[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48311-48314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19214]
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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; Regattas and Marine Parades in the
Captain of the Port Lake Michigan Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending special local regulations for
annual regattas and marine parades in 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 regattas or marine parades. 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 final rule is effective September 9, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0327. To view 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact MST1 Joseph McCollum, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at (414) 747-7148 or by email at
[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
TFR Temporary Final Rule
A. 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 an Final Rule on September 27, 2007 (72
FR 54832).
On June 14, 2013, in an effort to provide the public with the most
accurate and up-to-date information regarding these same events, the
Coast Guard published an NPRM entitled Regattas and Marine Parades in
the COTP Lake Michigan Zone in the Federal Register (78 FR 35783). We
did not receive any comments in response to the proposed rule. No
public meeting was requested and none was held.
B. Basis and Purpose
This 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 rule will establish restrictions upon,
and control the movement of, vessels in a specified area of the Captain
of the Port Lake Michigan zone.
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 water 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.
The authority for this regulation is 33 U.S.C. 1233.
C. Discussion of Comments, Changes, and the Final Rule
The Coast Guard received no comments on this rule. No changes have
been made.
This rule will remove 1 event and amend 5 annual marine events
listed in 33 CFR Part 100. This 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 a 2013 application showing a date that is different from what
is currently codified within the CFR. For that reason the Coast Guard
will 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 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 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
[[Page 48312]]
annually. For that reason, the Coast Guard will amend 33 CFR 100.905 to
reflect an updated effective date for this event. Likewise, this rule
will amend the location and size of the regulated area for this event.
This rule will 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 will 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.
This rule will add the Menomonee River to the ``Regulated Area''
section, as well as update the effective date to the third Saturday of
September; from 8 a.m. to 4 p.m.
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
will 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.
The Captain of the Port, Lake Michigan will notify the public of
the enforcement of the special local regulations in this rule 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 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 notice via a Broadcast
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 and 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 are 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
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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 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 rule will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of these regulated areas, we would issue local Broadcast
Notice to Mariners so vessel owners and operators can plan accordingly.
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 so that they can better evaluate
its effects on them and participate in the rulemaking process. If this
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 FOR FURTHER
INFORMATION CONTACT section above.
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.
4. Collection of Information
This rule will not call for a 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
[[Page 48313]]
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 will 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 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.
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
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.
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 action 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 regulated areas
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.
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. 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 in 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.
Sec. 100.904 [Removed]
0
3. Remove Sec. 100.904 Celebrate Americafest, Green Bay, WI.
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]00'52.6'' N, 087[deg]20'6.7'' 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 (Light list number 19000) within the
following coordinates: 43[deg]04' N, 086[deg]14'12'' W; then east to
43[deg]03'56'' N, 086[deg]14'4'' W; then south to 43[deg]03'45'' N,
086[deg]14'10'' W; then west to 43[deg]03'48'' N, 086[deg]14'17'' W;
then back to the point of origin (NAD 83).
(b) Special Local Regulations. The regulations in 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]01'54.9'' N,
087[deg]54'37.6'' W to the
[[Page 48314]]
East Pleasant St. Bridge at position 43[deg]03'5.7'' N,
087[deg]54'28.1'' W (NAD 83). All waters of the Menomonee River from
the North 25th St. Bridge at position 43[deg]01'57.4'' N,
087[deg]56'40.9'' W to the junction with the Milwaukee River (NAD 83).
(b) Special Local Regulations. The regulations in 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 a.m. to 4 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]51'28'' N,
087[deg]38'06'' W to the Amtrak Bridge at position 41[deg]51'20'' N,
087[deg]38'13'' W (NAD 83).
(b) Special Local Regulations. The regulations in 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.
Dated: July 26, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-19214 Filed 8-7-13; 8:45 am]
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