Regattas and Marine Parades; Great Lake Annual Marine Events., 54832-54835 [E7-18933]
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Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Rules and Regulations
major Federal actions within the
meaning of section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4332(2)(C)).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations.
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Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) Does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
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17:45 Sep 26, 2007
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regulations did not impose an unfunded
mandate.
The Mississippi abandoned mine land
reclamation plan as submitted on April
5, 2006, and June 11, 2007, and as
revised is approved. Copies of the
approved plan are available at:
Office of Surface Mining Reclamation
and Enforcement, Birmingham Field
Office, 135 Gemini Circle, Suite 215,
Homewood, Alabama 35209
Mississippi Department of
Environmental Quality, Office of
Geology, 2380 Highway 80 West,
Jackson, Mississippi 39289–1307
during, and immediately after regattas
or marine parades.
DATES: This rule is effective October 29,
2007.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket USCG–2007–27373 and are
available for inspection or copying at
the Docket Management Facility at the
U.S. Department of Transportation:
(1) Web Site: https://dms.dot.gov.
(2) Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590.
(3) Fax: (202) 493–2251.
(4) Delivery: Room W12–140 on the
Ground Floor of the West Building,
1200 New Jersey Avenue SE.,
Washington, DC 20590, 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:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI; (414) 747–
7154. If you have questions on viewing
or submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, at (202) 366–9826.
SUPPLEMENTARY INFORMATION:
[FR Doc. E7–19147 Filed 9–26–07; 8:45 am]
Regulatory Information
BILLING CODE 4310–05–P
On April 6, 2007, we published a
notice of proposed rule making (NPRM)
entitled Regattas and Marine Parades;
Great Lake Annual Marine Events in the
Federal Register (72 FR 17062). We
received no letters commenting on the
proposed rule. No public meeting was
requested, and none was held.
List of Subjects in 30 CFR Part 924
Intergovernmental relations, Surface
mining, Underground mining.
Dated: September 18, 2007.
Brent Wahlquist,
Director, Office of Surface Mining
Reclamation and Enforcement.
For the reasons set out in the
preamble, 30 CFR part 924 is amended
as set forth below:
I
PART 924—MISSISSIPPI
1. The authority citation for part 924
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
2. Section 924.20 is revised to read as
follows:
I
§ 924.20 Approval of Mississippi
abandoned mine land reclamation plans.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
Background and Purpose
[USCG–2007–27373]
RIN 1625–AA08
Regattas and Marine Parades; Great
Lake Annual Marine Events.
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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 ensure safety of
life 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 immediately prior to,
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This 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 rule will also add several 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.
This rule is necessary to ensure the
safety of vessels and spectators from
hazards associated with regattas and
marine parades. Based on accidents that
have occurred in other Captain of the
Port zones, the Captain of the Port Lake
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Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Rules and Regulations
Michigan has determined that regattas
and marine parades pose a significant
risk to public safety and property. The
likely combination of large numbers of
recreation vessels, congested waterways,
and alcohol use could easily result in
serious injuries or fatalities. Restricting
and controlling vessel movement
around the regattas and marine parades
will help ensure the safety of persons
and property at these events, and help
minimize the associated risks.
Discussion of Comments and Changes
No comments were received regarding
this rule.
Regulatory Evaluation
This 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 this rule under
that Order.
The Coast Guard’s use of these special
local regulations will be periodic, of
short duration, and designed to
minimize the impact on navigable
waters. These special local regulations
will only be enforced immediately
before, during, and immediately after
the time the marine events occur.
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.
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Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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 rule would not
have a significant economic impact on
a substantial number of small entities.
This 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 in special local
regulations in this rule during the dates
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17:45 Sep 26, 2007
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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 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.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. 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.
Collection of Information
This 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 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
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54833
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a 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 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 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.
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 regulations and fishing rights
protection need not be incompatible.
We have also determined that 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.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this Rule or options for compliance are
encouraged to contact the point of
contact listed under FOR FURTHER
INFORMATION CONTACT.
Energy Effects
We have analyzed this 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
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Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Rules and Regulations
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
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded 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, this rule is categorically
excluded, under figure 2–1, paragraph
34 (h) of the Instruction from further
environmental documentation. This 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 final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
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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:
I
17:45 Sep 26, 2007
Jkt 211001
§ 100.905 Door County Triathlon; Door
County, WI.
2. Amend § 100.901 Table 1 as
follows:
I a. Under entry for ‘‘Sector Sault Ste.
Marie, MI’’ remove the entries: National
Cherry Festival Blue Angels Air
Demonstration and Venetian Festival
Yacht Parade;
I b. Remove the entry for ‘‘Field Office
Grand Haven, MI’’; and
I c. Remove the entry ‘‘Group Sector
Lake Michigan, WI’’.
I 3. Add § 100.903 to read as follows:
(a) Regulated Area. A regulated area is
established to include all waters of
Green Bay within a 2000-yard radius
from the northwestern point of
Horseshoe Point near Frank E. Murphy
County Park in position 45°00′46″ N,
087°20′30″ W. (DATUM: NAD 83).
(b) Special Local Regulations. The
regulations of § 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.
I 6. Add § 100.906 to read as follows:
§ 100.903 Harborfest Dragon Boat Race;
South Haven, MI.
§ 100.906 Grand Haven Coast Guard
Festival Waterski Show, Grand Haven, MI.
(a) Regulated Area. A regulated area is
established to include all waters 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°24′13.6″ N,
086°16′41″ W; then southeast
42°24′12.6″ N, 086°16′40″ W; then
northeast to 42°24′19.2″ N, 086°16′26.5″
W; then northwest to 42°24′20.22″ N,
086°16′27.4″ W; then back to point of
origin. (DATUM: NAD 83).
(b) Special Local Regulations. The
regulations of § 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.
I 4. Add § 100.904 to read as follows:
(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°04′
N, 086°14′12″ W; then east to 43°03′56″
N, 086°14′4″ W; then south to 43°03′45″
N, 086°14′10″ W; then west to 43°03′48″
N, 086°14′17″ W; then back to the point
of origin. (DATUM: NAD 83).
(b) Special Local Regulations. The
regulations of § 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 August 1st; 7 p.m.
to 9 p.m.
I 7. Add § 100.907 to read as follows:
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233.
§ 100.901
[Amended]
I
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
VerDate Aug<31>2005
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
§ 100.904
Bay, WI.
Celebrate Americafest, Green
(a) Regulated Area. A regulated area is
established to include all waters of the
Fox River located between the Main
Street Bridge at position 44°31′06″ N,
088°0′56″ W and the Walnut Street
Bridge at position 44°30′25″ N,
088°01′06″ W. (DATUM: NAD 83).
(b) Special Local Regulations. The
regulations of § 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 first
weekend of July; 2 p.m. to 5 p.m.
I 5. Add § 100.905 to read as follows:
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§ 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°01′55″ N, 087°54′40″ W to the
Humboldt Avenue Bridge at position
43°03′25″ N, 087°53′53″ W. (DATUM:
NAD 83).
(b) Special Local Regulations. The
regulations of § 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. A Local Notice to
Mariners will be published and a
Broadcast Notice to Mariners will
announce which date is being enforced.
I 8. Add § 100.908 to read as follows:
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Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Rules and Regulations
§ 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 § 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.
I 9. Add § 100.909 to read as follows:
§ 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 at position
41°51′28″ N, 087°38′06″ W to the
Amtrak Bridge at position 41°51′20″ N,
087°38′13″ W. (DATUM: NAD 83).
(b) Special Local Regulations. The
regulations of § 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: September 10, 2007.
John E. Crowley, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. E7–18933 Filed 9–26–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–07–091]
RIN 1625–AA09
Drawbridge Operation Regulations;
Quinnipiac River, New Haven, CT
Coast Guard, DHS.
ACTION: Temporary rule.
mstockstill on PROD1PC66 with RULES
SUMMARY: The Coast Guard has
temporarily changed the drawbridge
operating regulations governing the
operation of the Ferry Street Bridge,
across the Quinnipiac River, mile 0.7, at
New Haven, Connecticut. This
temporary final rule allows the bridge
owner to keep one of the two moveable
bascule spans in the closed position at
all times from September 28, 2007
through April 30, 2008. This rule is
17:45 Sep 26, 2007
Jkt 211001
Regulatory Information
On August 21, 2007, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulations’’; Quinnipiac River,
Connecticut, in the Federal Register (72
FR 46586). We received no comments in
response to the notice of proposed
rulemaking. No public hearing was
requested and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register.
The bridge repairs scheduled to begin
on September 28, 2007, are necessary
repairs that must be performed with all
due speed to assure the continued safe
and reliable operation of the bridge. Any
delay in making this rule effective
would not be in the best interest of
public safety and the marine interests
that use the Quinnipiac River.
The recreational vessels that normally
use this waterway are small enough in
size that they can either pass under the
spans without a bridge opening or safely
pass through the bridge with a single
span opening.
Background and Purpose
AGENCY:
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necessary to facilitate scheduled bridge
maintenance.
DATES: This temporary rule is effective
from September 28, 2007 through April
30, 2008.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket (CGD01–07–091) and are
available for inspection or copying at
the First Coast Guard District, Bridge
Branch Office, 408 Atlantic Avenue,
Boston, Massachusetts 02110, between 7
a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms.
Judy Leung-Yee, Project Officer, First
Coast Guard District, (212) 668–7195.
SUPPLEMENTARY INFORMATION:
The Street Bridge, across the
Quinnipiac River, mile 0.7, at New
Haven, Connecticut, has a vertical
clearance in the closed position of 25
feet at mean high water and 31 feet at
mean low water. The existing
regulations are listed at 33 CFR 117.213.
In early 2007, the Connecticut
Department of Transportation requested
a temporary deviation to facilitate
scheduled structural repairs and bridge
painting at the Ferry Street Bridge at
New Haven, Connecticut. In order to
perform the structural repairs, one
bascule bridge span had to remain in the
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54835
closed position while the other span
could remain in the full open position
at all times for the passage of vessel
traffic.
As a result of the above request, the
Coast Guard published a temporary
deviation from the drawbridge operation
regulations in the Federal Register (72
FR 18884), on April 16, 2007, in effect
from April 16, 2007 through September
27, 2007.
On June 22, 2007, the Coast Guard
was notified that the scheduled repairs
authorized under the temporary
deviation listed above would not be
completed by the end of the effective
period scheduled to end on September
27, 2007.
As a result of the above information,
Connecticut Department of
Transportation requested a temporary
regulation to allow the repair work to
continue at the bridge through April 30,
2008, in order to complete the
remaining work.
Under this temporary final rule, in
effect from September 28, 2007 through
April 30, 2008, the Ferry Street Bridge
across the Quinnipiac River, mile 0.7, at
New Haven, Connecticut, will keep one
of the two bascule bridge spans in the
closed position at all times while
keeping the second bascule span in the
fully open position for the passage of
vessel traffic at all times.
Discussion of Comments and Changes
The Coast Guard received no
comments in response to the notice of
proposed rulemaking and as a result, no
changes have been made to this
temporary final rule.
Regulatory Evaluation
This 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.
This conclusion is based on the fact
that the bridge will continue to open for
vessel traffic with a single moveable
span which is sufficient for the present
needs of navigation.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we considered
whether this 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
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]]>Agencies
[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Rules and Regulations]
[Pages 54832-54835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18933]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2007-27373]
RIN 1625-AA08
Regattas and Marine Parades; Great Lake Annual Marine Events.
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
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 ensure safety of life 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 immediately
prior to, during, and immediately after regattas or marine parades.
DATES: This rule is effective October 29, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket USCG-2007-27373 and are available for inspection or
copying at the Docket Management Facility at the U.S. Department of
Transportation:
(1) Web Site: https://dms.dot.gov.
(2) Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590.
(3) Fax: (202) 493-2251.
(4) Delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 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: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI; (414) 747-
7154. If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations, at
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 6, 2007, we published a notice of proposed rule making
(NPRM) entitled Regattas and Marine Parades; Great Lake Annual Marine
Events in the Federal Register (72 FR 17062). We received no letters
commenting on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
This 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 rule will also
add several 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.
This rule is necessary to ensure the safety of vessels and
spectators from hazards associated with regattas and marine parades.
Based on accidents that have occurred in other Captain of the Port
zones, the Captain of the Port Lake
[[Page 54833]]
Michigan has determined that regattas and marine parades pose a
significant risk to public safety and property. The likely combination
of large numbers of recreation vessels, congested waterways, and
alcohol use could easily result in serious injuries or fatalities.
Restricting and controlling vessel movement around the regattas and
marine parades will help ensure the safety of persons and property at
these events, and help minimize the associated risks.
Discussion of Comments and Changes
No comments were received regarding this rule.
Regulatory Evaluation
This 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 this rule under that Order.
The Coast Guard's use of these special local regulations will be
periodic, of short duration, and designed to minimize the impact on
navigable waters. These special local regulations will only be enforced
immediately before, during, and immediately after the time the marine
events occur. 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 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 rule
would not have a significant economic impact on a substantial number of
small entities.
This 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 in special local regulations
in this rule 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 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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.
Collection of Information
This 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 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 rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a 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 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 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.
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 regulations and fishing rights
protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes
that have questions concerning the provisions of this Rule or options
for compliance are encouraged to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.
Energy Effects
We have analyzed this 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
[[Page 54834]]
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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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, this rule is categorically excluded, under figure 2-1,
paragraph 34 (h) of the Instruction from further environmental
documentation. This 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 final ``Environmental Analysis Check List'' and a final
``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.
0
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.
Sec. 100.901 [Amended]
0
2. Amend Sec. 100.901 Table 1 as follows:
0
a. Under entry for ``Sector Sault Ste. Marie, MI'' remove the entries:
National Cherry Festival Blue Angels Air Demonstration and Venetian
Festival Yacht Parade;
0
b. Remove the entry for ``Field Office Grand Haven, MI''; and
0
c. Remove the entry ``Group Sector Lake Michigan, WI''.
0
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 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. (DATUM: 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.
0
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 of the Fox River located between the Main Street Bridge at
position 44[deg]31'06'' N, 088[deg]0'56'' W and the Walnut Street
Bridge at position 44[deg]30'25'' N, 088[deg]01'06'' W. (DATUM: 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
first weekend of July; 2 p.m. to 5 p.m.
0
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 a 2000-yard radius from the northwestern
point of Horseshoe Point near Frank E. Murphy County Park in position
45[deg]00'46'' N, 087[deg]20'30'' W. (DATUM: 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.
0
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 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. (DATUM: 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 August
1st; 7 p.m. to 9 p.m.
0
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 position 43[deg]01'55'' N,
087[deg]54'40'' W to the Humboldt Avenue Bridge at position
43[deg]03'25'' N, 087[deg]53'53'' W. (DATUM: 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 or fourth Saturday of September; from 9 a.m. to 5 p.m. A Local
Notice to Mariners will be published and a Broadcast Notice to Mariners
will announce which date is being enforced.
0
8. Add Sec. 100.908 to read as follows:
[[Page 54835]]
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.
0
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 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. (DATUM: 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 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: September 10, 2007.
John E. Crowley, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. E7-18933 Filed 9-26-07; 8:45 am]
BILLING CODE 4910-15-P
