Drawbridge operations: Lake Michigan Captain of Port zone marine events, 17062-17065 [E7-6425]
Agencies
[Federal Register: April 6, 2007 (Volume 72, Number 66)]
[Proposed Rules]
[Page 17062-17065]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap07-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2007-2737]
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 Lake
Michigan 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 the 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 June 5, 2007.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2007-2737 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Web Site: http://dms.dot.gov.
(2) Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
(3) Fax: 202-493-2251.
(4) Delivery: Room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(5) Federal eRulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7154. If you have questions on viewing or submitting material to
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-493-0402.
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://dms.dot.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.
Submitting comments: If you submit a comment, please include your
name and address, identify the docket number for this rulemaking (USCG-
2007-2737), indicate the specific section of this document to which
each comment applies, and give the reason for each comment. 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.
Viewing comments and documents: To view comments, as well as
documents mentioned in this preamble as being available in the docket,
go to http://dms.dot.gov at any time, click on ``Simple Search,'' enter
the last five digits of the docket number for this rulemaking, and
click on ``Search.'' You may also visit the Docket Management Facility
in room PL-401 on the Plaza level of the Nassif Building, 400 Seventh
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
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://dms.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 Lake
Michigan (SPW) 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 marines parades in the Captain of the Port Lake Michigan
zone and list each regatta or marine parade as a subpart. This proposed
rule will also add several
[[Page 17063]]
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 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 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 or operators of vessels
intending to transit or anchor in the areas designated as special local
regulations in paragraphs (3) through (8) 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 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. 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 CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7154. 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 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 an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule will not effect 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 special local regulations 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
[[Page 17064]]
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
encourage 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 there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe this proposed rule
should be categorically excluded, under figure 2-1, paragraph 34 (h) of
the Instruction from further environmental documentation. This proposed
rule establishes a special local regulation issued in conjunction with
a regatta or marine parade regulated and as such is covered by this
paragraph.
A preliminary ``Environmental Analysis Check List'' and a
preliminary ``Categorical Exclusion Determination'' are available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
proposed rule should be categorically excluded from further
environmental review.
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.
Sec. 100.901 [Amended]
2. Amend Sec. 100.901 Table 1 as follows:
a. Under entry for ``Group Sault Ste. Marie, MI'' remove the
entries: National Cherry Festival Blue Angels Air Demonstration and
Venetian Festival Yacht Parade;
b. remove the entry for ``Group Grand Haven, MI''; and
c. remove the entry ``Group Milwaukee, WI''.
3. Add 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 to include all
waters and adjacent shoreline of the Black River from approximately 250
yards upriver to 200 yards downriver of the entrance to the South Haven
Municipal Marina 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
third Saturday of June, from 7 a.m. until 7 p.m.
4. Add Sec. 100.904 to read as follows:
Sec. 100.904 Celebrate Americafest, Green Bay, WI.
(a) Regulated Area. A regulated area is established to include all
waters and adjacent shoreline of the Fox River located between the Main
Street Bridge located 1.58 miles above the mouth of the Fox River and
the Walnut Street Bridge located 1.81 miles above the mouth of the Fox
River.
(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
first weekend of July; 2 p.m. to 5 p.m.
5. Add 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 Green Bay within the arc of a circle with a 2,000-yard radius
from the northwestern point of Horseshoe Point near Frank E. Murphy
County Park with its center in position 45[deg]00'46'' N,
087[deg]20'30'' 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 July 22, 2007,
July 26 and 27, 2008, July 25 and 26, 2009, July 24 and 25, 2010, July
23 and 24, 2011; from 7 a.m. to 10 a.m.
6. Add 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 and adjacent shoreline 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' 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 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.
[[Page 17065]]
(c) Effective Date. These regulations are effective annually August
1st; 7 p.m. to 9 p.m.
7. Add 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 1.01 miles above the Milwaukee
Pierhead Light to the Humboldt Avenue Bridge at 3.22 miles above the
Milwaukee Pierhead Light.
(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 or fourth Saturday of September; from 9 a.m. to 5 p.m.
8. Add Sec. 100.908 to read as follows:
Sec. 100.908 Charlevoix Venetian Night Boat Parade; Charlevoix, MI.
(a) Regulated Area. All waters of Round Lake, Charlevoix, 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. These regulations are effective annually on the
fourth Saturday of July; from 9 p.m. to 11 p.m.
9. Add 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 18th Street Bridge 3.6 miles above the west end of the
Chicago Lock to the Amtrak Bridge 3.77 miles above the west end of the
Chicago Lock.
(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 Friday of July; from 11:30 a.m. to 5 p.m. and on the third
Saturday of July; from 9 a.m. to 5 p.m.
Dated: March 26, 2007.
John E. Crowley, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. E7-6425 Filed 4-5-07; 8:45 am]
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