Special Local Regulation; Washburn Board Across the Bay, Lake Superior; Chequamegon Bay, WI, 15660-15662 [2017-06262]
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15660
Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules
4332, 4334, 4335); Nuclear Waste Policy Act
of 1982, secs. 144(f), 121, 135, 141, 148 (42
U.S.C. 10134(f), 10141, 10155, 10161, 10168);
44 U.S.C. 3504 note.
14. In § 51.17, revise paragraph (b) to
read as follows:
■
[FR Doc. 2017–06162 Filed 3–29–17; 8:45 am]
BILLING CODE 7590–01–P
§ 51.17 Information collection
requirements; OMB approval.
*
*
*
*
*
(b) The approved information
collection requirements in this part
appear in §§ 51.6, 51.16, 51.41, 51.45,
51.49, 51.50, 51.51, 51.52, 51.53, 51.54,
51.55, 51.56, 51.58, 51.60, 51.61, 51.62,
51.66, 51.68, and 51.69.
■ 15. In § 51.45, revise paragraph (a) to
read as follows:
§ 51.45
Environmental report.
(a) General. As required by §§ 51.50,
51.53, 51.54, 51.55, 51.56, 51.60, 51.61,
51.62, or 51.68, as appropriate, each
applicant or petitioner for rulemaking
shall submit with its application or
petition for rulemaking one signed
original of a separate document entitled
‘‘Applicant’s’’ or ‘‘Petitioner’s
Environmental Report,’’ as appropriate.
An applicant or petitioner for
rulemaking may submit a supplement to
an environmental report at any time.
*
*
*
*
*
■ 16. Add § 51.56 to read as follows:
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
§ 51.56 Environmental report—non-power
production or utilization facility licenses.
Each applicant for a non-power
production or utilization facility license
or other form of permission, or renewal
of a non-power production or utilization
facility license or other form of
permission issued pursuant to
§§ 50.21(a) or (c) or § 50.22 of this
chapter shall submit a separate
document, entitled ‘‘Applicant’s
Environmental Report’’ or ‘‘Supplement
to Applicant’s Environmental Report,’’
as appropriate, with its application to:
ATTN: Document Control Desk,
Director, Office of Nuclear Reactor
Regulation. The environmental report or
supplement shall contain the
information specified in § 51.45. If the
application is for a renewal of a license
or other form of permission for which
the applicant has previously submitted
an environmental report, the
supplement, to the extent applicable,
shall include an analysis of any
environmental impacts resulting from
operational experience or a change in
operations, and an analysis of any
environmental impacts that may result
from proposed decommissioning
activities. The supplement may
incorporate by reference the previously
submitted environmental report, or
portions thereof.
VerDate Sep<11>2014
17:18 Mar 29, 2017
Dated at Rockville, Maryland, this 23rd day
of March, 2017.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Jkt 241001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2017–0169]
RIN 1625–AA08
Special Local Regulation; Washburn
Board Across the Bay, Lake Superior;
Chequamegon Bay, WI
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a permanent special local
regulation on Lake Superior within
Chequamegon Bay for the annual
Washburn Board Across the Bay racing
event. This annual event historically
occurs within the last 2 weeks of July
and lasts for 1 day. This action is
necessary to safeguard the participants
and spectators on the water in a portion
of Chequamegon Bay between
Washburn, WI and Ashland, WI. This
regulation would functionally restrict
all vessel speeds while within a
designated no-wake zone, unless
otherwise specifically authorized by the
Captain of the Port (COTP) Duluth or a
designated representative. The area
forming the subject of this permanent
special local regulation is described
below. We invite your comments on this
notice of proposed rulemaking (NPRM).
DATES: Comments and related material
must be received by the Coast Guard on
or before May 1, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
USCG–2017–0169 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Junior Grade John Mack, Waterways
management, MSU Duluth, Coast Guard;
telephone 218–725–3818, email
John.V.Mack@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
PO 00000
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Fmt 4702
Sfmt 4702
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port, Duluth
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
This annual event will consist of a
series of races of varying lengths that
utilize stand up paddleboards, sea
kayaks, and canoes and will take place
in Lake Superior within Chequamegon
Bay between Washburn, WI and
Ashland, WI. Due to the race course
spanning across the entire bay it is
anticipated that a significant number of
recreational and commercial vessels
attempting to transit across the course
would pose a significant safety hazard
to race participants and safety observers.
The Captain of the Port, Duluth,
believes a permanent special local
regulation for Chequamegon Bay is
needed to restrict the speed of vessels
through the use of a no-wake zone
within Chequamegon Bay before,
during, and after the scheduled event to
safeguard persons and vessels during
the races. The statutory basis for this
rulemaking is 33 U.S.C. 1233, which
give the Coast Guard, under a delegation
from the Department of Homeland
Security, regulatory authority to enforce
the Ports and Waterways Safety Act.
III. Discussion of Proposed Rule
This proposed rule would create a
permanent special local regulation in
Chequamegon Bay for the annual
Washburn Board Across the Bay racing
event that historically takes place in the
third or fourth week of July. The nowake zone would be enforced on all
vessels entering into 100 yards of either
side of an imaginary line beginning in
Washburn, WI at position 46°36′52″ N.,
090°54′24″ W.; thence southwest to
position 46°38′44″ N., 090°54′50″ W.;
thence southeast to position 46°37′02″
N., 090°50′20″ W.; and ending
southwest at position 46°36′12″ N.,
090°51′51″ W. All vessels transiting
through the no-wake zone would be
required to travel at an appropriate rate
of speed that does not create a wake
except as may be permitted by the COTP
or a designated representative. The
precise times and date of enforcement
for this special local regulation will be
determined annually.
The Captain of the Port, Duluth,
would use all appropriate means to
notify the public when the special local
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Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules
regulation in this proposed rule will be
enforced. Such means may include
publication in the Federal Register a
Notice of Enforcement, Broadcast Notice
to Mariners, and Local Notice to
Mariners. The proposed regulatory text
appears at the end of this document.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (‘‘Regulatory Planning
and Review’’) and 13563 (‘‘Improving
Regulation and Regulatory Review’’)
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
including potential economic,
environmental, public health and safety
effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance
of quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’), directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, the Office of Management
and Budget (OMB) has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the Special Local
Regulation. Vessel traffic will be able to
safely transit through the no-wake zone
which will be 200 yards wide and will
impact only a small designated area of
Lake Superior in Chequamegon Bay
between Washburn, WI and Ashland,
WI during a time of year when
commercial vessel traffic is normally
VerDate Sep<11>2014
18:20 Mar 29, 2017
Jkt 241001
low. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners via
VHF–FM marine channel 16.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. 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.
While some owners or operators of
vessels intending to transit through the
no-wake zone may be small entities, for
the reasons stated in section V.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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 rule would economically affect it.
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. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT section. 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.
C. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
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
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15661
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. 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
proposed rule will not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 (42
U.S.C. 4321–4370f), and have made a
preliminary determination 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 proposed rule
involves a no-wake zone being enforced
for no more than 5 hours along a
prescribed route between Washburn &
Ashland, Wisconsin. Normally such
actions are categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of Commandant Instruction
M16475.lD. A preliminary
environmental analysis checklist and
Categorical Exclusion Determination are
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.
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Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 proposed 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:
■
VerDate Sep<11>2014
17:18 Mar 29, 2017
Jkt 241001
Authority: 33 U.S.C. 1233.
■
2. Add § 100.0169 to read as follows:
§ 100.0169 Special Local Regulation;
Washburn Board Across the Bay, Lake
Superior; Chequamegon Bay, WI.
(a) Location. All waters of
Chequamegon Bay within 100 yards of
either side of an imaginary line
beginning in Washburn, WI at position
46°36′52″ N., 090°54′24″ W.; thence
southwest to position 46°38′44″ N.,
090°54′50″ W.; thence southeast to
position 46°37′02″ N., 090°50′20″ W.;
and ending southwest at position
46°36′12″ N., 090°51′51″ W.
(b) Effective period. This annual event
historically occurs within the third or
fourth week of July. The Captain of the
Port Duluth, will establish enforcement
dates that will be announced by Notice
of Enforcement, Local Notice to
Mariners, Broadcast Notice to Mariners,
on-scene designated representatives, or
other forms of outreach.
(c) Regulations. Vessels transiting
within the regulated area shall travel at
a no-wake speed except as may be
permitted by the Captain of the Port
Duluth or a designated on-scene
representative. Additionally, vessels
shall yield right-of-way for event
participants and event safety craft and
shall follow directions given by event
representatives during the event.
(d) Penalties. Vessels or persons
violating this rule may be subject to the
penalties set forth in 33 U.S.C. 1233.
Dated: March 23, 2017.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of
the Port Duluth.
[FR Doc. 2017–06262 Filed 3–29–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2017–0170]
RIN 1625–AA08
Special Local Regulation; Breakers to
Bridge Paddle Festival, Lake Superior;
Keweenaw Waterway, MI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a permanent special local
regulation on Lake Superior within the
Keweenaw Waterway for the annual
Breakers to Bridge Paddle Festival. This
annual event historically occurs within
SUMMARY:
PO 00000
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Fmt 4702
Sfmt 4702
the first 2 weeks of September and lasts
for 1 day. This action is necessary to
safeguard the participants and
spectators on the water in a portion of
the Keweenaw Waterway between the
North Entry and the Portage Lake Lift
Bridge located in Houghton, MI. This
regulation would functionally restrict
all vessel speeds while within a
designated no-wake zone, unless
otherwise specifically authorized by the
Captain of the Port (COTP) Duluth or a
designated representative. The area
forming the subject of this permanent
special local regulation is described
below. We invite your comments on this
notice of proposed rulemaking (NPRM).
DATES: Comments and related material
must be received by the Coast Guard on
or before May 1, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0170 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Lieutenant
Junior Grade John Mack, Waterways
management, MSU Duluth, Coast Guard;
telephone 218–725–3818, email
John.V.Mack@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port, Duluth
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
This annual event will consist of a
series of races and non-competitive
events of varying lengths that utilize
stand up paddleboards, kayaks, and
canoes that take place entirely within
the Keweenaw Waterway between the
North Entry and the Portage Lake Lift
Bridge located in Houghton, MI. Due to
the race course spanning a significant
portion of the Keweenaw Waterway it is
anticipated that a significant number of
recreational and commercial vessels
attempting to transit near the paddle
craft would pose a significant safety
hazard to event participants and safety
observers.
The Captain of the Port, Duluth,
believes a special local regulation for
E:\FR\FM\30MRP1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Proposed Rules]
[Pages 15660-15662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06262]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0169]
RIN 1625-AA08
Special Local Regulation; Washburn Board Across the Bay, Lake
Superior; Chequamegon Bay, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a permanent special
local regulation on Lake Superior within Chequamegon Bay for the annual
Washburn Board Across the Bay racing event. This annual event
historically occurs within the last 2 weeks of July and lasts for 1
day. This action is necessary to safeguard the participants and
spectators on the water in a portion of Chequamegon Bay between
Washburn, WI and Ashland, WI. This regulation would functionally
restrict all vessel speeds while within a designated no-wake zone,
unless otherwise specifically authorized by the Captain of the Port
(COTP) Duluth or a designated representative. The area forming the
subject of this permanent special local regulation is described below.
We invite your comments on this notice of proposed rulemaking (NPRM).
DATES: Comments and related material must be received by the Coast
Guard on or before May 1, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
USCG-2017-0169 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Junior Grade John Mack,
Waterways management, MSU Duluth, Coast Guard; telephone 218-725-3818,
email John.V.Mack@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port, Duluth
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
This annual event will consist of a series of races of varying
lengths that utilize stand up paddleboards, sea kayaks, and canoes and
will take place in Lake Superior within Chequamegon Bay between
Washburn, WI and Ashland, WI. Due to the race course spanning across
the entire bay it is anticipated that a significant number of
recreational and commercial vessels attempting to transit across the
course would pose a significant safety hazard to race participants and
safety observers.
The Captain of the Port, Duluth, believes a permanent special local
regulation for Chequamegon Bay is needed to restrict the speed of
vessels through the use of a no-wake zone within Chequamegon Bay
before, during, and after the scheduled event to safeguard persons and
vessels during the races. The statutory basis for this rulemaking is 33
U.S.C. 1233, which give the Coast Guard, under a delegation from the
Department of Homeland Security, regulatory authority to enforce the
Ports and Waterways Safety Act.
III. Discussion of Proposed Rule
This proposed rule would create a permanent special local
regulation in Chequamegon Bay for the annual Washburn Board Across the
Bay racing event that historically takes place in the third or fourth
week of July. The no-wake zone would be enforced on all vessels
entering into 100 yards of either side of an imaginary line beginning
in Washburn, WI at position 46[deg]36'52'' N., 090[deg]54'24'' W.;
thence southwest to position 46[deg]38'44'' N., 090[deg]54'50'' W.;
thence southeast to position 46[deg]37'02'' N., 090[deg]50'20'' W.; and
ending southwest at position 46[deg]36'12'' N., 090[deg]51'51'' W. All
vessels transiting through the no-wake zone would be required to travel
at an appropriate rate of speed that does not create a wake except as
may be permitted by the COTP or a designated representative. The
precise times and date of enforcement for this special local regulation
will be determined annually.
The Captain of the Port, Duluth, would use all appropriate means to
notify the public when the special local
[[Page 15661]]
regulation in this proposed rule will be enforced. Such means may
include publication in the Federal Register a Notice of Enforcement,
Broadcast Notice to Mariners, and Local Notice to Mariners. The
proposed regulatory text appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
This regulatory action determination is based on the size,
location, duration, and time-of-year of the Special Local Regulation.
Vessel traffic will be able to safely transit through the no-wake zone
which will be 200 yards wide and will impact only a small designated
area of Lake Superior in Chequamegon Bay between Washburn, WI and
Ashland, WI during a time of year when commercial vessel traffic is
normally low. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit
through the no-wake zone may be small entities, for the reasons stated
in section V.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
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 rule would economically affect it.
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. 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 the person listed in the FOR
FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves a no-wake
zone being enforced for no more than 5 hours along a prescribed route
between Washburn & Ashland, Wisconsin. Normally such actions are
categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist and Categorical Exclusion
Determination are 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.
[[Page 15662]]
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposed
to amend 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. 100.0169 to read as follows:
Sec. 100.0169 Special Local Regulation; Washburn Board Across the
Bay, Lake Superior; Chequamegon Bay, WI.
(a) Location. All waters of Chequamegon Bay within 100 yards of
either side of an imaginary line beginning in Washburn, WI at position
46[deg]36'52'' N., 090[deg]54'24'' W.; thence southwest to position
46[deg]38'44'' N., 090[deg]54'50'' W.; thence southeast to position
46[deg]37'02'' N., 090[deg]50'20'' W.; and ending southwest at position
46[deg]36'12'' N., 090[deg]51'51'' W.
(b) Effective period. This annual event historically occurs within
the third or fourth week of July. The Captain of the Port Duluth, will
establish enforcement dates that will be announced by Notice of
Enforcement, Local Notice to Mariners, Broadcast Notice to Mariners,
on-scene designated representatives, or other forms of outreach.
(c) Regulations. Vessels transiting within the regulated area shall
travel at a no-wake speed except as may be permitted by the Captain of
the Port Duluth or a designated on-scene representative. Additionally,
vessels shall yield right-of-way for event participants and event
safety craft and shall follow directions given by event representatives
during the event.
(d) Penalties. Vessels or persons violating this rule may be
subject to the penalties set forth in 33 U.S.C. 1233.
Dated: March 23, 2017.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2017-06262 Filed 3-29-17; 8:45 am]
BILLING CODE 9110-04-P
