Special Local Regulations; Annual Bayview Mackinac Race, 36390-36393 [2012-14972]
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Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Rules and Regulations
Costs of Compliance
We estimate that this AD will affect
34 helicopters of U.S. Registry.
We estimate that operators may incur
the following costs in order to comply
with this AD: Determining the date,
inspecting for an unfiltered, overtemperature TOT indicator light in the
cockpit, and installing a filter will take
about 1.8 work-hours at $85 per workhour. A filter will cost about $300. The
total cost will be $15,402 assuming the
filter will be installed on the entire fleet
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Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
(3) Will not affect intrastate aviation
in Alaska to the extent that it justifies
making a regulatory distinction; and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared an economic evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
Jkt 226001
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
helicopters identified in this rulemaking
action.
14:49 Jun 18, 2012
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
■
Authority for This Rulemaking
VerDate Mar<15>2010
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2012–12–11 BELL HELICOPTER TEXTRON
CANADA, LIMITED (BELL):
Amendment 39–17091; Docket No.
FAA–2012–0087; Directorate Identifier
2011–SW–029–AD.
(a) Applicability
This AD applies to Model 206, 206A,
206A–1, 206B, 206B–1, 206L, 206L–1, 206L–
3, and 206L–4 helicopters, certificated in any
category, modified with Aviation Specialties
Unlimited, Inc. (ASU), Night Vision Imaging
System (NVIS) lighting installed per
Supplemental Type Certificate (STC)
SR01383SE.
(b) Unsafe Condition
This AD defines the unsafe condition as an
unfiltered turbine outlet temperature (TOT)
indicator over-temperature warning light,
when illuminated, creating glare and
reflections that could degrade the pilot’s
view through night vision goggles. This
condition could result in loss of control of
the helicopter.
(c) Effective Date
This AD becomes effective July 24, 2012.
AMOCs for this AD. Send your proposal to:
Kathleen Arrigotti, Aviation Safety Engineer,
Seattle Aircraft Certification Office,
Transport Airplane Directorate, FAA, 1601
Lind Avenue SW., Renton, WA 98057;
telephone (425) 917–6426; email 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office, before
operating any aircraft complying with this
AD through an AMOC.
(g) Additional Information
Aviation Specialties Unlimited, Inc., Alert
Service Bulletin No. ASU 206–2010–11–1,
dated November 4, 2010, which is not
incorporated by reference, contains
additional information about the subject of
this AD. For service information identified in
this AD, contact Aviation Specialties
Unlimited, Inc., 4632 Aeronca Street, Boise,
Idaho 83705; telephone (208) 426–8117; fax
(208) 426–8975; or https://www.asu-nvg.com/
. You may review this service information at
the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd.,
Room 663, Fort Worth, Texas 76137.
(h) Subject
Joint Aircraft Service Component (JASC)
Code: 7722, Engine EFT/TOT Indicating
System.
Issued in Fort Worth, Texas, on June 7,
2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2012–14804 Filed 6–18–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
(d) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
33 CFR Part 100
(e) Required Actions
Within 30 days or 50 hours time-in-service,
whichever occurs first:
(1) Determine the date of the STC
installation.
(2) If the date of the STC installation is on
or before April 6, 2011, or the date is
undocumented, determine whether the
cockpit TOT indicator unit has an unfiltered
internal over-temperature warning light. If
the unit has an unfiltered internal overtemperature warning light, install an NVIS
filter, part number ASU–TOTGAG–1.
Special Local Regulations; Annual
Bayview Mackinac Race
(f) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office, FAA, may approve
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[Docket No. USCG–2012–0403]
RIN 1625–AA08
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a permanent Special Local
Regulations to provide for the safe
control of vessel movement during the
start of the Annual Bayview Mackinac
Race, commonly known as the Port
Huron to Mackinac Sail Race. This
action is necessary to provide for the
safety of the general boating public and
commercial shipping during the start of
the race.
SUMMARY:
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Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Rules and Regulations
DATES:
This rule is effective July 21,
2012.
Comments and material
received from the public, as well as
documents mentioned in this preamble,
are part of docket [USCG–2012–0403].
To view documents mentioned in this
preamble as being available in the
docket, go to https://www.regulations.
gov, type the docket number in the
‘‘SEARCH’’ box, and click ‘‘Search.’’
You may visit the Docket Management
Facility, 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 rule, email
or call Frank Jennings, Jr., Auxiliary and
Boating Safety Branch, Ninth Coast
Guard District, 1240 East 9th Street,
Cleveland, OH, via email at: frank.t.
jennings@uscg.mil or by phone at: (216)
902–6094. If you have questions on
viewing or submitting material to the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and Information
On May 15, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations;
Annual Bayview Mackinac Race in the
Federal Register (77 FR 28538). We
received 0 comments on the proposed
rule. No public meeting was requested,
and none was held.
The Coast Guard recognizes that this
final rule may be effective less than 30
days after publication in the Federal
Register. Under 5 U.S.C. 553(d)(3), an
agency may issue a rule less than 30
days before its effective date when the
agency finds good cause to do so. For
this rule, the Coast Guard finds that
good cause exists for publishing this
final rule less than 30 days before its
effective date. Delaying the effective
date of this final rule would prevent its
enforcement on the scheduled day of
the 2012 race and thus, would preclude
the Coast Guard from protecting
spectators and vessels from the
associated hazards, which are discussed
herein. The goal of delaying the
effective date is to allow the public time
to prepare to comply with the new rule.
In this case, that goal is supported by
the NPRM published in rule has been
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met by the NPRM published in May of
this year. In addition, this race is a local
institution and has been run every year
since 1925. The Coast Guard does not
expect any member of the public to be
unable to comply with the rule because
they did not have sufficient time to
prepare.
B. Basis and Purpose
The Port Huron to Mackinac sail race
(currently titled the ‘‘Bell’s Beer
Bayview Mackinac Race’’) is an annual
regatta that has taken place since 1925.
The race occurs in July of each year
with a starting point in Port Huron, MI.
It is typical for more than 200 sailboats
to take part in this annual event. The
Coast Guard’s Ninth District
Commander has determined that the
high concentration of participants and
spectators at the race’s starting point
poses extra and unusual hazards to the
boating public. The likely combination
of recreational vessels and sailing
vessels gathered together in high
concentrations within a congested area
known to have fast currents could lead
to serious boating injuries or fatalities.
C. Discussion of Rule
In light of the extra and unusual
hazards likely to occur at the starting
point of the Port Huron to Mackinac sail
race, the Coast Guard is establishing
permanent Special Local Regulations.
These Special Local Regulations will be
enforced in July of each year, and the
exact times and dates of enforcement
will be published in the Federal
Register annually via a Notice of
Enforcement.
This Special Local Regulation will
apply in the starting area of the race in
the vicinity of Port Huron, MI.
Specifically, this regulated area will
include all U.S. navigable waters of the
Black River, St. Clair River and lower
Lake Huron starting at: Latitude
042°58′47″ N, longitude 082°26′0″ W;
then easterly to latitude 042°58′24″ N,
longitude 082°24′47″ W; then northward
along the International Boundary to
latitude 043°2′48″ N, longitude
082°23′47″ W; then westerly to the
shoreline at approximate location
latitude 043°2′48″ N, longitude
082°26′48″ W; then southward along the
U.S. shoreline to latitude 042°58′54″ N,
longitude 082°26′1″ W; then back to the
beginning [DATUM: NAD 83].
In order to ensure the safety of
spectators and those vessels
participating in the race, the Coast
Guard will patrol the regulated area
under the direction of a designated
Coast Guard Patrol Commander
(PATCOM). Vessels desiring to transit
the regulated area may do so but only
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36391
with prior approval of the PATCOM and
only when so directed by that
individual. The PATCOM may be
contacted on Channel 16 (156.8 MHZ)
by the call sign ‘‘Coast Guard Patrol
Commander.’’ Vessels allowed within
the regulated area will be operated at a
no wake speed and in a manner that
will not endanger participants in the
event or any other craft. These Special
Local Regulations shall not apply to
vessels participating in the event or
government vessels patrolling the
regulated area.
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).
D. 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.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. Executive
Order 12866 or under section 1 of
Executive Order 13563. The Office of
Management and Budget has not
reviewed it under those Orders. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS). We conclude that this rule is not
a significant regulatory action because
we anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues.
This Special Local Regulation will be
enforced for only seven hours on a
single day in July of each year. Also, the
regulated area will be a relatively small
and only in effect at the race’s starting
point. It is expected that during the
annual enforcement of this Special
Local Regulation the majority of vessel
traffic in the vicinity of the regulated
area will be recreational in nature.
Furthermore, some vessel traffic will be
allowed to pass, albeit with caution and
at a reduced speed, through the
regulated area with the permission of
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the Coast Guard Patrol Commander.
Finally, the Coast Guard expects that
public awareness of this event, along
with the Coast Guard’s regulation of it,
is particularly high. As mentioned
above, this race has recurred regularly
since 1925, and the Coast Guard has
regulated it for many years with both
permanent and temporary regulations.
Despite the race’s long history, the Coast
Guard still intends to issue maritime
advisories to current users of the
affected waterways. On the whole, local
maritime interests are already well
familiar with the effects of this event
and this Special Local Regulation.
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2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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 might 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 during the
month of July each year. This Special
Local Regulations will not have a
significant economic impact on a
substantial number of small entities for
the same reasons discussed in above
Regulatory Planning and Review
section.
3. 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 rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
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
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14:49 Jun 18, 2012
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against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
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.
11. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
13. Environment
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.
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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of Special Local
Regulations and is therefore
categorically excluded under figure 2–1,
paragraph (34)(h), of the Instruction.
During the annual permitting process
for this event an environmental analysis
will be conducted to include the effects
of these proposed Special Local
Regulations. Thus, no preliminary
environmental analysis checklist or
Categorical Exclusion Determination
(CED) are required for this proposed
rulemaking action. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
9. Protection of Children
List of Subjects in 33 CFR Part 100
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.
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
6. 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 (adjusted for inflation) 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.
7. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
8. Civil Justice Reform
10. Indian Tribal Governments
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
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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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
■
2. Add § 100.902 to read as follows:
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§ 100.902 Special Local Regulations;
Annual Bayview Mackinac Race.
(a) Regulated area. These Special
Local Regulations apply to all U.S.
navigable waters of the Black River, St.
Clair River, and lower Lake Huron,
bound by a line starting at latitude
042°58′47″ N, longitude 082°26′0″ W;
then easterly to latitude 042°58′24″ N,
longitude 082°24′47″ W; then northward
along the International Boundary to
latitude 043°2′48″ N, longitude
082°23′47″ W; then westerly to the
shoreline at approximate location
latitude 043°2′48″ N, longitude
082°26′48″ W; then southward along the
U.S. shoreline to latitude 042°58′54″ N,
longitude 082°26′1″ W; then back to the
beginning [DATUM: NAD 83].
(b) Enforcement period. These Special
Local Regulations will be enforced
annually at the commencement of the
Bayview Mackinac Race. The
enforcement period will last
approximately seven hours on a single
day each July. The Coast Guard will
notify the public of the exact
enforcement date and times via a Notice
of Enforcement published in the Federal
Register. Also, the Coast Guard may use
marine broadcasts, local notice to
mariners, local news media, on-scene
oral notice, and broadcasts on VHF–FM
marine radio Channel 16 (156.8 MHZ) to
notify the public of the exact dates and
times of enforcement.
(c) Special local regulations. (1) No
vessel may enter the regulated area
established in paragraph (a) of this
section without prior approval from the
Coast Guard’s designated Patrol
Commander (PATCOM). The PATCOM
may restrict vessel operation within the
regulated area to vessels having
particular operating characteristics.
(2) Vessels permitted to enter this
regulated area must operate at a no wake
speed and in a manner that will not
endanger race participants or any other
craft.
(3) The PATCOM may direct the
anchoring, mooring, or movement of
any vessel within this regulated area. A
succession of sharp, short signals by
whistle or horn from vessels patrolling
the area under the direction of the
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, a Notice of Violation for
failure to comply, or both.
(4) If it is deemed necessary for the
protection of life and property, the
PATCOM may terminate at any time the
marine event or the operation of any
vessel within the regulated area.
(5) In accordance with the general
regulations in § 100.35 of this part, the
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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.’’
(6) The rules in this section shall not
apply to vessels participating in the
event or to government vessels
patrolling the regulated area in the
performance of their assigned duties.
Dated: June 15, 2012.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2012–14972 Filed 6–15–12; 11:15 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0566]
Drawbridge Operation Regulation;
Sacramento River, Isleton, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
regulation that governs the Isleton
Drawbridge across Sacramento River,
mile 18.7, at Isleton, CA. The deviation
is necessary to allow California
Department of Transportation to paint
and perform routine maintenance on the
drawbridge. This deviation allows
single leaf operation of the double leaf
bascule style drawbridge during the
project.
DATES: This deviation is effective from
7 a.m., June 19, 2012 to 6 p.m. on
August 17, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of the docket USCG–
2012–0566 and are available online by
going to https://www.regulations.gov,
inserting USCG–2012–0566 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 rule, call or
SUMMARY:
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36393
email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516, email
David.H.Sulouff@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
The
California Department of Transportation
has requested a temporary change to the
operation of the Isleton Drawbridge,
mile 18.7, over Sacramento River, at
Isleton, CA. The drawbridge navigation
span provides a vertical clearance of 15
feet above Mean High Water in the
closed-to-navigation position. The draw
opens on signal from May 1 through
October 31 from 6 a.m. to 10 p.m. and
from November 1 through April 30 from
9 a.m. to 5 p.m. At all other times the
draw shall open on signal if at least four
hours notice is given to the drawtender
at the Rio Vista bridge across the
Sacramento River, mile 12.8, as required
by 33 CFR 117.189(a). Navigation on the
waterway is commercial and
recreational.
Either leaf of the double bascule
drawspan may be secured in the closedto-navigation position from 7 a.m., June
19, 2012 to 6 p.m. on August 17, 2012,
to allow Caltrans to conduct painting
and maintenance on the bridge. The
opposite leaf will continue to operate
normally, providing unlimited vertical
clearance and 83 feet horizontal
clearance between leafs. A work
platform will be installed below the
secured leaf, reducing vertical clearance
by 6 feet. This temporary deviation has
been coordinated with waterway users.
No objections to the proposed
temporary deviation were raised.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: June 11, 2012.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2012–14974 Filed 6–18–12; 8:45 am]
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[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Rules and Regulations]
[Pages 36390-36393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14972]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0403]
RIN 1625-AA08
Special Local Regulations; Annual Bayview Mackinac Race
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent Special Local
Regulations to provide for the safe control of vessel movement during
the start of the Annual Bayview Mackinac Race, commonly known as the
Port Huron to Mackinac Sail Race. This action is necessary to provide
for the safety of the general boating public and commercial shipping
during the start of the race.
[[Page 36391]]
DATES: This rule is effective July 21, 2012.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble, are part of docket [USCG-2012-
0403]. To view documents mentioned in this preamble as being available
in the docket, go to https://www.regulations.gov, type the docket number
in the ``SEARCH'' box, and click ``Search.'' You may visit the Docket
Management Facility, 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 rule,
email or call Frank Jennings, Jr., Auxiliary and Boating Safety Branch,
Ninth Coast Guard District, 1240 East 9th Street, Cleveland, OH, via
email at: frank.t.jennings@uscg.mil or by phone at: (216) 902-6094. If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On May 15, 2012, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations; Annual Bayview Mackinac Race
in the Federal Register (77 FR 28538). We received 0 comments on the
proposed rule. No public meeting was requested, and none was held.
The Coast Guard recognizes that this final rule may be effective
less than 30 days after publication in the Federal Register. Under 5
U.S.C. 553(d)(3), an agency may issue a rule less than 30 days before
its effective date when the agency finds good cause to do so. For this
rule, the Coast Guard finds that good cause exists for publishing this
final rule less than 30 days before its effective date. Delaying the
effective date of this final rule would prevent its enforcement on the
scheduled day of the 2012 race and thus, would preclude the Coast Guard
from protecting spectators and vessels from the associated hazards,
which are discussed herein. The goal of delaying the effective date is
to allow the public time to prepare to comply with the new rule. In
this case, that goal is supported by the NPRM published in rule has
been met by the NPRM published in May of this year. In addition, this
race is a local institution and has been run every year since 1925. The
Coast Guard does not expect any member of the public to be unable to
comply with the rule because they did not have sufficient time to
prepare.
B. Basis and Purpose
The Port Huron to Mackinac sail race (currently titled the ``Bell's
Beer Bayview Mackinac Race'') is an annual regatta that has taken place
since 1925. The race occurs in July of each year with a starting point
in Port Huron, MI. It is typical for more than 200 sailboats to take
part in this annual event. The Coast Guard's Ninth District Commander
has determined that the high concentration of participants and
spectators at the race's starting point poses extra and unusual hazards
to the boating public. The likely combination of recreational vessels
and sailing vessels gathered together in high concentrations within a
congested area known to have fast currents could lead to serious
boating injuries or fatalities.
C. Discussion of Rule
In light of the extra and unusual hazards likely to occur at the
starting point of the Port Huron to Mackinac sail race, the Coast Guard
is establishing permanent Special Local Regulations. These Special
Local Regulations will be enforced in July of each year, and the exact
times and dates of enforcement will be published in the Federal
Register annually via a Notice of Enforcement.
This Special Local Regulation will apply in the starting area of
the race in the vicinity of Port Huron, MI. Specifically, this
regulated area will include all U.S. navigable waters of the Black
River, St. Clair River and lower Lake Huron starting at: Latitude
042[deg]58'47'' N, longitude 082[deg]26'0'' W; then easterly to
latitude 042[deg]58'24'' N, longitude 082[deg]24'47'' W; then northward
along the International Boundary to latitude 043[deg]2'48'' N,
longitude 082[deg]23'47'' W; then westerly to the shoreline at
approximate location latitude 043[deg]2'48'' N, longitude
082[deg]26'48'' W; then southward along the U.S. shoreline to latitude
042[deg]58'54'' N, longitude 082[deg]26'1'' W; then back to the
beginning [DATUM: NAD 83].
In order to ensure the safety of spectators and those vessels
participating in the race, the Coast Guard will patrol the regulated
area under the direction of a designated Coast Guard Patrol Commander
(PATCOM). Vessels desiring to transit the regulated area may do so but
only with prior approval of the PATCOM and only when so directed by
that individual. The PATCOM may be contacted on Channel 16 (156.8 MHZ)
by the call sign ``Coast Guard Patrol Commander.'' Vessels allowed
within the regulated area will be operated at a no wake speed and in a
manner that will not endanger participants in the event or any other
craft. These Special Local Regulations shall not apply to vessels
participating in the event or government vessels patrolling the
regulated area.
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).
D. 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.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. Executive Order
12866 or under section 1 of Executive Order 13563. The Office of
Management and Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues.
This Special Local Regulation will be enforced for only seven hours
on a single day in July of each year. Also, the regulated area will be
a relatively small and only in effect at the race's starting point. It
is expected that during the annual enforcement of this Special Local
Regulation the majority of vessel traffic in the vicinity of the
regulated area will be recreational in nature. Furthermore, some vessel
traffic will be allowed to pass, albeit with caution and at a reduced
speed, through the regulated area with the permission of
[[Page 36392]]
the Coast Guard Patrol Commander. Finally, the Coast Guard expects that
public awareness of this event, along with the Coast Guard's regulation
of it, is particularly high. As mentioned above, this race has recurred
regularly since 1925, and the Coast Guard has regulated it for many
years with both permanent and temporary regulations. Despite the race's
long history, the Coast Guard still intends to issue maritime
advisories to current users of the affected waterways. On the whole,
local maritime interests are already well familiar with the effects of
this event and this Special Local Regulation.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 might
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 during the month of July each year. This Special Local
Regulations will not have a significant economic impact on a
substantial number of small entities for the same reasons discussed in
above Regulatory Planning and Review section.
3. 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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. 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 (adjusted for
inflation) 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.
7. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
8. 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.
9. 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.
10. Indian Tribal Governments
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.
11. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of Special Local
Regulations and is therefore categorically excluded under figure 2-1,
paragraph (34)(h), of the Instruction. During the annual permitting
process for this event an environmental analysis will be conducted to
include the effects of these proposed Special Local Regulations. Thus,
no preliminary environmental analysis checklist or Categorical
Exclusion Determination (CED) are required for this proposed rulemaking
action. 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
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:
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.
0
2. Add Sec. 100.902 to read as follows:
[[Page 36393]]
Sec. 100.902 Special Local Regulations; Annual Bayview Mackinac Race.
(a) Regulated area. These Special Local Regulations apply to all
U.S. navigable waters of the Black River, St. Clair River, and lower
Lake Huron, bound by a line starting at latitude 042[deg]58'47'' N,
longitude 082[deg]26'0'' W; then easterly to latitude 042[deg]58'24''
N, longitude 082[deg]24'47'' W; then northward along the International
Boundary to latitude 043[deg]2'48'' N, longitude 082[deg]23'47'' W;
then westerly to the shoreline at approximate location latitude
043[deg]2'48'' N, longitude 082[deg]26'48'' W; then southward along the
U.S. shoreline to latitude 042[deg]58'54'' N, longitude 082[deg]26'1''
W; then back to the beginning [DATUM: NAD 83].
(b) Enforcement period. These Special Local Regulations will be
enforced annually at the commencement of the Bayview Mackinac Race. The
enforcement period will last approximately seven hours on a single day
each July. The Coast Guard will notify the public of the exact
enforcement date and times via a Notice of Enforcement published in the
Federal Register. Also, the Coast Guard may use marine broadcasts,
local notice to mariners, local news media, on-scene oral notice, and
broadcasts on VHF-FM marine radio Channel 16 (156.8 MHZ) to notify the
public of the exact dates and times of enforcement.
(c) Special local regulations. (1) No vessel may enter the
regulated area established in paragraph (a) of this section without
prior approval from the Coast Guard's designated Patrol Commander
(PATCOM). The PATCOM may restrict vessel operation within the regulated
area to vessels having particular operating characteristics.
(2) Vessels permitted to enter this regulated area must operate at
a no wake speed and in a manner that will not endanger race
participants or any other craft.
(3) The PATCOM may direct the anchoring, mooring, or movement of
any vessel within this regulated area. A succession of sharp, short
signals by whistle or horn from vessels patrolling the area under the
direction of the 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, a Notice of
Violation for failure to comply, or both.
(4) If it is deemed necessary for the protection of life and
property, the PATCOM may terminate at any time the marine event or the
operation of any vessel within the regulated area.
(5) In accordance with the general regulations in Sec. 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.''
(6) The rules in this section shall not apply to vessels
participating in the event or to government vessels patrolling the
regulated area in the performance of their assigned duties.
Dated: June 15, 2012.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2012-14972 Filed 6-15-12; 11:15 am]
BILLING CODE 9110-04-P
