Special Local Regulations for Marine Events; Port Huron to Mackinac Island Sail Race, 41373-41376 [2010-17339]
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Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
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■ 6. Section 2201.10 is amended by:
■ a. Revising paragraphs (a)(3), (5), and
(7);
■ b. Redesignating paragraphs (a)(8),
(10), and (11) as paragraphs (a)(16)
through (a)(18);
■ c. Removing paragraph (a)(9); and
■ d. Adding new paragraphs (a)(8)
through (a)(15).
The revisions and additions read as
follows:
§ 2201.10
Maintenance of statistics.
(a) * * *
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(3) A complete list of all statutes that
the agency used to authorize the
withholding of information under 5
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information that is specifically
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(5) The number of requests for records
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(7) The median number of days taken
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(9) Based on the number of business
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(i) The number of requests for records
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a determination within a period up to
and including 20 days, and in 20-day
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a period greater than 300 days and less
than 401 days; and
(iv) The number of requests for
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the median number of days for the
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granted information;
(11) The median and average number
of days for the agency to respond to
administrative appeals based on the
date on which the appeals originally
were received by the agency, the highest
number of business days taken by the
agency to respond to an administrative
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41373
appeal, and the lowest number of
business days taken by the agency to
respond to an administrative appeal;
(12) Data on the 10 active requests
with the earliest filing dates pending at
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(13) Data on the 10 active
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(14) The number of expedited review
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(15) The number of fee waiver
requests that are granted and denied,
and the average and median number of
days for adjudicating fee waiver
determinations;
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[FR Doc. 2010–17369 Filed 7–15–10; 8:45 am]
BILLING CODE 7600–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0621]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Port Huron to Mackinac Island
Sail Race
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard will enforce
a special local regulation for the annual
Port Huron to Mackinac Island Sail
Race. This action is necessary to safely
control vessel movements in the vicinity
of the race starting point and provide for
the safety of the general boating public
and commercial shipping. During this
period, no person or vessel may enter
the regulated area without the
permission of the Coast Guard Patrol
Commander (PATCOM).
DATES: This rule is effective from 9 a.m.
through 4 p.m. on July 17, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
XXXX and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
E:\FR\FM\16JYR1.SGM
16JYR1
41374
Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
USCG–2010–XXXX in the Docket ID
box, pressing Enter, and then clicking
on the item in the Docket ID column.
They are also available for inspection or
copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning this
temporary rule, call or e-mail Mr. Frank
Jennings, Jr., Auxiliary and Boating
Safety Branch, Ninth Coast Guard
District, 1240 East 9th Street, Cleveland,
OH, via e-mail at:
frank.t.jennings@uscg.mil or by phone
at: (216) 902–6094. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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Regulatory Information
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
special local regulation pertaining to
this annual race was previously
published in the Code of Federal
Regulations. The special local regulation
was inadvertently removed during the
most recent revision to 33 CFR 100.901.
Based on the hazards associated with
marine regattas within Port Huron and
the short amount of time until the event,
delaying publication of this regulation
would be contrary to the public interest.
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. These special local regulations
were inadvertently removed during the
most recent revision to 33 CFR 100.901.
Because this is an annual race, held in
the same location, local maritime
interests are already familiar with the
provisions of these regulations. Delaying
this rule would be contrary to the public
interest of ensuring the safety of
spectators and vessels during this
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operation and immediate action is
necessary to prevent possible loss of life
or property.
Background and Purpose
Special local regulations are necessary
to safely control vessel movements in
the vicinity of the race starting point
and provide for the safety of the general
boating public and commercial
shipping. The Captain of the Port Sector
Detroit has determined that the start of
the Port Huron to Mackinac Island Sail
Race does pose significant risks to
public safety and property. The likely
combination of congested waterways,
vessels engaged in a regatta, and fast
currents could easily result in serious
injuries or fatalities.
Discussion of Rule
The Coast Guard will enforce special
local regulations for the annual Port
Huron to Mackinac Sail Race from 9
a.m. until 4 p.m. on July 17, 2010. The
special local regulations apply to the
waters of the Black River, St. Clair River
and lower Lake Huron from:
Latitude
42[deg]58.8[min] N
42[deg]58.4[min] N
43[deg]02.8[min] N
43[deg]02.8[min] N
42[deg]58.9[min] N
42[deg]58.8[min] N
Longitude
082[deg]26[min] W, to
082[deg]24.8[min] W,
thence northward
along the International Boundary
to
082[deg]23.8[min] W,
to
082[deg]26.8[min] W,
thence southward
along the U.S.
shoreline to
082[deg]26[min] W,
thence to
082[deg] 26[min] W.
[DATUM: NAD 83].
In order to ensure the safety of
spectators and participating vessels, the
special local regulations will be in effect
for the day of the start of the event. The
Coast Guard will patrol the race area
under the direction of a designated
Coast Guard Patrol Commander
(PATCOM). Vessels desiring to transit
the regulated area may do so only with
prior approval of the PATCOM and
when so directed by that officer. The
PATCOM may be contacted on Channel
16 (156.8 MHZ) by the call sign ‘‘Coast
Guard Patrol Commander.’’ Vessels will
be operated at a no wake speed to
reduce the wake to a minimum, and in
a manner which will not endanger
participants in the event or any other
craft. The rules contained in the above
two sentences shall not apply to
participants in the event or vessels of
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the patrol operating in the performance
of their assigned duties.
In the event these special local
regulations affect shipping, commercial
vessels may request permission from the
PATCOM to transit the area of the event
by hailing call sign ‘‘Coast Guard Patrol
Commander’’ on Channel 16 (156.8
MHZ).
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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.
Special local regulations pertaining to
this annual race were previously
published in the Code of Federal
Regulations. These special local
regulations were inadvertently removed
by the U.S. Coast Guard during the most
recent revision to 33 CFR 100.901.
Because this race is held annually in the
same location, local maritime interests
are already familiar with the provisions
of this regulation.
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 will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
a portion of the Black River, St. Clair
River and lower Lake Huron from 9 a.m.
until 4 p.m. July 17, 2010.
These special local regulations will
not have a significant economic impact
on a substantial number of small entities
for the following reasons. This rule will
be enforced for only 7 hours on a
E:\FR\FM\16JYR1.SGM
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Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
weekend when the majority of vessel
traffic transiting the area is recreational.
Vessel traffic will be allowed to pass
through the area of the race start with
the permission of the Coast Guard patrol
commander. Before the effective period,
the Coast Guard will issue maritime
advisories widely to users of the river.
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.
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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
an expenditure we do discuss the effects
of this rule elsewhere in this preamble.
14:26 Jul 15, 2010
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This rule will not affect 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
Assistance for Small Entities
VerDate Mar<15>2010
Taking of Private Property
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
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
PO 00000
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41375
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
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
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 this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a safety
zone and is therefore categorically
excluded under paragraph 34(g) of the
Instruction.
A final environmental analysis check
list and categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
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 this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves the enforcement of special
local regulations, pursuant to 33 CFR
E:\FR\FM\16JYR1.SGM
16JYR1
41376
Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
100, for the annual Port Huron to
Mackinac Island Sail Race, July 17, 2010
at 9 a.m. to July 17, 2010 at 4 p.m. This
action is necessary to safely control
vessel movements in the vicinity of the
start of the race and provide for the
safety of the general boating public and
commercial shipping. Regulations will
be in effect for seven hours on the day
the event starts. The Coast Guard will
patrol the race area under the direction
of a designated Coast Guard Patrol
Commander.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
ADDRESSES.
Authority: 33 U.S.C. 1233, Department of
Homeland Security Delegation No. 0170.1.
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:
§ 100.T09–0659 Special Local Regulations
for Marine Events; Port Huron to Mackinac
Island Sail Race.
docket where indicated under
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
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N
N
N
N
N
N
1. The authority citation for part 100
continues to read as follows:
Longitude
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
[DATUM: NAD 83].
(b) Effective period. This rule is
effective from 9 a.m. to 4 p.m. on July
17, 2010.
(c) Regulations. (1) In accordance with
the general regulations in section 100.35
of this part, the Coast Guard will patrol
the regatta area under the direction of a
designated Coast Guard Patrol
Commander (PATCOM). The PATCOM
may be contacted on Channel 16 (156.8
MHz) by the call sign ‘‘Coast Guard
Patrol Commander.’’ Vessels desiring to
transit the regulated area may do so only
with prior approval of the PATCOM and
when so directed by that officer.
(2) Vessels will be operated at a no
wake speed to reduce the wake to a
minimum, and in a manner which will
not endanger participants in the event
or any other craft. The rules in this
subparagraph shall not apply to
participants in the event or vessels of
the patrol operating in the performance
of their assigned duties.
(3) The Patrol Commander may direct
the anchoring, mooring or movement of
any boat or vessel within the regatta
area. A succession of sharp, short
signals by whistle or horn from vessels
patrolling the area under the direction
of the U.S. Coast Guard PATCOM shall
serve as a signal to stop. Vessels so
signaled shall stop and shall comply
with the orders of the PATCOM. Failure
to do so may result in expulsion from
the area, citation for failure to comply,
or both.
(4) The PATCOM may establish vessel
size and speed limitations and operating
conditions. The PATCOM may restrict
vessel operation within the regatta area
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16:17 Jul 15, 2010
Jkt 220001
(a) Location. The special local
regulations apply to the waters of the
Black River, St. Clair River and lower
Lake Huron from:
■
Latitude
42[deg]58.8[min]
42[deg]58.4[min]
43[deg]02.8[min]
43[deg]02.8[min]
42[deg]58.9[min]
42[deg]58.8[min]
2. A new temporary § 100.T09–0659 is
added to read as follows:
082[deg]26[min] W, to
082[deg]24.8[min] W, thence northward along the International Boundary to
082[deg]23.8[min] W, to
082[deg]26.8[min] W, thence southward along the U.S. shoreline to
082[deg]26[min] W, thence to
082[deg] 26[min] W.
to vessels having particular operating
characteristics. The PATCOM may
terminate the marine event or the
operation of vessel at any time it is
deemed necessary for the protection of
life and property.
Dated: July 2, 2010.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2010–17339 Filed 7–15–10; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0589]
RIN 1625–AA00
Safety Zone; Fireworks Display,
Potomac River, Charles County, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone upon
specified waters of the Potomac River.
All persons and vessels are prohibited
from transiting the zone, except as
authorized by the Coast Guard Captain
of the Port Baltimore. This action is
necessary to provide for the safety of life
on navigable waters during a fireworks
display launched from a discharge barge
located near Dumfries, Virginia. This
safety zone is intended to protect the
PO 00000
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maritime public in a portion of the
Potomac River.
DATES: This rule is effective from
7:30 p.m. on July 24, 2010 through
11 p.m. on July 25, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0589 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0589 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Mr. Ronald L. Houck,
Sector Baltimore Waterways
Management Division, Coast Guard;
telephone 410–576–2674, e-mail
Ronald.L.Houck@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
E:\FR\FM\16JYR1.SGM
16JYR1
]]>Agencies
[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Rules and Regulations]
[Pages 41373-41376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17339]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0621]
RIN 1625-AA08
Special Local Regulations for Marine Events; Port Huron to
Mackinac Island Sail Race
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard will enforce a special local regulation for
the annual Port Huron to Mackinac Island Sail Race. This action is
necessary to safely control vessel movements in the vicinity of the
race starting point and provide for the safety of the general boating
public and commercial shipping. During this period, no person or vessel
may enter the regulated area without the permission of the Coast Guard
Patrol Commander (PATCOM).
DATES: This rule is effective from 9 a.m. through 4 p.m. on July 17,
2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-XXXX and are available online
by going to https://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting
[[Page 41374]]
USCG-2010-XXXX in the Docket ID box, pressing Enter, and then clicking
on the item in the Docket ID column. They are also available for
inspection or copying at the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning this
temporary rule, call or e-mail Mr. Frank Jennings, Jr., Auxiliary and
Boating Safety Branch, Ninth Coast Guard District, 1240 East 9th
Street, Cleveland, OH, via e-mail at: frank.t.jennings@uscg.mil or by
phone at: (216) 902-6094. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the special local regulation
pertaining to this annual race was previously published in the Code of
Federal Regulations. The special local regulation was inadvertently
removed during the most recent revision to 33 CFR 100.901. Based on the
hazards associated with marine regattas within Port Huron and the short
amount of time until the event, delaying publication of this regulation
would be contrary to the public interest.
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. These special local regulations
were inadvertently removed during the most recent revision to 33 CFR
100.901. Because this is an annual race, held in the same location,
local maritime interests are already familiar with the provisions of
these regulations. Delaying this rule would be contrary to the public
interest of ensuring the safety of spectators and vessels during this
operation and immediate action is necessary to prevent possible loss of
life or property.
Background and Purpose
Special local regulations are necessary to safely control vessel
movements in the vicinity of the race starting point and provide for
the safety of the general boating public and commercial shipping. The
Captain of the Port Sector Detroit has determined that the start of the
Port Huron to Mackinac Island Sail Race does pose significant risks to
public safety and property. The likely combination of congested
waterways, vessels engaged in a regatta, and fast currents could easily
result in serious injuries or fatalities.
Discussion of Rule
The Coast Guard will enforce special local regulations for the
annual Port Huron to Mackinac Sail Race from 9 a.m. until 4 p.m. on
July 17, 2010. The special local regulations apply to the waters of the
Black River, St. Clair River and lower Lake Huron from:
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Latitude Longitude
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42[deg]58.8[min] N 082[deg]26[min] W, to
42[deg]58.4[min] N 082[deg]24.8[min] W, thence
northward along the
International Boundary to
43[deg]02.8[min] N 082[deg]23.8[min] W, to
43[deg]02.8[min] N 082[deg]26.8[min] W, thence
southward along the U.S.
shoreline to
42[deg]58.9[min] N 082[deg]26[min] W, thence to
42[deg]58.8[min] N 082[deg] 26[min] W.
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[DATUM: NAD 83].
In order to ensure the safety of spectators and participating
vessels, the special local regulations will be in effect for the day of
the start of the event. The Coast Guard will patrol the race area under
the direction of a designated Coast Guard Patrol Commander (PATCOM).
Vessels desiring to transit the regulated area may do so only with
prior approval of the PATCOM and when so directed by that officer. The
PATCOM may be contacted on Channel 16 (156.8 MHZ) by the call sign
``Coast Guard Patrol Commander.'' Vessels will be operated at a no wake
speed to reduce the wake to a minimum, and in a manner which will not
endanger participants in the event or any other craft. The rules
contained in the above two sentences shall not apply to participants in
the event or vessels of the patrol operating in the performance of
their assigned duties.
In the event these special local regulations affect shipping,
commercial vessels may request permission from the PATCOM to transit
the area of the event by hailing call sign ``Coast Guard Patrol
Commander'' on Channel 16 (156.8 MHZ).
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
Special local regulations pertaining to this annual race were
previously published in the Code of Federal Regulations. These special
local regulations were inadvertently removed by the U.S. Coast Guard
during the most recent revision to 33 CFR 100.901. Because this race is
held annually in the same location, local maritime interests are
already familiar with the provisions of this regulation.
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 will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of the Black River, St. Clair River and
lower Lake Huron from 9 a.m. until 4 p.m. July 17, 2010.
These special local regulations will not have a significant
economic impact on a substantial number of small entities for the
following reasons. This rule will be enforced for only 7 hours on a
[[Page 41375]]
weekend when the majority of vessel traffic transiting the area is
recreational. Vessel traffic will be allowed to pass through the area
of the race start with the permission of the Coast Guard patrol
commander. Before the effective period, the Coast Guard will issue
maritime advisories widely to users of the river.
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 an expenditure we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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 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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone and is therefore categorically excluded under paragraph
34(g) of the Instruction.
A final environmental analysis check list and categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves the enforcement of
special local regulations, pursuant to 33 CFR
[[Page 41376]]
100, for the annual Port Huron to Mackinac Island Sail Race, July 17,
2010 at 9 a.m. to July 17, 2010 at 4 p.m. This action is necessary to
safely control vessel movements in the vicinity of the start of the
race and provide for the safety of the general boating public and
commercial shipping. Regulations will be in effect for seven hours on
the day the event starts. The Coast Guard will patrol the race area
under the direction of a designated Coast Guard Patrol Commander.
An environmental analysis checklist and a 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, Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 100.T09-0659 is added to read as follows:
Sec. 100.T09-0659 Special Local Regulations for Marine Events; Port
Huron to Mackinac Island Sail Race.
(a) Location. The special local regulations apply to the waters of
the Black River, St. Clair River and lower Lake Huron from:
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Latitude Longitude
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42[deg]58.8[min] N......................... 082[deg]26[min] W, to
42[deg]58.4[min] N......................... 082[deg]24.8[min] W, thence northward along the International Boundary to
43[deg]02.8[min] N......................... 082[deg]23.8[min] W, to
43[deg]02.8[min] N......................... 082[deg]26.8[min] W, thence southward along the U.S. shoreline to
42[deg]58.9[min] N......................... 082[deg]26[min] W, thence to
42[deg]58.8[min] N......................... 082[deg] 26[min] W.
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[DATUM: NAD 83].
(b) Effective period. This rule is effective from 9 a.m. to 4 p.m.
on July 17, 2010.
(c) Regulations. (1) In accordance with the general regulations in
section 100.35 of this part, the Coast Guard will patrol the regatta
area under the direction of a designated Coast Guard Patrol Commander
(PATCOM). The PATCOM may be contacted on Channel 16 (156.8 MHz) by the
call sign ``Coast Guard Patrol Commander.'' Vessels desiring to transit
the regulated area may do so only with prior approval of the PATCOM and
when so directed by that officer.
(2) Vessels will be operated at a no wake speed to reduce the wake
to a minimum, and in a manner which will not endanger participants in
the event or any other craft. The rules in this subparagraph shall not
apply to participants in the event or vessels of the patrol operating
in the performance of their assigned duties.
(3) The Patrol Commander may direct the anchoring, mooring or
movement of any boat or vessel within the regatta area. A succession of
sharp, short signals by whistle or horn from vessels patrolling the
area under the direction of the U.S. Coast Guard PATCOM shall serve as
a signal to stop. Vessels so signaled shall stop and shall comply with
the orders of the PATCOM. Failure to do so may result in expulsion from
the area, citation for failure to comply, or both.
(4) The PATCOM may establish vessel size and speed limitations and
operating conditions. The PATCOM may restrict vessel operation within
the regatta area to vessels having particular operating
characteristics. The PATCOM may terminate the marine event or the
operation of vessel at any time it is deemed necessary for the
protection of life and property.
Dated: July 2, 2010.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2010-17339 Filed 7-15-10; 8:45 am]
BILLING CODE 4910-15-P
