Special Local Regulation; Breakers to Bridge Paddle Festival, Lake Superior, Keweenaw Waterway, MI, 27110-27112 [2017-12284]
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27110
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
paragraph (b), remains subject to the
EAR until all applicable classification or
self-classification requirements set forth
in this section are fulfilled.
*
*
*
*
*
action, and no additional analysis is
necessary.
List of Subjects
15 CFR Part 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
PART 774 [AMENDED]
4. The authority citation for part 774
continues to read as follows:
■
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, parts 740 and 774 of the
Export Administration Regulations (15
CFR parts 730 through 774) are
amended as follows:
PART 740 [AMENDED]
1. The authority citation for part 740
continues to read as follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 4, 2016, 81 FR 52587
(August 8, 2016).
■
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
1701 et seq.; 22 U.S.C. 7201 et seq.; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 4, 2016, 81
FR 52587 (August 8, 2016).
2. Section 740.13 is amended by
revising the introductory text to read as
follows:
■
§ 740.13 Technology and Software—
unrestricted (TSU).
This license exception authorizes
exports and reexports of operation
technology and software; sales
technology and software; software
updates (bug fixes); ‘‘mass market’’
software subject to the General Software
Note; and release of technology and
source code in the United States by U.S.
universities to their bona fide and full
time regular employees. Note that
encryption software subject to the EAR
is not subject to the General Software
Note (see paragraph (d)(2) of this
section).
*
*
*
*
*
■ 3. In § 740.17:
■ a. Paragraph (b) introductory text is
amended by adding a Note to the
paragraph; and
■ b. Paragraph (b)(2)(i) is amended by
removing the reference ‘‘paragraph
(a)(i)(A)’’ and adding in its place
‘‘paragraph (b)(2)(i)(A)’’.
The addition reads as follows:
mstockstill on DSK30JT082PROD with RULES
§ 740.17 Encryption commodities,
software, and technology (ENC).
*
*
*
*
*
(b) * * *
Note to paragraph (b)
introductory text: Mass market
encryption software that would be
considered publicly available under
§ 734.3(b)(3) of the EAR, and is
authorized for export under this
VerDate Sep<11>2014
16:55 Jun 13, 2017
Jkt 241001
Supplement No. 3 to Part 774
[Amended]
5. In Supplement No. 3 to part 774,
the Notes to paragraph (a) are amended
by revising paragraph (6) to read as
follows:
Supplement No. 3 to Part 774—
Statements of Understanding
(a) * * *
Notes to Paragraph (a): * * *
(6) For commodities and software
‘‘specially designed’’ for medical enduse that incorporate an encryption or
other ‘‘information security’’ item
subject to the EAR, see also section 3
(General ‘‘Information Security’’ Note
(GISN)) to Supplement No. 2 to this
part.
*
*
*
*
*
Dated: June 7, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2017–12269 Filed 6–13–17; 8:45 am]
BILLING CODE 3510–33–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.
Final rule.
AGENCY:
The Coast Guard is
establishing a permanent special local
regulation on Lake Superior within the
SUMMARY:
PO 00000
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Fmt 4700
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0170 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Lieutenant
John Mack, Waterways management,
MSU Duluth, Coast Guard; telephone
218–725–3818, email John.V.Mack@
uscg.mil.
ADDRESSES:
■
ACTION:
Keweenaw Waterway for the annual
Breakers to Bridge Paddle Festival. This
annual event historically occurs within
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 will functionally restrict all
vessel speeds while within a designated
no-wake zone, unless otherwise
specifically authorized by the Captain of
the Port Duluth (COTP) or a designated
representative. The area forming the
subject of this permanent special local
regulation is described below.
DATES: This rule is effective July 14,
2017.
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
On March 30, 2017 the Coast Guard
published an NPRM in the Federal
Register (82 FR 15662) entitled ‘‘Special
Local Regulation; Breakers to Bridge
Paddle Festival, Lake Superior,
Keweenaw Waterway, MI.’’ The NPRM
proposed to establish a no-wake zone
within the Keweenaw Waterway on an
annual basis during the Breakers to
Bridge Paddle Festival, and invited
comments on our proposed regulatory
action related to this fireworks display.
The aforementioned NPRM was open
for comment for 30 days, in which no
comments were received.
III. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
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March 30, 2017. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule creates a permanent special
local regulation in the Keweenaw
Waterway for the annual Breakers to
Bridge Paddle Festival that historically
takes place in the within the first two
weeks of September. The no-wake zone
will be enforced on all vessels entering
a portion of the Keweenaw Waterway
beginning at the North Entry at position
47°14′03″ N., 088°37′53″ W.; and ending
at the Portage Lake Lift Bridge at
position 47°07′25″ N., 088°34′26″ W. All
vessels transiting through the no-wake
zone will be required to travel at an
appropriate rate of speed that does not
create a wake except as may be
permitted by the Captain of the Port
Duluth (COTP) or a designated
representative. The precise times and
date of enforcement for this special local
regulation will be determined annually.
The COTP will use all appropriate
means to notify the public when the
special local regulation in this 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 regulatory text appears at
the end of this document.
mstockstill on DSK30JT082PROD with RULES
IV. Regulatory Analyses
We developed this 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.’’
VerDate Sep<11>2014
16:55 Jun 13, 2017
Jkt 241001
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 impact only a portion of the
Keweenaw Waterway between the North
Entry and the Portage Lake Lift Bridge
located in Houghton, MI 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 rule will 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 rule will 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 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 rule. If the rule
would affect your small business,
organization, or governmental
PO 00000
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27111
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 rule or
any policy or action of the Coast Guard.
C. 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).
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 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 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 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 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 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
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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
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 rule involves a nowake zone being enforced for no more
than 6 hours along a prescribed route
between the North Entry & Portage Lake
Lift Bridge within the Keweenaw
Waterway in Michigan. 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.
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.
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:
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.170 to read as follows:
mstockstill on DSK30JT082PROD with RULES
§ 100.170 Special Local Regulation;
Breakers to Bridge Paddle Festival, Lake
Superior, Keweenaw Waterway, MI.
(a) Location. All navigable waters of
the Keweenaw Waterway beginning at
the North Entry at position 47°14′03″ N.,
088°37′53″ W.; and ending at the
Portage Lake Lift Bridge at position
47°07′25″ N., 088°34′26″ W.
(b) Effective period. This annual event
historically occurs within the first or
second week of September. The Captain
of the Port Duluth (COTP) will
announce enforcement dates via Notice
of Enforcement, Local Notice to
Mariners, Broadcast Notice to Mariners,
on-scene designated representatives, or
other means of outreach.
(c) Regulations. Vessels transiting
within the regulated area shall travel at
a no-wake speed except as may be
permitted by the COTP or a designated
VerDate Sep<11>2014
16:55 Jun 13, 2017
Jkt 241001
Dated: June 8, 2017.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of
the Port Duluth.
[FR Doc. 2017–12284 Filed 6–13–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG–2014–0991]
RIN 1625–AA01
Anchorage Grounds; Lower
Mississippi River Below Baton Rouge,
LA, Including South and Southwest
Passes; New Orleans, LA
Coast Guard, DHS.
Interim rule; request for
comments.
AGENCY:
ACTION:
The Coast Guard is amending
anchorage regulations for the Lower
Mississippi River below Baton Rouge.
This amendment will modify Cedar
Grove Anchorage and White Castle
Anchorage, and will establish two new
anchorages, Point Michel Anchorage
and Plaquemines Point Anchorage, on
the Lower Mississippi River, Above
Head of Passes. This interim rule
increases the available anchorage areas
necessary to accommodate vessel traffic;
improves navigation safety, providing
for the overall safe and efficient flow of
vessel traffic and commerce; and aids
and assists the economy through
increased anchorage capacity,
streamlining vessel throughput and
increasing ship to port interactions. We
invite your comments on this rule.
DATES: This rule is effective on June 14,
2017. Comments and related material
must be received by the Coast Guard on
or before October 12, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2014–0991 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:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
■
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.
If
you have questions about this interim
FOR FURTHER INFORMATION CONTACT:
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Frm 00008
Fmt 4700
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rule, call or email Lieutenant
Commander (LCDR) Howard Vacco,
Waterways Management Division,
Sector New Orleans, U.S. Coast Guard;
telephone (504) 365–2281, email
Howard.K.Vacco@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LCDR Lieutenant Commander
LNM Local Notices to Mariners
LWRP Low Water Reference Plane
MNSA Maritime Navigation Safety
Association
ANPRM Advanced Notice of Proposed
Rulemaking
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard establishes
anchorage grounds under authority in
33 U.S.C. 471. As stated in title 33 Code
of Federal Regulation (CFR) 109.05 (33
CFR 109.05), this authority has been
delegated to U.S. Coast Guard District
Commanders. On April 3, 2015, the
Coast Guard published an Advance
Notice of Proposed Rulemaking
(ANPRM) in the Federal Register (FR)
(80 FR 18175) proposing to expand
existing and establish new anchorages.
An ANPRM is used to test a proposal or
solicit ideas, involving interested
persons in a potential regulatory action
before issuing a formal rulemaking or a
Notice of Proposed Rulemaking
(NPRM). An agency is not required to
publish an ANPRM but may choose to
do so.
The Coast Guard is issuing this
interim rule without the prior notice
and opportunity to comment through
the NPRM process, 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 through the NPRM process
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
NPRM with respect to this rule because
it is impracticable. This rule will reduce
vessel traffic congestion, and decrease
the distance between anchorages during
the most congested and demanding
navigation period. This rule will also
assist in maintaining safe navigation
and movement of commerce during the
high water and increased current
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]]>Agencies
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27110-27112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12284]
=======================================================================
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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
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 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
will functionally restrict all vessel speeds while within a designated
no-wake zone, unless otherwise specifically authorized by the Captain
of the Port Duluth (COTP) or a designated representative. The area
forming the subject of this permanent special local regulation is
described below.
DATES: This rule is effective July 14, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0170 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant 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
On March 30, 2017 the Coast Guard published an NPRM in the Federal
Register (82 FR 15662) entitled ``Special Local Regulation; Breakers to
Bridge Paddle Festival, Lake Superior, Keweenaw Waterway, MI.'' The
NPRM proposed to establish a no-wake zone within the Keweenaw Waterway
on an annual basis during the Breakers to Bridge Paddle Festival, and
invited comments on our proposed regulatory action related to this
fireworks display. The aforementioned NPRM was open for comment for 30
days, in which no comments were received.
III. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
[[Page 27111]]
March 30, 2017. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule creates a permanent special local regulation in the
Keweenaw Waterway for the annual Breakers to Bridge Paddle Festival
that historically takes place in the within the first two weeks of
September. The no-wake zone will be enforced on all vessels entering a
portion of the Keweenaw Waterway beginning at the North Entry at
position 47[deg]14'03'' N., 088[deg]37'53'' W.; and ending at the
Portage Lake Lift Bridge at position 47[deg]07'25'' N., 088[deg]34'26''
W. All vessels transiting through the no-wake zone will be required to
travel at an appropriate rate of speed that does not create a wake
except as may be permitted by the Captain of the Port Duluth (COTP) or
a designated representative. The precise times and date of enforcement
for this special local regulation will be determined annually.
The COTP will use all appropriate means to notify the public when
the special local regulation in this 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 regulatory text appears at the end of this document.
IV. Regulatory Analyses
We developed this 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 impact only a portion of the Keweenaw Waterway between the
North Entry and the Portage Lake Lift Bridge located in Houghton, MI
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 rule
will 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 rule will 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 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 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. 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.
C. 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).
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 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 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 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 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 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
[[Page 27112]]
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
rule involves a no-wake zone being enforced for no more than 6 hours
along a prescribed route between the North Entry & Portage Lake Lift
Bridge within the Keweenaw Waterway in Michigan. 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.
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.
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. 100.170 to read as follows:
Sec. 100.170 Special Local Regulation; Breakers to Bridge Paddle
Festival, Lake Superior, Keweenaw Waterway, MI.
(a) Location. All navigable waters of the Keweenaw Waterway
beginning at the North Entry at position 47[deg]14'03'' N.,
088[deg]37'53'' W.; and ending at the Portage Lake Lift Bridge at
position 47[deg]07'25'' N., 088[deg]34'26'' W.
(b) Effective period. This annual event historically occurs within
the first or second week of September. The Captain of the Port Duluth
(COTP) will announce enforcement dates via Notice of Enforcement, Local
Notice to Mariners, Broadcast Notice to Mariners, on-scene designated
representatives, or other means of outreach.
(c) Regulations. Vessels transiting within the regulated area shall
travel at a no-wake speed except as may be permitted by the COTP 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.
Dated: June 8, 2017.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2017-12284 Filed 6-13-17; 8:45 am]
BILLING CODE 9110-04-P
