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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