Special Local Regulations; Recurring Marine Events in the Lake Michigan Captain of the Port Zone, 33547-33550 [2020-09878]
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Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Rules and Regulations
33547
TABLE 1 TO § 100.704—SPECIAL LOCAL REGULATIONS; MARINE EVENTS WITHIN THE CAPTAIN OF THE PORT
CHARLESTON—Continued
[Datum NAD 1983]
Date/time
Time (Approximate): 4
p.m. to 9 p.m.
§ 100.713
■
Event/sponsor
Location
Regulated area
Charleston Parade of
Boats.
Sponsor: City of Charleston, SC Office of Cultural
Affairs.
Charleston, SC ..................
Location: Charleston harbor, South Carolina, from Anchorage A through Shutes Folly, Horse Reach, Hog
Island Reach, Town Creek Lower Reach, Ashley
River, and finishing at City Marina.
[Removed]
telephone 414–747–7148, email
Kyle.W.Weitzell@uscg.mil.
4. Remove § 100.713.
SUPPLEMENTARY INFORMATION:
Dated: April 17, 2020.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port, Charleston.
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
[FR Doc. 2020–08709 Filed 6–1–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
II. Background Information and
Regulatory History
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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is updating
its recurring special local regulations for
marine events located within the
Captain of the Port Lake Michigan zone.
This rule reorganizes five separate
regulations of a similar nature currently
listed in the Code of Federal Regulations
into a single regulation, makes minor
formatting changes for consistency,
moves six existing events into this
regulation, updates the dates listed for
events, and lists these regulations in
table form.
DATES: This rule is effective July 2,
2020.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0124 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 on this rule, call or
email Chief Petty Officer Kyle Weitzell,
Waterways Management Division,
Sector Lake Michigan, U.S. Coast Guard;
khammond on DSKJM1Z7X2PROD with RULES
ADDRESSES:
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On March 19, 2020, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Special
Local Regulations; Recurring Marine
Events in the Lake Michigan Captain of
the Port Zone’’ (85 FR 15745). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action to revise special local
regulations regarding recurring marine
events within the Captain of the Port
Lake Michigan (COTP) zone. During the
comment period that ended April 20,
2020, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that the likely
combination of recreactional vessels,
commercial vessels, and an unknown
number of spectators in close proximity
to these various recurring marine events
in and on the navigable waters of the
United States pose a extra or unusual
hazards to the safety of life on those
waters. Therefore, the COTP has
established special local regulations
around the event locations listed in this
rule to help miniminze risks to safety of
life during these events. This rule
consolidates and makes minor
formatting updates to existing
regulations.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
March 19, 2020. There are no changes
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Sfmt 4700
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule reorganizes five separate
regulations of a similar nature currently
listed in the Code of Federal Regulations
(CFR) into a single regulation, makes
minor formatting changes for
consistency, moves six existing events
into this regulation, updates the dates
listed for events, and lists these
regulations in table form.
V. 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
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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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.
This regulatory action determination
is based on the size, location, and
duration of these special local
regulations. These regulations will be in
effect only during the recurring marine
events listed in this regulations for
which the COTP has determined pose
risks to the safety of life on waters of the
United States. The size, location, and
duration of these regulations will be
limited to the extent necessary to
minimize these risks. Moreover, the
COTP will make advance notice of the
enforcement of these regulations
through the Local Notice to Mariners
and/or Broacast Notice to Mariners. This
regulation also provides a means for
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Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Rules and Regulations
D. Federalism and Indian Tribal
Governments
anyone needing to transit through or
within a regulated area to seek
permission from the COTP.
khammond on DSKJM1Z7X2PROD with RULES
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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the regulated
areas listed in this regulation 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.
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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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).
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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 does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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
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
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
involves the consolidation of and minor
formatting changes for five existing
special local regulations. It is
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Memorandum for Record for
Categorically Excluded Actions
supporting this determination is
available in the docket. For instructions
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Sfmt 4700
on locating the docket, see the
section of this preamble.
ADDRESSES
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.
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
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 this section.
(2) The regulations in this section 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 in
this section 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 table
1 to § this section 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 this section
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
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Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Rules and Regulations
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.
33549
(3) All geographic coordinates in table
1 to this section are North American
Datum of 1983 (NAD 83).
TABLE 1 TO § 100.903
Event
Sector Lake Michigan special local regulations
(1) Harborfest Dragon Boat Race ..
South Haven, MI: All waters of the Black River, within an area bound
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
Bridge to the West Walnut Street Bridge between coordinates:
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
Street Bridge to the mouth of the East River between coordinates:
44°30.912′ N, 088°01.100′ W, then northeast to
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) Summer in the City Waterski
Show.
(3) Celebrate
Show.
Americafest
Ski
(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.
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(9) Milwaukee River Challenge ......
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Date
2 days; in mid-to-late June.
Each Wednesday of July and August.
1 day; on or around July 4.
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.
02JNR1
33550
Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Rules and Regulations
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 ..................
§§ 100.906, 100.907, 100.909, and 100.910
[Removed]
If
you have questions about this
rulemaking, call or email Mr. Doug
Blakemore, Eighth Coast Guard District
Bridge Administrator; telephone (504)
671–2128, email Douglas.A.Blakemore@
uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
3. Remove §§ 100.906, 100.907,
100.909, and 100.910
■
Dated: May 5, 2020.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2020–09878 Filed 6–1–20; 8:45 am]
I. Table of Abbreviations
BILLING CODE 9110–04–P
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
NSRR Norfolk Southern Railroad
§ Section
U.S.C. United States Code
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0108]
RIN 1625–AA09
Drawbridge Operation Regulation;
Tombigbee River, Near Jackson,
Alabama
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the operating schedule that governs the
Norfolk Southern Railroad (NSRR)
vertical lift bridge across the Tombigbee
River, mile 89.9, near Jackson, between
Washington and Clarke Counties,
Alabama. This rule moves the current
onsite bridge tender control station to a
geographically remote centralized
control point located in Decatur, AL.
DATES: This rule is effective July 2,
2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2017–0108 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
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II. Background Information and
Regulatory History
The NSRR vertical lift bridge is
maintained in the open to vessel
position except when trains need to
pass or when maintenance is performed.
This bridge has a 44.09′ above normal
pool elevation vertical clearance in the
closed to vessel position and a vertical
clearance of 73′ above normal pool
elevation when raised to its maximum
height. The bridge has a 300′ horizontal
clearance. This bridge is located on a
major commercial waterway used
primarily by tugs, tows and barges. The
drawbridge is regulated under 33 CFR
117.5 and opens on signal.
NSRR has developed a system of
closed circuit cameras (CCTV), infrared
sensors, VHF and landline
communications, positive train control
dispatch, programmable logic control,
display monitors, vessel identification
systems and procedures that allow a
remote operator to perform all
assignments of an onsite drawtender.
In December 2016 NSRR requested to
operate the Tombigbee River bridge
from a remote NSRR location in
Decatur, AL. NSRR informed the Coast
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2 days; the first Sunday of November and the Saturday prior to it.
Guard that the bridge would operate
under the following conditions.
(1) The draw would be maintained in
the fully open to navigation position for
vessels at all times, except during
periods when it would be closed for the
passage of rail traffic or to perform
periodic maintenance authorized in
accordance with the regulations.
(2) The draw would be remotely
operated by the drawtender located at
Norfolk Southern’s drawbridge in
Decatur, Alabama. The estimated
duration that the bridge would
remained closed for the passage of rail
traffic would be 10 to 15 minutes per
operation.
(3) When a train approached the
bridge, the drawtender would initiate
the bridge closing warning signal,
consisting of radio calls via VHF–FMchannels 13 and 16 and activation of
flashing red warning lights at each end
of the span. The radio calls would be
broadcast at five (5) minutes prior to
bridge closing and at two (2) minutes
prior to bridge closing. Photoelectric
(infrared) boat detectors would monitor
the waterway beneath the bridge for the
presence of vessels.
(4) The drawtender would
continuously monitor waterway traffic
in the area using closed-circuit cameras
mounted on the bridge. The draw would
only be closed if the drawtender’s visual
inspection indicated that the channel
was clear and there were no vessels
transiting in the area. The drawtender
would maintain constant surveillance of
the navigation channel to ensure that no
conflict with maritime traffic existed.
Additionally, the draw would not be
closed if the S11 bascule bridge that is
located immediately west of the railroad
bridge was in the open-to-navigation
position. If two or more closed-circuit
cameras were to become inoperable or if
there was inclement weather, the draw
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]]>Agencies
[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Rules and Regulations]
[Pages 33547-33550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09878]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is updating its recurring special local
regulations for marine events located within the Captain of the Port
Lake Michigan zone. This rule reorganizes five separate regulations of
a similar nature currently listed in the Code of Federal Regulations
into a single regulation, makes minor formatting changes for
consistency, moves six existing events into this regulation, updates
the dates listed for events, and lists these regulations in table form.
DATES: This rule is effective July 2, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0124 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 on this rule,
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 Information and Regulatory History
On March 19, 2020, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Special Local Regulations; Recurring Marine
Events in the Lake Michigan Captain of the Port Zone'' (85 FR 15745).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action to revise special local regulations
regarding recurring marine events within the Captain of the Port Lake
Michigan (COTP) zone. During the comment period that ended April 20,
2020, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that the
likely combination of recreactional vessels, commercial vessels, and an
unknown number of spectators in close proximity to these various
recurring marine events in and on the navigable waters of the United
States pose a extra or unusual hazards to the safety of life on those
waters. Therefore, the COTP has established special local regulations
around the event locations listed in this rule to help miniminze risks
to safety of life during these events. This rule consolidates and makes
minor formatting updates to existing regulations.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
19, 2020. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule reorganizes five separate regulations of a similar nature
currently listed in the Code of Federal Regulations (CFR) into a single
regulation, makes minor formatting changes for consistency, moves six
existing events into this regulation, updates the dates listed for
events, and lists these regulations in table form.
V. 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
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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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.
This regulatory action determination is based on the size,
location, and duration of these special local regulations. These
regulations will be in effect only during the recurring marine events
listed in this regulations for which the COTP has determined pose risks
to the safety of life on waters of the United States. The size,
location, and duration of these regulations will be limited to the
extent necessary to minimize these risks. Moreover, the COTP will make
advance notice of the enforcement of these regulations through the
Local Notice to Mariners and/or Broacast Notice to Mariners. This
regulation also provides a means for
[[Page 33548]]
anyone needing to transit through or within a regulated area to seek
permission from the COTP.
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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated areas listed in this regulation 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.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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 does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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
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 determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
involves the consolidation of and minor formatting changes for five
existing special local regulations. It is categorically excluded from
further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for Record for
Categorically Excluded Actions supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
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.
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: 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 this section.
(2) The regulations in this section 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 in
this section 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 table 1 to Sec. this section 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 this section 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
[[Page 33549]]
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 this section are North
American Datum of 1983 (NAD 83).
Table 1 to Sec. 100.903
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Event Sector Lake Michigan special local regulations Date
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(1) Harborfest Dragon Boat Race..... South Haven, MI: All waters of the Black River, within an area bound by the following 2 days; in mid-to-late
coordinates: June.
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 Waterski Show Green Bay, WI: All waters of the Fox River from the Main Street Bridge to the West Walnut Each Wednesday of July
Street Bridge between coordinates: and August.
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 Show.. Green Bay, WI: All waters of the Fox River from the West Walnut Street Bridge to the mouth 1 day; on or around
of the East River between coordinates: July 4.
44[deg]30.912' N, 088[deg]01.100' W, then northeast to
44[deg]31.337' N, 088[deg]00.640' W
(4) Grand Haven Coast Guard Festival Grand Haven, MI: All waters of the Grand River, within an area bound by the following 2 weeks; in late July
coordinates: and/or early August.
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 Parade.. Milwaukee, WI: All waters of Lake Michigan within the Milwaukee Harbor and the Milwaukee 1 day; the third
River from McKinley Marina, along the Veteran's Park shoreline, to the Milwaukee Art Saturday of August.
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 waters of the Milwaukee River from the confluence with the Kinnickinnic 1 day; the first or
River to the I-794 Bridge between coordinates: second Saturday of
August.
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 Show.. Sister Bay, WI: All waters of Sister Bay within an 800 foot radius of the following 1 day; the last week
coordinates: of August or first
week of September.
45[deg]11.585' N, 087[deg]07.392' W
(8) Milwaukee Harborfest Boat Parade Milwaukee, WI: All waters of the Milwaukee River from the North Holton Street Bridge to 1 day; the first or
the confluence with the Kinnickinnic River between coordinates: second weekend of
September.
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 waters of the Milwaukee River from the confluence with the Menomonee 1 day; the third
River and the East Pleasant Street Bridge between coordinates: Saturday of
September.
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
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[[Page 33550]]
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Event Marine safety unit Chicago special local regulations Date
--------------------------------------------------------------------------------------------------------------------------------------------------------
(10) Chinatown Chamber of Commerce Chicago, IL: All waters of the South Branch of the Chicago River from the West 18th Street 2 days; The second
Dragon Boat Race. Bridge to the Amtrak Bridge between coordinates: Friday and Saturday
of July.
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 waters of the Calumet Sag Channel from the South Halstead Street 2 days; the first
Bridge to the Crawford Avenue Bridge between coordinates: Sunday of November
and the Saturday
prior to it.
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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: May 5, 2020.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2020-09878 Filed 6-1-20; 8:45 am]
BILLING CODE 9110-04-P
