[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Rules and Regulations]
[Pages 36424-36426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14416]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0327]
RIN 1625-AA08
Special Local Regulations for Summer Events; Captain of the Port
Lake Michigan Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations for three summer events within the Captain of the Port Lake
Michigan Zone. This rule is intended to provide for the safety of life
and property on navigable waters immediately prior to, during, and
immediately after a triathlon and two dragon-boat races. This rule will
establish restrictions upon, and control the movement of, vessels in a
portion of the Captain of the Port Lake Michigan Zone.
DATES: This rule is effective on June 22, 2013 until July 21, 2013.
This rule will be enforced at various times on June 22 and 23; July 12
and 13; and July 20 and 21 of 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0327. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7148 or [email protected]. If
you have questions on viewing 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
TFR Temporary Final Rule
A. Regulatory History and 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 with
respect to this temporary rule because doing so would be impracticable
and contrary to the public interest. The final details for the three
events listed within this temporary rule were not known to the Coast
Guard until there was insufficient time remaining before the event to
publish an NPRM.
Because each of the events listed within this temporary rule are
codified within 33 CFR Part 100, the Coast Guard has taken steps to
complete an update of that part. The Coast Guard has written and
submitted an NPRM under the same docket number as this TFR; the NPRM
addresses changes to six events within 33 CFR part 100 so that the
public has opportunity to comment before a Final Rule is published.
This temporary rule has been written to address minor changes in three
of the events listed within 33 CFR part 100 that will take place in
June and July, 2013. Delaying the effective date of this temporary rule
to wait for a comment period to run would be both impracticable and
contrary to the public interest because it would inhibit the Coast
Guard's ability to protect spectators and vessels from the hazards
associated with the swim portion of a triathlon and two Dragon-boat
races, which are discussed further below.
Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish Special Local Regulations: 33 U.S.C. 1233.
This temporary rule will establish restrictions upon, and control
the movement of, vessels in a specified area immediately prior to,
during, and immediately after three marine events. The specifics of
these three events are as follows:
(1) 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 in 33 CFR 100.903. Therefore, this temporary rule will
establish a special local regulation for this event on the waters of
the Black River in South Haven, MI on June 22 and 23 from 6 a.m. until
7 p.m.
[[Page 36425]]
(2) 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 in 33 CFR 100.909.
Therefore, this temporary rule will establish a special local
regulation for this event on the waters of the Chicago River in
Chicago, IL on July 12 and 13 from 11:30 a.m. until 5 p.m.
(3) 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 within 33 CFR 100.905, the effective date expired
in 2011. The Coast Guard has spoken with the event organizer and
confirmed that this Triathlon is expected to occur this year.
Therefore, this temporary rule will establish a special regulated area
for this event on the waters of Horseshoe Bay near Egg Harbor,
Wisconsin on July 20 and 21 from 8 a.m. until 9:30 a.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 competitor and spectator vessels, injury to
swimmers from transiting water craft, capsizing, and drowning.
C. Discussion of Rule
This rule is intended to ensure safety of life and property on the
navigable waters immediately prior to, during, and immediately after a
triathlon and two dragon-boat races. This 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 when
the special local regulations in this temporary rule are or will be
enforced by all appropriate means. Such means of notification will
include, but are not limited to, Broadcast Notice to Mariners and Local
Notice to Mariners.
D. Regulatory Analyses
We developed this 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 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 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 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 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 rule will affect the
following entities, some of which might be small entities: the owners
or operators of vessels intending to transit or anchor in a portion of
Horseshoe Bay near Egg Harbor Wisconsin; the Black River in South Haven
Michigan; or the Chicago River in Chicago Illinois during the times
that this temporary rule is enforced in June and/or July of 2013.
This rule will 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 (Pub. L. 104-121), we want to assist small
entities in understanding this 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 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 rule under that Order and determined
that this rule does not have implications for federalism.
6. 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.
7. 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
[[Page 36426]]
would not result in such an expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. Taking of Private Property
This 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.
9. 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.
10. Protection of Children From Environmental Health Risks
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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. 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.
12. Energy Effects
This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
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 (CED) 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 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 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. Add Sec. 100.35T09-0327 to read as follows:
Sec. 100.35T09-0327 Special Regulated Areas for summer events;
Captain of the Port Lake Michigan Zone.
(a) Definition. The term ``Coast Guard Patrol Commander'' means a
Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port Lake Michigan to monitor a
regatta area, permit entry into the regatta area, give legally
enforceable orders to persons or vessels within the regatta area, and
take other actions authorized by the Captain of the Port.
(b) The following are designated as regulated areas:
(1) Harborfest Dragon Boat Race; South Haven, MI.
(i) Location. 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).
(ii) 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.
(iii) Effective Date. These regulations are effective on June 22
and 23, 2013 from 6 a.m. until 7 p.m.
(2) Chinatown Chamber of Commerce Dragon Boat Race; Chicago, IL.
(i) Location. All waters of the South Branch of the Chicago River
from the West 18th Street Bridge at position 41[deg]51'28'' N,
087[deg]38'06'' W to the Amtrak Bridge at position 41[deg]51'20'' N,
087[deg]38'13'' W. (NAD 83).
(ii) 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.
(iii) Effective Date. These regulations are effective on July 12
and 13, 2013 from 11:30 a.m. until 5 p.m.
(3) Door County Triathlon; Door County, WI.
(i) Location. A regulated area is established to include all waters
Horseshoe Bay within a 1000-yard radius from a position at
45[deg]00'52.6'' N, 087[deg]20'6.7'' W. (NAD 83).
(ii) 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.
(iii) Effective Date. These regulations are effective on July 20
and 21, 2013 from 8 a.m. until 9:30 a.m.
Dated: June 5, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-14416 Filed 6-17-13; 8:45 am]
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