Regattas and Marine Parades; Great Lake Annual Marine Events., 54832-54835 [E7-18933]

Download as PDF 54832 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. mstockstill on PROD1PC66 with RULES 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 VerDate Aug<31>2005 17:45 Sep 26, 2007 Jkt 211001 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: http://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: http://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, PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27SER1.SGM 27SER1 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. mstockstill on PROD1PC66 with RULES 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 VerDate Aug<31>2005 17:45 Sep 26, 2007 Jkt 211001 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27SER1.SGM 27SER1 54834 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. mstockstill on PROD1PC66 with RULES 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: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 § 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: E:\FR\FM\27SER1.SGM 27SER1 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: VerDate Aug<31>2005 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27SER1.SGM 27SER1

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]


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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.

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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 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: http://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: http://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