72 FR 17062). No comments were received. The Coast
Guard followed this NPRM with a final rule on September 27, 2007.
C. Basis and Purpose
This proposed rule will remove 1 marine event and amend 5 annual
marine events listed in 33 CFR 100. This proposed rule will amend 33
CFR Part 100 by making updates within the following sections:
33 CFR 100.903, Harborfest Dragon Boat Race; South Haven, MI. The
Harborfest Dragon Boat Race is an annual event involving an estimated
250 participants maneuvering self-propelled vessels within a portion of
the Black River in South Haven, MI. The organizer for this event
submitted an application showing a date that is different from what is
currently codified within the CFR. For that reason the Coast Guard
proposes to amend 33 CFR 100.903 to reflect an updated effective date
for this event of Saturday and Sunday of the 4th weekend of June, from
6 a.m. until 7 p.m.
33 CFR 100.904; Celebrate Americafest; Green Bay, WI. This event
will be removed by this proposed rule because it has been codified
within 33 CFR 165.929 Safety Zones; Annual events requiring safety
zones in the Captain of the Port Lake Michigan zone. The Coast Guard
determined from past experience with this event that a safety zone best
addresses the safety hazards associated with this event.
33 CFR 100.905; Door County Triathlon; Door County, WI. The swim
portion of the Door County Triathlon is expected to involve thousands
of participants in the waters of Horseshoe Bay--a portion of Green Bay.
As this event is currently listed, the effective date expired on July
23 and 24, 2011. The Coast Guard has spoken with the event organizer
and confirmed that this Triathlon is expected to reoccur annually. For
that reason, the Coast Guard proposes to amend 33 CFR 100.905 to
reflect an updated effective date for this event. Likewise, this rule
proposes to amend the location and size of the regulated area for this
event. This rule proposes to shrink the size of the regulated area by
1000 yards and move the regulated area into the waters of Horseshoe
Bay, some 600 yards southeast of its currently-listed location.
33 CFR 100.906; Grand Haven Coast Guard Festival Waterski Show;
Grand Haven, MI. This rule proposes to amend the effective date of this
event so that, should the date change, the Coast Guard will give notice
to the public of the effective date by Notice of Enforcement.
33 CFR 100.907; Milwaukee River Challenge; Milwaukee, WI.
The Milwaukee River Challenge is a rowing competition involving 40'
and 60' rowing shells. The event is expected to involve hundreds of
participants and spectators. The event organizer for the Milwaukee
River Challenge informed the Coast Guard that the Milwaukee River
Challenge Race will take place at an earlier time than is currently
listed in 33 CFR 100.907. The event organizer further informed the
Coast Guard that the rowing shells involved in the Milwaukee River
Challenge will race along a portion of the Menomonee River as well as
the Milwaukee River. As it is currently listed in 33 CFR 100.907, only
the Milwaukee River is named within the ``Regulated Area'' section.
33 CFR 100.909; Chinatown Chamber of Commerce Dragon Boat Race;
Chicago, IL. The Chinatown Chamber of Commerce Dragon Boat Race is an
annual event involving an estimated 1000 participants maneuvering self-
propelled vessels within a portion of the Chicago River in Chicago, IL.
The organizer for this event submitted an application showing a date
that is different from what is currently codified within the CFR, and
is expected to differ in the future. For that reason the Coast Guard
proposes to amend 33 CFR 100.909 to reflect an updated effective date
for this event of the second Friday and Saturday of July from 11:30
a.m. to 5 p.m.
For each of these events, the Captain of the Port, Lake Michigan,
has determined that the likely combination of a race involving a large
number of competitors, spectators, and transiting commercial craft in a
congested area of water presents significant safety risks. These risks
include collisions among
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competitor and spectator vessels, injury to swimmers from transiting
water craft, capsizing, and drowning.
D. Discussion of Proposed Rule
This proposed rule is intended to ensure safety of life and
property 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 in a
specified area of the Captain of the Port Lake Michigan zone.
The Captain of the Port, Lake Michigan will notify the public of
the enforcement of the special local regulations in this proposal by
all appropriate means. Such means of notification will include, but are
not limited to, Broadcast Notice to Mariners and Local Notice to
Mariners. The events within this proposed rule are expected to occur on
certain dates each year. Because these dates are subject to change, the
Coast Guard will provide notice of any change in date via a Notice of
Enforcement. Additionally, the Coast Guard will also provide a notice
via a Broadcast Notice to Mariners.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
1. 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. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
We conclude that this proposed rule is not a significant regulatory
action 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. The special local regulations
established by this proposed rule will be periodic, of short duration,
and designed to minimize impact on navigable waters. Thus, restrictions
on vessel movement are expected to be minimal. Under certain
conditions, moreover, vessels may still transit through the proposed
regulated areas when permitted by the Captain of the Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule would affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit or anchor in affected waters within the Lake
Michigan Zone on the days in which these special local regulations are
enforced.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the reasons discussed in the
Regulatory Planning and Review section above.
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.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed 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, above. 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.
4. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. 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.
6. 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 would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
7. Taking of Private Property
This proposed rule would 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.
8. 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.
9. Protection of Children From Environmental Health Risks
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
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
10. Indian Tribal Governments
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
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power and responsibilities between the Federal Government and Indian
tribes.
11. 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.
12. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
13. 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), and have
made a determination 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 the establishment of special
local regulations issued in conjunction with a regatta or marine
parade, and, therefore it is categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are 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
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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Revise Sec. 100.903 to read as follows:
Sec. 100.903 Harborfest Dragon Boat Race; South Haven, MI.
(a) Regulated Area. A regulated area is established on the Black
River in South Haven, MI within the following coordinates starting at
42[deg]24'13.6'' N, 086[deg]16'41'' W; then southeast 42[deg]24'12.6''
N, 086[deg]16'40'' W; then northeast to 42[deg]24'19.2'' N,
086[deg]16'26.5'' W; then northwest to 42[deg]24'20.22'' N,
086[deg]16'27.4'' W; then back to 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. These regulations are effective annually on the
Saturday and Sunday of the 4th weekend of June, from 6 a.m. until 7
p.m. The time and date for this event are subject to change. In the
event of a schedule change, the Coast Guard will issue a Notice of
Enforcement with the exact date and time that this regulated area will
be enforced.
0
3. Remove and reserve Sec. 100.904
0
4. Revise Sec. 100.905 to read as follows:
Sec. 100.905 Door County Triathlon; Door County, WI.
(a) Regulated Area. A regulated area is established to include all
waters of Horseshoe Bay within a 1000-yard radius from a position at
45[deg]00[min]52.6[sec] N, 087[deg]20[min]6.7[sec] 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. These regulations are effective annually on the
Saturday and Sunday of the third weekend of July; from 7 a.m. to 10
a.m. The time and date for this event are subject to change. In the
event of a schedule change, the Coast Guard will issue a Notice of
Enforcement with the exact date and time that this regulated area will
be enforced.
0
5. Revise Sec. 100.906 to read as follows:
Sec. 100.906 Grand Haven Coast Guard Festival Waterski Show, Grand
Haven, MI.
(a) Regulated Area. All waters of the Grand River at Waterfront
Stadium from approximately 350 yards upriver to 150 yards downriver of
Grand River Lighted Buoy 3A (Lightlist number 19000) within the
following coordinates: 43[deg]04[min] N, 086[deg]14[min]12[sec] W; then
east to 43[deg]03[min]56[sec] N, 086[deg]14[min]4[sec] W; then south to
43[deg]03[min]45[sec] N, 086[deg]14[min]10[sec] W; then west to
43[deg]03[min]48[sec] N, 086[deg]14[min]17[sec] W; then back to 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. These regulations are effective annually the
Tuesday before the first Saturday in August; 7 p.m. to 9 p.m. The time
and date for this event are subject to change. In the event of a
schedule change, the Coast Guard will issue a Notice of Enforcement
with the exact date and time that this regulated area will be enforced.
0
6. Revise Sec. 100.907 to read as follows:
Sec. 100.907 Milwaukee River Challenge; Milwaukee, WI.
(a) Regulated Area. All waters of the Milwaukee River from the
junction with the Menomonee River at position 43[deg]01[min]54.9[sec]
N, 087[deg]54[min]37.6[sec] W to the East Pleasant St. Bridge at
position 43[deg]03[min]5.7[sec] N, 087[deg]54[min]28.1[sec] W (NAD 83).
All waters of the Menomonee River from the North 25th St. Bridge at
position 43[deg]01[min]57.4[sec] N, 087[deg]56[min]40.9[sec] W to the
junction with the Milwaukee River (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. These regulations are effective annually on the
third Saturday of September; from 8:00 a.m. to 4:00 p.m. The time and
date for this event are subject to change. In the event of a schedule
change, the Coast Guard will issue a Notice of Enforcement with the
exact date and time that this regulated area will be enforced.
0
7. Revise Sec. 100.909 to read as follows:
Sec. 100.909 Chinatown Chamber of Commerce Dragon Boat Race; Chicago,
IL.
(a) Regulated Area. All waters of the South Branch of the Chicago
River from the West 18th Street Bridge at position
41[deg]51[min]28[sec] N, 087[deg]38[min]06[sec] W to the Amtrak Bridge
at position 41[deg]51[min]20[sec] N, 087[deg]38[min]13[sec] 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. These regulations are effective annually on the
second Friday and Saturday of July from 11:30 a.m. to 5 p.m. The time
and date for this event are subject to change. In the event of a
schedule change, the Coast Guard will issue a Notice of Enforcement
with the exact date and time that this regulated area will be enforced.
[[Page 35787]]
Dated: May 24, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-14116 Filed 6-13-13; 8:45 am]
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