Regattas and Marine Parades; Great Lakes Annual Marine Events, 29436-29439 [E9-14552]
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29436
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules
A. Redesignating paragraphs
(e)(26)(ii)(B)(2), (3) and (4) as paragraphs
(e)(26)(ii)(B)(3), (4) and (5);
B. Adding a sentence to the end of the
introductory text in paragraph
(e)(26)(ii)(B);
C. Revising paragraph
(e)(26)(ii)(B)(1)(ii);
D. Revising paragraph
(e)(26)(ii)(B)(1)(iv);
E. Adding new paragraph
(e)(26)(ii)(B)(1)(v); and
F. Adding a new paragraph
(e)(26)(ii)(B)(2) to read as follows:
§ 199.4
Basic program benefits.
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(e) * * *
(26) * * *
(ii) * * *
(B) * * * Additionally, Phase I
studies may be approved on a case by
case basis when the requirements below
are met.
(1) * * *
(ii) Such treatments are NCI
sponsored Phase I, Phase II or Phase III
protocols; and
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(iv) The institutional and individual
providers are CHAMPUS authorized
providers; and,
(v) The requirements for Phase I
protocols in paragraph (e)(26)(ii)(B)(2) of
this section are met:
(2) Requirements for Phase I protocols
are:
(i) Standard treatment has been or
would be ineffective, does not exist, or
there is no superior non-investigational
treatment alternative; and,
(ii) The available clinical or
preclinical data provide a reasonable
expectation that the treatment will be at
least as effective as the noninvestigational alternative; and,
(iii) The facility and personnel
providing the treatment are capable of
doing so by virtue of their experience,
training, and volume of patients treated
to maintain expertise; and,
(iv) The referring physician has
concluded that the enrollee’s
participation in such a trial would be
appropriate based upon the satisfaction
of paragraphs (e)(26)(ii)(B)(2)(i) through
(e)(26)(ii)(B)(2)(iii) of this section.
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sroberts on PROD1PC70 with PROPOSALS
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Dated: May 15, 2009.
Patricia Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E9–14441 Filed 6–19–09; 8:45 am]
BILLING CODE 5001–06–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[USCG–2009–0400]
RIN 1625–AA08
Regattas and Marine Parades; Great
Lakes Annual Marine Events
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
amend special local regulations for
annual regattas and marine parades in
the Captain of the Port Sault Sainte
Marie zone. This action is necessary to
protect and separate the public from the
hazards of these events. This proposed
rule will establish restrictions upon, and
control 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
July 22, 2009.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2009–0400 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand 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.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT:
LCDR Christopher Friese, Prevention
Dept. Chief, Sector Sault Sainte Marie,
337 Water St., Sault Sainte Marie, MI
49783; 906–635–3220.
I. 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 https://
www.regulations.gov and will include
any personal information you have
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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.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0400),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name, mailing address,
and an e-mail address or other contact
information in the body of your
document to ensure that you can be
identified as the submitter. This also
allows us to contact you in the event
further information is needed or if there
are questions. For example, if we cannot
read your submission due to technical
difficulties and you cannot be
contacted; your submission may not be
considered. 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 81⁄2 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.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time,
click on ‘‘Search for Dockets,’’ and enter
the docket number for this rulemaking
(USCG–2008–XXXX) in the Docket ID
box, and click enter. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the DOT West Building, 1200 New
Jersey Avenue, SE., Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
C. 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
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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules
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 Sault Sainte Marie 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.
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.
Background and Purpose
Small Entities
This proposed rule will add several
regattas and marine parades not
previously listed in 33 CFR Part 100.
The specific events to be added are
Copperhead Regatta, Houghton, MI,
Spirit of the Lake Regatta, Superior, WI,
Point to LaPoint Swim, LaPoint, WI,
Duluth Rowing International Regatta,
and Grand Marais Splash In, Grand
Marais, MI.
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 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 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 proposed rule would economically
affect it.
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
SUPPLEMENTARY INFORMATION:
Public Meeting
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.
sroberts on PROD1PC70 with PROPOSALS
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
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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 proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
LCDR Christopher Friese, Prevention
Dept. Chief, Sector Sault Sainte Marie,
337 Water St., Sault Sainte Marie, MI
49783; 906–635–3220. The Coast Guard
will not retaliate against small entities
that question or complain about this
proposed 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 expenditure, we
nevertheless discuss its effects
elsewhere in this preamble.
Taking of Private Property
This proposed 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 proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules
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 safety zones 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 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 encouraged to contact
the point of contact listed under FOR
FURTHER INFORMATION CONTACT.
sroberts on PROD1PC70 with PROPOSALS
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
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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 and Department of
Homeland Security Management
Directive 023–01, which guide 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 this action is not likely to have a
significant effect on the human
environment. An environmental
analysis checklist supporting this
preliminary determination is available
in the docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
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.
2. Add § 100.921 to read as follows:
§ 100.921
MI.
Copperhead Regatta, Houghton,
(a) Regulated Area. A regulated area is
established to encompass all waters
west of the boundary line created by
points 47°06′48″ N, 088°30′04″ W and
47°06′34″ N, 088°30′48″ W to the
Houghton area lift Bridge (NAD 1983).
(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.
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(c) Effective date: The last Saturday in
September. The exact dates and times
for this event will be determined
annually, and published through Local
Notice to Mariners and Broadcast Notice
to Mariners.
3. Add § 100.922 to read as follows:
§ 100.922 Spirit of the Lake Regatta,
Superior, WI.
(a) Regulated Area. A regulated area is
established to encompass all waters
within the Superior Front Channel
bounded by a line starting at 46°42.47′
N, 092°02.42′ W then running northeast
to position 46°42.52′ N, 092°02.36′ W
then running northwest to position
46°44.30′ N, 092°04.75′ W then running
southwest to position 46°44.26′ N,
092°05.03′ W then running southeast
back to the starting point (NAD 1983).
(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. This event occurs
the second weekend in September. The
exact dates and times for this event will
be determined annually, and published
through Local Notice to Mariners and
Broadcast Notice to Mariners.
4. Add § 100.923 to read as follows:
§ 100.923 Pointe to LaPointe Swim,
LaPointe, WI.
(a) Regulated Area. A regulated area is
established to include all waters of Lake
Superior extending 50 yards on both
sides of a line starting at position
46°48.50′ N, 090°48.41′ W then running
southeast to position 46°47.12′ N,
090°47.19′ W (NAD 1983).
(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. This event occurs
the second weekend in August. The
exact dates and times for this event will
be determined annually and published
through Local Notice to Mariners and
Broadcast Notice to Mariners.
5. Add § 100.924 to read as follows:
§ 100.924
Regatta.
Duluth Rowing International
(a) Regulated Area. A regulated area is
established to include all waters
adjacent to Park Point in DuluthSuperior Harbor within the following
boundaries beginning at latitude
46°45′19.3″ N, longitude 92°04′43″ W;
thence to latitude 46°45′11.7″ N,
longitude 92°05′01″ W; thence to
latitude 46°44′21.2″ N, longitude
92°04′15.7″ W; thence to latitude
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46°44′29.4″ N, longitude 92°03′57.5″ W;
thence to the point of beginning (NAD
1983). This area is also the Special
Anchorage Area for Duluth-Superior
Harbor as designated in 33 CFR
§ 110.77a.
(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. This event occurs
the second weekend in July. The exact
dates and times for this event will be
determined annually and published
through Local Notice to Mariners and
Broadcast Notice to Mariners.
6. Add § 100.925 to read as follows:
§ 100.925 Grand Marais Splash In, Grand
Marais, MI.
(a) Regulated Area. A regulated area is
established to include all waters of Lake
Superior within a 1500-foot radius of
position 46°40.37′ N, 085°58.74′ W
(NAD 1983).
(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. This event occurs
the third week in June. The exact dates
and times for this event will be
determined annually and published
through Local Notice to Mariners and
Broadcast Notice to Mariners.
Dated: June 8, 2009.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. E9–14552 Filed 6–19–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 146
[Docket Number USCG–2008–1088]
RIN 1625–AB28
Notice of Arrival on the Outer
Continental Shelf
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
sroberts on PROD1PC70 with PROPOSALS
ACTION:
SUMMARY: The Coast Guard proposes to
enhance maritime domain safety and
security awareness on units and
personnel engaging in activities on the
Outer Continental Shelf by proposing
regulations which will require notice of
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arrival for units planning to engage in
Outer Continental Shelf activities. The
proposed rules would implement
provisions of the Security and
Accountability for Every Port Act of
2006 and increase overall maritime
domain awareness by requiring owners
or operators of United States and foreign
flag floating facilities, mobile offshore
drilling units, and vessels to submit
notice of arrival information to the
National Vessel Movement Center prior
to engaging in Outer Continental Shelf
activities.
DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before September 21, 2009 or
reach the Docket Management Facility
by that date.
Comments sent to the Office of
Management and Budget (OMB) on
collection of information must reach
OMB on or before September 21, 2009.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–1088 using any
one of the following methods:
(1) Federal eRulemaking Portal
https://www.regulations.gov;
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these methods. For instructions
on submitting comments, see the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Collection of Information Comments:
If you have comments on the collection
of information discussed in section V.D.
of this notice of proposed rulemaking
(NPRM), you must also send comments
to the Office of Information and
Regulatory Affairs (OIRA), Office of
Management and Budget. To ensure that
your comments to OIRA are received on
time, the preferred methods are by email to oira_submission@omb.eop.gov
(include the docket number and
‘‘Attention: Desk Officer for Coast
Guard, DHS’’ in the subject line of the
e-mail) or fax at 202–395–6566. An
alternate, though slower, method is by
U.S. mail to the Office of Information
and Regulatory Affairs, Office of
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Management and Budget, 725 17th
Street, NW., Washington, DC 20503,
ATTN: Desk Officer, U.S. Coast Guard.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Mr. James M. Magill,
Vessel and Facility Operating Standards
Division (CG–5222), Coast Guard;
telephone 202–372–1414, e-mail
James.M.Magill@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. 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 https://
www.regulations.gov and will include
any personal information you have
provided.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–1088),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
To submit your comments online, go
to https://www.regulations.gov, select the
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]]>Agencies
[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Proposed Rules]
[Pages 29436-29439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14552]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2009-0400]
RIN 1625-AA08
Regattas and Marine Parades; Great Lakes Annual Marine Events
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend special local regulations
for annual regattas and marine parades in the Captain of the Port Sault
Sainte Marie zone. This action is necessary to protect and separate the
public from the hazards of these events. This proposed rule will
establish restrictions upon, and control 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 July 22, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0400 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand 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.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: LCDR Christopher Friese, Prevention
Dept. Chief, Sector Sault Sainte Marie, 337 Water St., Sault Sainte
Marie, MI 49783; 906-635-3220.
I. 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 https://www.regulations.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.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0400), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
document to ensure that you can be identified as the submitter. This
also allows us to contact you in the event further information is
needed or if there are questions. For example, if we cannot read your
submission due to technical difficulties and you cannot be contacted;
your submission may not be considered. 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.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2008-XXXX) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
C. 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
[[Page 29437]]
Department of Transportation's Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477), or you may visit
https://DocketsInfo.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 Sault
Sainte Marie 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 add several regattas and marine parades not
previously listed in 33 CFR Part 100. The specific events to be added
are Copperhead Regatta, Houghton, MI, Spirit of the Lake Regatta,
Superior, WI, Point to LaPoint Swim, LaPoint, WI, Duluth Rowing
International Regatta, and Grand Marais Splash In, Grand Marais, MI.
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 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 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 proposed 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
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LCDR Christopher
Friese, Prevention Dept. Chief, Sector Sault Sainte Marie, 337 Water
St., Sault Sainte Marie, MI 49783; 906-635-3220. The Coast Guard will
not retaliate against small entities that question or complain about
this proposed 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
expenditure, we nevertheless discuss its effects elsewhere in this
preamble.
Taking of Private Property
This proposed 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation,
[[Page 29438]]
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 safety zones 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 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 encouraged 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 and Department of Homeland Security Management Directive 023-
01, which guide 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 this action is not likely to
have a significant effect on the human environment. An environmental
analysis checklist supporting this preliminary determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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.
2. Add Sec. 100.921 to read as follows:
Sec. 100.921 Copperhead Regatta, Houghton, MI.
(a) Regulated Area. A regulated area is established to encompass
all waters west of the boundary line created by points 47[deg]06'48''
N, 088[deg]30'04'' W and 47[deg]06'34'' N, 088[deg]30'48'' W to the
Houghton area lift Bridge (NAD 1983).
(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: The last Saturday in September. The exact dates
and times for this event will be determined annually, and published
through Local Notice to Mariners and Broadcast Notice to Mariners.
3. Add Sec. 100.922 to read as follows:
Sec. 100.922 Spirit of the Lake Regatta, Superior, WI.
(a) Regulated Area. A regulated area is established to encompass
all waters within the Superior Front Channel bounded by a line starting
at 46[deg]42.47' N, 092[deg]02.42' W then running northeast to position
46[deg]42.52' N, 092[deg]02.36' W then running northwest to position
46[deg]44.30' N, 092[deg]04.75' W then running southwest to position
46[deg]44.26' N, 092[deg]05.03' W then running southeast back to the
starting point (NAD 1983).
(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. This event occurs the second weekend in
September. The exact dates and times for this event will be determined
annually, and published through Local Notice to Mariners and Broadcast
Notice to Mariners.
4. Add Sec. 100.923 to read as follows:
Sec. 100.923 Pointe to LaPointe Swim, LaPointe, WI.
(a) Regulated Area. A regulated area is established to include all
waters of Lake Superior extending 50 yards on both sides of a line
starting at position 46[deg]48.50' N, 090[deg]48.41' W then running
southeast to position 46[deg]47.12' N, 090[deg]47.19' W (NAD 1983).
(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. This event occurs the second weekend in August.
The exact dates and times for this event will be determined annually
and published through Local Notice to Mariners and Broadcast Notice to
Mariners.
5. Add Sec. 100.924 to read as follows:
Sec. 100.924 Duluth Rowing International Regatta.
(a) Regulated Area. A regulated area is established to include all
waters adjacent to Park Point in Duluth-Superior Harbor within the
following boundaries beginning at latitude 46[deg]45'19.3'' N,
longitude 92[deg]04'43'' W; thence to latitude 46[deg]45'11.7'' N,
longitude 92[deg]05'01'' W; thence to latitude 46[deg]44'21.2'' N,
longitude 92[deg]04'15.7'' W; thence to latitude
[[Page 29439]]
46[deg]44'29.4'' N, longitude 92[deg]03'57.5'' W; thence to the point
of beginning (NAD 1983). This area is also the Special Anchorage Area
for Duluth-Superior Harbor as designated in 33 CFR Sec. 110.77a.
(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. This event occurs the second weekend in July.
The exact dates and times for this event will be determined annually
and published through Local Notice to Mariners and Broadcast Notice to
Mariners.
6. Add Sec. 100.925 to read as follows:
Sec. 100.925 Grand Marais Splash In, Grand Marais, MI.
(a) Regulated Area. A regulated area is established to include all
waters of Lake Superior within a 1500-foot radius of position
46[deg]40.37' N, 085[deg]58.74' W (NAD 1983).
(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. This event occurs the third week in June. The
exact dates and times for this event will be determined annually and
published through Local Notice to Mariners and Broadcast Notice to
Mariners.
Dated: June 8, 2009.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. E9-14552 Filed 6-19-09; 8:45 am]
BILLING CODE 4910-15-P
