

[Federal Register: September 27, 2007 (Volume 72, Number 187)]
[Rules and Regulations]
[Page 54832-54835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se07-11]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2007-27373]
RIN 1625-AA08


Regattas and Marine Parades; Great Lake Annual Marine Events.

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending special local regulations for
annual regattas and marine parades in the Captain of the Port Lake
Michigan zone. This rule is intended to ensure safety of life on the
navigable waters immediately prior to, during, and immediately after
regattas or marine parades. This rule will establish restrictions upon,
and control the movement of, vessels in a specified area immediately
prior to, during, and immediately after regattas or marine parades.

DATES: This rule is effective October 29, 2007.

ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket USCG-2007-27373 and are available for inspection or
copying at the Docket Management Facility at the U.S. Department of
Transportation:
    (1) Web Site: http://dms.dot.gov.

    (2) Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590.
    (3) Fax: (202) 493-2251.
    (4) Delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is (202) 366-9329.
    (5) Federal eRulemaking Portal: http://www.regulations.gov.


FOR FURTHER INFORMATION CONTACT: CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI; (414) 747-
7154. If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations, at
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 6, 2007, we published a notice of proposed rule making
(NPRM) entitled Regattas and Marine Parades; Great Lake Annual Marine
Events in the Federal Register (72 FR 17062). We received no letters
commenting on the proposed rule. No public meeting was requested, and
none was held.

Background and Purpose

    This rule will remove the specific entries from table 1 found in 33
CFR 100.901, Great Lakes annual marine events that apply to regattas
and marines parades in the Captain of the Port Lake Michigan zone and
list each regatta or marine parade as a subpart. This rule will also
add several regattas and marine parades not previously listed in 33 CFR
Part 100 and remove several events that no longer occur annually or are
not regattas or marine parades.
    This rule is necessary to ensure the safety of vessels and
spectators from hazards associated with regattas and marine parades.
Based on accidents that have occurred in other Captain of the Port
zones, the Captain of the Port Lake

[[Page 54833]]

Michigan has determined that regattas and marine parades pose a
significant risk to public safety and property. The likely combination
of large numbers of recreation vessels, congested waterways, and
alcohol use could easily result in serious injuries or fatalities.
Restricting and controlling vessel movement around the regattas and
marine parades will help ensure the safety of persons and property at
these events, and help minimize the associated risks.

Discussion of Comments and Changes

    No comments were received regarding this rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed this rule under that Order.
    The Coast Guard's use of these special local regulations will be
periodic, of short duration, and designed to minimize the impact on
navigable waters. These special local regulations will only be enforced
immediately before, during, and immediately after the time the marine
events occur. Furthermore, these special local regulations have been
designed to allow vessels to transit unrestricted to portions of the
waterways not affected by the special local regulations. The Coast
Guard expects insignificant adverse impact to mariners from the
activation of these special local regulations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in the areas designated in special local regulations
in this rule during the dates and times the special local regulations
are being enforced.
    These special local regulations would not have a significant
economic impact on a substantial number of small entities for the
following reasons. The special local regulations in this rule would be
in effect for short periods of time and only once per year. The special
local regulations have been designed to allow traffic to pass safely
around the zone whenever possible, and vessels will be allowed to pass
through the zones with the permission of the Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these regulations and fishing rights
protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes
that have questions concerning the provisions of this Rule or options
for compliance are encouraged to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect

[[Page 54834]]

on the supply, distribution, or use of energy. The Administrator of the
Office of Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph 34 (h) of the Instruction from further environmental
documentation. This rule establishes a special local regulation issued
in conjunction with a regatta or marine parade regulated, and as such
is covered by this paragraph.
    A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


Sec.  100.901  [Amended]

0
2. Amend Sec.  100.901 Table 1 as follows:
0
a. Under entry for ``Sector Sault Ste. Marie, MI'' remove the entries:
National Cherry Festival Blue Angels Air Demonstration and Venetian
Festival Yacht Parade;
0
b. Remove the entry for ``Field Office Grand Haven, MI''; and
0
c. Remove the entry ``Group Sector Lake Michigan, WI''.

0
3. Add Sec.  100.903 to read as follows:


Sec.  100.903  Harborfest Dragon Boat Race; South Haven, MI.

    (a) Regulated Area. A regulated area is established to include all
waters of the Black River from approximately 250 yards upriver to 200
yards downriver of the entrance to the South Haven Municipal Marina
within the following coordinates starting at 42[deg]24'13.6'' N,
086[deg]16'41'' W; then southeast 42[deg]24'12.6'' N, 086[deg]16'40''
W; then northeast to 42[deg]24'19.2'' N, 086[deg]16'26.5'' W; then
northwest to 42[deg]24'20.22'' N, 086[deg]16'27.4'' W; then back to
point of origin. (DATUM: NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually on the
third Saturday of June, from 7 a.m. until 7 p.m.

0
4. Add Sec.  100.904 to read as follows:


Sec.  100.904  Celebrate Americafest, Green Bay, WI.

    (a) Regulated Area. A regulated area is established to include all
waters of the Fox River located between the Main Street Bridge at
position 44[deg]31'06'' N, 088[deg]0'56'' W and the Walnut Street
Bridge at position 44[deg]30'25'' N, 088[deg]01'06'' W. (DATUM: NAD
83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually on the
first weekend of July; 2 p.m. to 5 p.m.

0
5. Add Sec.  100.905 to read as follows:


Sec.  100.905  Door County Triathlon; Door County, WI.

    (a) Regulated Area. A regulated area is established to include all
waters of Green Bay within a 2000-yard radius from the northwestern
point of Horseshoe Point near Frank E. Murphy County Park in position
45[deg]00'46'' N, 087[deg]20'30'' W. (DATUM: NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective July 22, 2007,
July 26 and 27, 2008, July 25 and 26, 2009, July 24 and 25, 2010, July
23 and 24, 2011; from 7 a.m. to 10 a.m.

0
6. Add Sec.  100.906 to read as follows:


Sec.  100.906  Grand Haven Coast Guard Festival Waterski Show, Grand
Haven, MI.

    (a) Regulated Area. All waters of the Grand River at Waterfront
Stadium from approximately 350 yards upriver to 150 yards downriver of
Grand River Lighted Buoy 3A (Lightlist number 19000) within the
following coordinates: 43[deg]04' N, 086[deg]14'12'' W; then east to
43[deg]03'56'' N, 086[deg]14'4'' W; then south to 43[deg]03'45'' N,
086[deg]14'10'' W; then west to 43[deg]03'48'' N, 086[deg]14'17'' W;
then back to the point of origin. (DATUM: NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually August
1st; 7 p.m. to 9 p.m.

0
7. Add Sec.  100.907 to read as follows:


Sec.  100.907  Milwaukee River Challenge; Milwaukee, WI.

    (a) Regulated Area. All waters of the Milwaukee River from the
junction with the Menomonee River at position 43[deg]01'55'' N,
087[deg]54'40'' W to the Humboldt Avenue Bridge at position
43[deg]03'25'' N, 087[deg]53'53'' W. (DATUM: NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually on the
third or fourth Saturday of September; from 9 a.m. to 5 p.m. A Local
Notice to Mariners will be published and a Broadcast Notice to Mariners
will announce which date is being enforced.

0
8. Add Sec.  100.908 to read as follows:

[[Page 54835]]

Sec.  100.908  Charlevoix Venetian Night Boat Parade; Charlevoix, MI.

    (a) Regulated Area. All waters of Round Lake, Charlevoix, MI.
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually on the
fourth Saturday of July; from 9 p.m. to 11 p.m.

0
9. Add Sec.  100.909 to read as follows:


Sec.  100.909  Chinatown Chamber of Commerce Dragon Boat Race; Chicago,
IL.

    (a) Regulated Area. All waters of the South Branch of the Chicago
River from the 18th Street Bridge at position 41[deg]51'28'' N,
087[deg]38'06'' W to the Amtrak Bridge at position 41[deg]51'20'' N,
087[deg]38'13'' W. (DATUM: NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually on the
third Friday of July from 11:30 a.m. to 5 p.m. and on the third
Saturday of July from 9 a.m. to 5 p.m.

    Dated: September 10, 2007.
John E. Crowley, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. E7-18933 Filed 9-26-07; 8:45 am]

BILLING CODE 4910-15-P
