Special Local Regulations; Recurring Marine Events in the Lake Michigan Captain of the Port Zone, 15745-15749 [2020-05729]
Download as PDF
<![CDATA[
jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Proposed Rules
assessment rate reduces the burden on
handlers and may also reduce the
burden on producers.
The Committee’s meeting was widely
publicized throughout the South Texas
onion industry. All interested persons
were invited to attend the meeting and
participate in Committee deliberations
on all issues. Like all Committee
meetings, the November 19, 2019,
meeting was a public meeting and all
entities, both large and small, were able
to express views on this issue.
Interested persons are invited to submit
comments on this proposed rule,
including the regulatory and
informational collection impacts of this
action on small businesses.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Order’s information
collection requirements have been
previously approved by the OMB and
assigned OMB No. 0581–0178 Vegetable
and Specialty Crops. No changes in
those requirements would be necessary
as a result of this proposed rule. Should
any changes become necessary, they
would be submitted to OMB for
approval.
This proposed rule would not impose
any additional reporting or
recordkeeping requirements on either
small or large South Texas onion
handlers. As with all Federal marketing
order programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this proposed rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposed rule.
List of Subjects in 7 CFR Part 959
Marketing agreements, Onions,
Reporting and recordkeeping
requirements.
VerDate Sep<11>2014
16:30 Mar 18, 2020
Jkt 250001
For the reasons set forth in the
preamble, 7 CFR part 959 is proposed to
be amended as follows:
PART 959—ONIONS GROWN IN
SOUTH TEXAS
1. The authority citation for 7 CFR
part 959 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 959.237 is revised to read
as follows:
■
§ 959.237
Assessment rate.
On and after August 1, 2019, an
assessment rate of $0.05 per 50-pound
equivalent is established for South
Texas onions.
Dated: March 12, 2020.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2020–05512 Filed 3–18–20; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0124]
RIN 1625–AA08
Special Local Regulations; Recurring
Marine Events in the Lake Michigan
Captain of the Port Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to amend the rules that regulate vessel
traffic and control navigation on
portions of waterways in the Lake
Michigan Captain of the Port Zone
during events that will introduce extra
or unusual hazards to the safety of life
on the navigable waters of the United
States. This proposed rulemaking will
reorganize five separate regulations of a
similar nature currently listed in the
Code of Federal Regulations (CFR) into
a single regulation, make minor
formatting changes for consistency,
move six existing events into this
regulation, update the dates listed for
events, and list these regulations in
table form. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 20, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0124 using the Federal
SUMMARY:
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
15745
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 Chief Petty
Officer Kyle Weitzell, Waterways
Management Division, Sector Lake
Michigan, U.S. Coast Guard; telephone
414–747–7148, email Kyle.W.Weitzell@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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
Marine events are held on a regularly
recurring basis on the navigable waters
of the Lake Michigan Captain of the Port
Zone (COTP). In the past, the Coast
Guard would issue special local
regulations for these events. The COTP
has determined that potential hazards
associated with the events exist, and
regulations have been issued to protect
safety of life and property for the
maritime public and event participants
from the hazards associated with these
events. In the past, the Coast Guard has
not received public comments or
concerns regarding impacts to waterway
traffic as a result of these regularly
recurring events.
This proposed rulemaking would
provide consistency to notify the public
in a timely manner through permanent
publication in Title 33 of the Code of
Federal Regulations. The table in this
proposed rule would list each regularly
recurring event requiring a special local
regulation, as administered by the Coast
Guard and enforced by COTP Lake
Michigan.
By consolidating these regulations
into a single regulation and making
minor formatting updates, the Coast
Guard will improve the accuracy of the
event and regulation information, make
the regulation easier to use, and reduce
the administrative burden to manage
multiple regulations. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70041 (previously
33 U.S.C. 1233).
III. Discussion of Proposed Rule
The COTP Lake Michigan is
proposing to consolidate all of the
E:\FR\FM\19MRP1.SGM
19MRP1
jbell on DSKJLSW7X2PROD with PROPOSALS
15746
Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Proposed Rules
regularly recurring marine events in the
Lake Michigan COTP Zone from 33 CFR
100.903 through § 100.910 into a single
table located in § 100.903, move six
existing events from 33 CFR 165.929
into this table in § 100.903, and make
minor formatting changes to ensure
consistency with listed dates, times, and
locations. In this rulemaking, the Coast
Guard proposes to remove §§ 100.906,
100.907, 100.909, and 100.910, and
revise § 100.903 to consolidate the
regulations contained in the abovementioned five regulations into a table
located within a single regulation,
making the regulations easier to use.
Aditionally, six existing events listed as
safety zones in 33 CFR 165.929,
specifically those events listed in
§§ Table 165.929(e)(30), Table
165.929(e)(51), Table 165.929(f)(17),
Table 165.929(f)(18), Table
165.929(g)(2), and Table 165.929(g)(4),
would be moved to § 100.903 without
making substantial modifications to the
application of these events. These
events are permitted Marine Events and
their inclusion in § 100.903 would be
more appropriate than in 33 CFR
165.929. Furthermore, the sponsors of
several events listed have changed the
dates that they hold their events
requiring the Coast Guard to issue
notices of enforcement for these changes
each year. Updating these dates will
eliminate the need to issue notices of
enforcement as a regular occurance.
Lastly, coordinates will all be listed in
degrees and decimal minutes format.
This rulemaking will not substantially
change the details of any event.
As large numbers of spectator vessels
and marine traffic are expected to
congregate around the event locations,
the regulated areas that would be listed
in the table are needed to protect both
spectators and event participants from
safety hazards associated with these
events. During the enforcement period
of the regulated areas, persons and
vessels would be prohibited from
entering, transiting through, and
remaining, anchoring, or mooring
within the regulated area unless
specifically authorized by the COTP or
a designated representative. The Coast
Guard may be assisted by other Federal,
State, or local agencies in the
enforcement of these regulated areas.
These events are listed below in the text
of the regulation.
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
VerDate Sep<11>2014
16:30 Mar 18, 2020
Jkt 250001
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
The Coast Guard has previously
promulgated special local regulations or
safety zones in § 100 and § 165,
respectively, for all event areas
contained within this proposed
regulation and has not received notice
of any negative impact caused by the
regulations. By consolidating these
regulations into a single regulation and
making minor formatting changes, the
Coast Guard will improve the accuracy
of this information, make the
regulations easier to use, and reduce the
administrative burden to manage
multiple regulations.
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 the safety
zone may be small entities, for the
reasons stated in section IV.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 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.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this proposed 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 call or email 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 would 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 call or email 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 would not result in such
an expenditure, we do discuss the
E:\FR\FM\19MRP1.SGM
19MRP1
15747
Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Proposed Rules
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), 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 the consolidation and
making minor formatting changes of five
existing special local regulations.
Normally such actions are categorically
excluded from further review under
paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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, call or email 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
submissions in response to this
document, see DHS’s Correspondence
System of Records notice (84 FR 48645,
September 26, 2018).
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
website’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 is proposing
to amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
■
2. Revise § 100.903 to read as follows:
§ 100.903 Recurring Marine Events in the
Lake Michigan Captain of the Port Zone.
(a) General.
(1) The regulations in this section,
along with the regulations of § 100.901,
apply to the marine events listed in
Table 1 to § 100.903.
(2) These regulations will be enforced
for the duration of each event, on or
about the dates indicated. Notice of the
exact dates and times of the effective
period of the regulations with respect to
each event, the location of the regulated
area, and details concerning of the event
will be made public by publication in
the Local Notices to Mariners and/or
Broadcast Notice to Mariners over VHF–
FM radio.
(3) The dates and times of these
events are subject to change. In the
event of a change to these events, the
Coast Guard will publish a Notice of
Enforcement with the exact dates and
times that the regulated area will be
enforced.
(4) Sponsors of events listed in the
table to § 100.903 are still required to
submit applications for marine event
permits in accordance with § 100.15.
(b) Special Local Regulations.
(1) No vessel may enter, transit
through, or anchor within the regulated
area of any event listed in Table 1 to
§ 100.903 which has been advertised in
accordance with paragraph (a)(2) above
without the permission of the Coast
Guard Patrol Commander.
(2) Vessel operators desiring to enter
or operate within the regulated area
shall contact the Coast Guard Patrol
Commander to obtain permission to do
so. Vessel operators given permission to
enter or operate within the regulated
area must comply with all directions
given to them by the Coast Guard Patrol
Commander.
(3) All geographic coordinates in
Table 1 to § 100.903 are North American
Datum of 1983 (NAD 83).
TABLE 1 TO § 100.903
Event
Sector Lake Michigan Special Local Regulations
jbell on DSKJLSW7X2PROD with PROPOSALS
(1) Harborfest Dragon Boat Race ...
(2) Summer in the City Waterski
Show.
(3) Celebrate Americafest Ski Show
VerDate Sep<11>2014
16:30 Mar 18, 2020
Date
South Haven, MI: All waters of the Black River, within an area bound 2 days; in mid-to-late June.
by the following coordinates:
42°24.227′ N, 086°16.683′ W, then southeast to.
42°24.210′ N, 086°16.667′ W, then northeast to.
42°24.320′ N, 086°16.442′ W, then northwest to.
42°24.337′ N, 086°16.457′ W, then returning to the point of origin.
Green Bay, WI: All waters of the Fox River from the Main Street Each Wednesday of July and AuBridge to the West Walnut Street Bridge between coordinates:
gust.
44°31.089′ N, 088°00.904′ W, then southwest to.
44°30.900′ N, 088°01.091′ W.
Green Bay, WI: All waters of the Fox River from the West Walnut 1 day; on or around July 4.
Street Bridge to the mouth of the East River between coordinates:
44°30.912′ N, 088°01.100′ W, then northeast to.
Jkt 250001
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
E:\FR\FM\19MRP1.SGM
19MRP1
15748
Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Proposed Rules
TABLE 1 TO § 100.903—Continued
Event
Sector Lake Michigan Special Local Regulations
(4) Grand Haven Coast Guard Festival.
(5) Milwaukee Venetian Boat Parade.
(6) Milwaukee Open Water Swim ...
(7) Sister Bay Marinafest Ski Show
(8) Milwaukee Harborfest Boat Parade.
(9) Milwaukee River Challenge .......
44°31.337′ N, 088°00.640′ W.
Grand Haven, MI: All waters of the Grand River, within an area
bound by the following coordinates:
43°04.000′ N, 086°14.200′ W, then east to.
43°03.933′ N, 086°14.067′ W, then south to.
43°03.750′ N, 086°14.167′ W, then west to.
43°03.800′ N, 086°14.283′ W, then returning to the point of origin.
Milwaukee, WI: All waters of Lake Michigan within the Milwaukee
Harbor and the Milwaukee River from McKinley Marina, along the
Veteran’s Park shoreline, to the Milwaukee Art Museum between
coordinates:
43°02.066′ N, 087°52.966′ W, then southwest to.
43°02.483′ N, 087°53.683′ W, then south to.
43°02.366′ N, 087°53.700′ W.
Milwaukee, WI: All waters of the Milwaukee River from the confluence with the Kinnickinnic River to the I–794 Bridge between coordinates:
43°01.532′ N, 087°54.182′ W, then northwest to.
43°02.154′ N, 087°54.597′ W.
Sister Bay, WI: All waters of Sister Bay within an 800 foot radius of
the following coordinates:
45°11.585′ N, 087°07.392′ W.
Milwaukee, WI: All waters of the Milwaukee River from the North Holton Street Bridge to the confluence with the Kinnickinnic River between coordinates:
43°03.284′ N, 087°54.267′ W, then south to.
43°01.524′ N, 087°54.173′ W and.
All water of the Kinnickinnic River from the confluence with the Milwaukee River to the Municipal Mooring Basin between coordinates:
43°01.524′ N, 087°54.173′ W, then south to.
43°00.829′ N, 087°54.075′ W.
Milwaukee, WI: All waters of the Milwaukee River from the confluence with the Menomonee River and the East Pleasant Street
Bridge between coordinates:
43°01.915′ N, 087°54.627′ W, then north to.
43°03.095′ N, 087°54.468′ W and.
All waters of the Menomonee River from the North 25th Street Bridge
to the confluence with the Milwaukee River between coordinates:
43°01.957′ N, 087°56.682′ W, then east to.
43°01.915′ N, 087°54.627′ W.
2 weeks; in late July and/or early
August.
1 day; the third Saturday of August.
1 day; the first or second Saturday
of August.
1 day; the last week of August or
first week of September.
1 day; the first or second weekend
of September.
1 day; the third Saturday of September.
Event
Marine Safety Unit Chicago Special Local Regulations
Date
(10) Chinatown Chamber of Commerce Dragon Boat Race.
Chicago, IL: All waters of the South Branch of the Chicago River
from the West 18th Street Bridge to the Amtrak Bridge between coordinates:
41°51.467′ N, 087°38.100′ W, then southwest to.
41°51.333′ N, 087°38.217′ W.
Blue Island, IL: All waters of the Calumet Sag Channel from the
South Halstead Street Bridge to the Crawford Avenue Bridge between coordinates:
41°39.450′ N, 087°38.483′ W, then southwest to.
41°39.083′ N, 087°43.483′ W and.
All waters of the Little Calumet River from the Ashland Avenue
Bridge to the junction of the Calumet Sag Channel between coordinates:
41°39.117′ N, 087°39.633′ W, then northeast to.
41°39.374′ N, 087°39.001′ W.
2 days; The second Friday and
Saturday of July.
(11) Southland Regatta ...................
jbell on DSKJLSW7X2PROD with PROPOSALS
Date
VerDate Sep<11>2014
17:24 Mar 18, 2020
Jkt 250001
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
E:\FR\FM\19MRP1.SGM
2 days; the first Sunday of November and the Saturday prior to it.
19MRP1
Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Proposed Rules
§§ 100.906, 100.907, 100.909, and 100.910
[Removed]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
3. Remove §§ 100.906, 100.907,
100.909, and 100.910
■
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
Dated: March 5, 2020.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2020–05729 Filed 3–18–20; 8:45 am]
II. Background, Purpose, and Legal
Basis
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0125]
RIN 1625–AA00
Safety Zones; Annual Events
Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to amend the rules that regulate vessel
traffic and control navigation on
portions of waterways in the Lake
Michigan Captain of the Port Zone
during events that will introduce safety
concerns to life and property on the
navigable waters of the United States.
This proposed rulemaking will
reorganize the table listing these safety
zones into four separate tables organized
by the State in which the safety zone
occurs, make minor formatting changes
for consistency, update the dates listed
for some events, consolidate one safety
zone, and remove six safety zones that
are no longer necessary. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 20, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0125 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.
jbell on DSKJLSW7X2PROD with PROPOSALS
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Chief Petty
Officer Kyle Weitzell, Waterways
Management Division, Sector Lake
Michigan, U.S. Coast Guard; telephone
414–747–7148, email Kyle.W.Weitzell@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
16:30 Mar 18, 2020
Jkt 250001
Recurring events are held on a regular
basis on the navigable waters of the
Captain of the Port Lake Michigan Zone
(COTP) . In the past, the Coast Guard
would establish safety zones for these
events due to safety conerns specific to
each event, primarily fireworks or
localized community events which do
not require a Coast Guard issued permit
and are not subject to the special local
regulations of 33 CFR 100. The COTP
has determined that potential hazards
associated with the events exist, and
these safety zones have been established
to protect safety of life and property for
the maritime public and event
participants from the hazards associated
with these events. In the past, the Coast
Guard has not received public
comments or concerns regarding
impacts to waterway traffic as a result
of these regularly recurring safety zones.
This proposed rulemaking would
provide consistency to notify the public
in a timely manner through permanent
publication in Title 33 of the Code of
Federal Regulations. The table in this
proposed rule would list each regularly
recurring safety zone, as administered
by the Coast Guard and enforced by
COTP Lake Michigan.
By consolidating two regulations into
a single regulation and making the
proposed formatting updates, the Coast
Guard will improve the accuracy of this
information, make the regulations easier
to use, and reduce the administrative
burden to manage multiple regulations.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Lake Michigan is
proposing to reorganize the one table
listing these safety zones into four
separate tables organized by the State in
which the safety zone occurs, make
minor formatting changes for
consistency, update the dates listed for
some events, consolidate two
regulations into a single regulation, and
remove six safety zones. In this
rulemaking, the Coast Guard proposes to
remove § 165.935 and revise § 165.929
to consolidate the regulation contained
§ 165.935 into Table 4 of § 165.929.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
15749
Aditionally, six existing events listed as
safety zones in 33 CFR 165.929,
specifically those events listed in
§§ Table 165.929(e)(30), Table
165.929(e)(51), Table 165.929(f)(17),
Table 165.929(f)(18), Table
165.929(g)(2), and Table 165.929(g)(4),
would be moved to § 100.903 through a
separate rulemaking (Docket Number
USCG–2020–0124). Furthermore, the
sponsors of several events listed have
changed the dates that they hold their
events, requiring the Coast Guard issue
notices of enforcement for these changes
each year. Updating these dates will
eliminate the need to issue notices of
enforcement as a regular occurance.
Lastly, the table of safety zones in
§ 165.929 would be reformatted into
four separate tables, organized by the
State in which the safety zone occurs.
Each safety zone would be listed
chronologically and then alphabetically
by city. This rulemaking will not
substantially change the details of any
event.
As large numbers of spectator vessels
and marine traffic are expected to
congregate around the event locations or
due to inherent risks involved in certain
types of waterway activities, the
regulated areas that would be listed in
the table are needed to protect all
waterway users. During the enforcement
period of the regulated areas, persons
and vessels would be prohibited from
entering, transiting through, and
remaining, anchoring, or mooring
within the regulated area unless
specifically authorized by the COTP or
a designated representative. The Coast
Guard may be assisted by other Federal,
State, or local agencies in the
enforcement of these regulated areas.
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
Executive Orders 12866 and 13563
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
E:\FR\FM\19MRP1.SGM
19MRP1
]]>Agencies
[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Proposed Rules]
[Pages 15745-15749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05729]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0124]
RIN 1625-AA08
Special Local Regulations; Recurring Marine Events in the Lake
Michigan Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to amend the rules that regulate
vessel traffic and control navigation on portions of waterways in the
Lake Michigan Captain of the Port Zone during events that will
introduce extra or unusual hazards to the safety of life on the
navigable waters of the United States. This proposed rulemaking will
reorganize five separate regulations of a similar nature currently
listed in the Code of Federal Regulations (CFR) into a single
regulation, make minor formatting changes for consistency, move six
existing events into this regulation, update the dates listed for
events, and list these regulations in table form. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 20, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0124 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 Chief Petty Officer Kyle Weitzell,
Waterways Management Division, Sector Lake Michigan, U.S. Coast Guard;
telephone 414-747-7148, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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
Marine events are held on a regularly recurring basis on the
navigable waters of the Lake Michigan Captain of the Port Zone (COTP).
In the past, the Coast Guard would issue special local regulations for
these events. The COTP has determined that potential hazards associated
with the events exist, and regulations have been issued to protect
safety of life and property for the maritime public and event
participants from the hazards associated with these events. In the
past, the Coast Guard has not received public comments or concerns
regarding impacts to waterway traffic as a result of these regularly
recurring events.
This proposed rulemaking would provide consistency to notify the
public in a timely manner through permanent publication in Title 33 of
the Code of Federal Regulations. The table in this proposed rule would
list each regularly recurring event requiring a special local
regulation, as administered by the Coast Guard and enforced by COTP
Lake Michigan.
By consolidating these regulations into a single regulation and
making minor formatting updates, the Coast Guard will improve the
accuracy of the event and regulation information, make the regulation
easier to use, and reduce the administrative burden to manage multiple
regulations. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041 (previously 33 U.S.C. 1233).
III. Discussion of Proposed Rule
The COTP Lake Michigan is proposing to consolidate all of the
[[Page 15746]]
regularly recurring marine events in the Lake Michigan COTP Zone from
33 CFR 100.903 through Sec. 100.910 into a single table located in
Sec. 100.903, move six existing events from 33 CFR 165.929 into this
table in Sec. 100.903, and make minor formatting changes to ensure
consistency with listed dates, times, and locations. In this
rulemaking, the Coast Guard proposes to remove Sec. Sec. 100.906,
100.907, 100.909, and 100.910, and revise Sec. 100.903 to consolidate
the regulations contained in the above-mentioned five regulations into
a table located within a single regulation, making the regulations
easier to use. Aditionally, six existing events listed as safety zones
in 33 CFR 165.929, specifically those events listed in Sec. Sec. Table
165.929(e)(30), Table 165.929(e)(51), Table 165.929(f)(17), Table
165.929(f)(18), Table 165.929(g)(2), and Table 165.929(g)(4), would be
moved to Sec. 100.903 without making substantial modifications to the
application of these events. These events are permitted Marine Events
and their inclusion in Sec. 100.903 would be more appropriate than in
33 CFR 165.929. Furthermore, the sponsors of several events listed have
changed the dates that they hold their events requiring the Coast Guard
to issue notices of enforcement for these changes each year. Updating
these dates will eliminate the need to issue notices of enforcement as
a regular occurance. Lastly, coordinates will all be listed in degrees
and decimal minutes format. This rulemaking will not substantially
change the details of any event.
As large numbers of spectator vessels and marine traffic are
expected to congregate around the event locations, the regulated areas
that would be listed in the table are needed to protect both spectators
and event participants from safety hazards associated with these
events. During the enforcement period of the regulated areas, persons
and vessels would be prohibited from entering, transiting through, and
remaining, anchoring, or mooring within the regulated area unless
specifically authorized by the COTP or a designated representative. The
Coast Guard may be assisted by other Federal, State, or local agencies
in the enforcement of these regulated areas. These events are listed
below in the text of the regulation.
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
Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
The Coast Guard has previously promulgated special local
regulations or safety zones in Sec. 100 and Sec. 165, respectively,
for all event areas contained within this proposed regulation and has
not received notice of any negative impact caused by the regulations.
By consolidating these regulations into a single regulation and making
minor formatting changes, the Coast Guard will improve the accuracy of
this information, make the regulations easier to use, and reduce the
administrative burden to manage multiple regulations.
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 the
safety zone may be small entities, for the reasons stated in section
IV.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 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 (Public Law 104-121), we want to assist small
entities in understanding this proposed 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 call or email 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 would 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 call or email 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 would not
result in such an expenditure, we do discuss the
[[Page 15747]]
effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 the
consolidation and making minor formatting changes of five existing
special local regulations. Normally such actions are categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record
of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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, call or email 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
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
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 website'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 is
proposing 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Revise Sec. 100.903 to read as follows:
Sec. 100.903 Recurring Marine Events in the Lake Michigan Captain of
the Port Zone.
(a) General.
(1) The regulations in this section, along with the regulations of
Sec. 100.901, apply to the marine events listed in Table 1 to Sec.
100.903.
(2) These regulations will be enforced for the duration of each
event, on or about the dates indicated. Notice of the exact dates and
times of the effective period of the regulations with respect to each
event, the location of the regulated area, and details concerning of
the event will be made public by publication in the Local Notices to
Mariners and/or Broadcast Notice to Mariners over VHF-FM radio.
(3) The dates and times of these events are subject to change. In
the event of a change to these events, the Coast Guard will publish a
Notice of Enforcement with the exact dates and times that the regulated
area will be enforced.
(4) Sponsors of events listed in the table to Sec. 100.903 are
still required to submit applications for marine event permits in
accordance with Sec. 100.15.
(b) Special Local Regulations.
(1) No vessel may enter, transit through, or anchor within the
regulated area of any event listed in Table 1 to Sec. 100.903 which
has been advertised in accordance with paragraph (a)(2) above without
the permission of the Coast Guard Patrol Commander.
(2) Vessel operators desiring to enter or operate within the
regulated area shall contact the Coast Guard Patrol Commander to obtain
permission to do so. Vessel operators given permission to enter or
operate within the regulated area must comply with all directions given
to them by the Coast Guard Patrol Commander.
(3) All geographic coordinates in Table 1 to Sec. 100.903 are
North American Datum of 1983 (NAD 83).
Table 1 to Sec. 100.903
------------------------------------------------------------------------
Sector Lake Michigan
Event Special Local Date
Regulations
------------------------------------------------------------------------
(1) Harborfest Dragon Boat South Haven, MI: All 2 days; in mid-
Race. waters of the Black to-late June.
River, within an area
bound by the
following
coordinates:
42[deg]24.227' N,
086[deg]16.683' W,
then southeast to.
42[deg]24.210' N,
086[deg]16.667' W,
then northeast to.
42[deg]24.320' N,
086[deg]16.442' W,
then northwest to.
42[deg]24.337' N,
086[deg]16.457' W,
then returning to
the point of
origin.
(2) Summer in the City Green Bay, WI: All Each Wednesday
Waterski Show. waters of the Fox of July and
River from the Main August.
Street Bridge to the
West Walnut Street
Bridge between
coordinates:
44[deg]31.089' N,
088[deg]00.904' W,
then southwest to.
44[deg]30.900' N,
088[deg]01.091' W.
(3) Celebrate Americafest Ski Green Bay, WI: All 1 day; on or
Show. waters of the Fox around July 4.
River from the West
Walnut Street Bridge
to the mouth of the
East River between
coordinates:
44[deg]30.912' N,
088[deg]01.100' W,
then northeast to.
[[Page 15748]]
44[deg]31.337' N,
088[deg]00.640' W.
(4) Grand Haven Coast Guard Grand Haven, MI: All 2 weeks; in late
Festival. waters of the Grand July and/or
River, within an area early August.
bound by the
following
coordinates:
43[deg]04.000' N,
086[deg]14.200' W,
then east to.
43[deg]03.933' N,
086[deg]14.067' W,
then south to.
43[deg]03.750' N,
086[deg]14.167' W,
then west to.
43[deg]03.800' N,
086[deg]14.283' W,
then returning to
the point of
origin.
(5) Milwaukee Venetian Boat Milwaukee, WI: All 1 day; the third
Parade. waters of Lake Saturday of
Michigan within the August.
Milwaukee Harbor and
the Milwaukee River
from McKinley Marina,
along the Veteran's
Park shoreline, to
the Milwaukee Art
Museum between
coordinates:
43[deg]02.066' N,
087[deg]52.966' W,
then southwest to.
43[deg]02.483' N,
087[deg]53.683' W,
then south to.
43[deg]02.366' N,
087[deg]53.700' W.
(6) Milwaukee Open Water Swim. Milwaukee, WI: All 1 day; the first
waters of the or second
Milwaukee River from Saturday of
the confluence with August.
the Kinnickinnic
River to the I-794
Bridge between
coordinates:
43[deg]01.532' N,
087[deg]54.182' W,
then northwest to.
43[deg]02.154' N,
087[deg]54.597' W.
(7) Sister Bay Marinafest Ski Sister Bay, WI: All 1 day; the last
Show. waters of Sister Bay week of August
within an 800 foot or first week
radius of the of September.
following
coordinates:
45[deg]11.585' N,
087[deg]07.392' W.
(8) Milwaukee Harborfest Boat Milwaukee, WI: All 1 day; the first
Parade. waters of the or second
Milwaukee River from weekend of
the North Holton September.
Street Bridge to the
confluence with the
Kinnickinnic River
between coordinates:
43[deg]03.284' N,
087[deg]54.267' W,
then south to.
43[deg]01.524' N,
087[deg]54.173' W
and.
All water of the
Kinnickinnic River
from the confluence
with the Milwaukee
River to the
Municipal Mooring
Basin between
coordinates:
43[deg]01.524' N,
087[deg]54.173' W,
then south to.
43[deg]00.829' N,
087[deg]54.075' W.
(9) Milwaukee River Challenge. Milwaukee, WI: All 1 day; the third
waters of the Saturday of
Milwaukee River from September.
the confluence with
the Menomonee River
and the East Pleasant
Street Bridge between
coordinates:
43[deg]01.915' N,
087[deg]54.627' W,
then north to.
43[deg]03.095' N,
087[deg]54.468' W
and.
All waters of the
Menomonee River from
the North 25th Street
Bridge to the
confluence with the
Milwaukee River
between coordinates:
43[deg]01.957' N,
087[deg]56.682' W,
then east to.
43[deg]01.915' N,
087[deg]54.627' W.
------------------------------------------------------------------------
Marine Safety Unit
Event Chicago Special Local Date
Regulations
------------------------------------------------------------------------
(10) Chinatown Chamber of Chicago, IL: All 2 days; The
Commerce Dragon Boat Race. waters of the South second Friday
Branch of the Chicago and Saturday of
River from the West July.
18th Street Bridge to
the Amtrak Bridge
between coordinates:
41[deg]51.467' N,
087[deg]38.100' W,
then southwest to.
41[deg]51.333' N,
087[deg]38.217' W.
(11) Southland Regatta........ Blue Island, IL: All 2 days; the
waters of the Calumet first Sunday of
Sag Channel from the November and
South Halstead Street the Saturday
Bridge to the prior to it.
Crawford Avenue
Bridge between
coordinates:
41[deg]39.450' N,
087[deg]38.483' W,
then southwest to.
41[deg]39.083' N,
087[deg]43.483' W
and.
All waters of the
Little Calumet River
from the Ashland
Avenue Bridge to the
junction of the
Calumet Sag Channel
between coordinates:
41[deg]39.117' N,
087[deg]39.633' W,
then northeast to.
41[deg]39.374' N,
087[deg]39.001' W.
------------------------------------------------------------------------
[[Page 15749]]
Sec. Sec. 100.906, 100.907, 100.909, and 100.910 [Removed]
0
3. Remove Sec. Sec. 100.906, 100.907, 100.909, and 100.910
Dated: March 5, 2020.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2020-05729 Filed 3-18-20; 8:45 am]
BILLING CODE 9110-04-P
