
[Federal Register: July 9, 2008 (Volume 73, Number 132)]
[Rules and Regulations]               
[Page 39233-39235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy08-10]                         

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0031]
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 will place restrictions on vessel movement in 
portions of the Calumet Sag Channel and the Little Calumet River during 
the annual Southland Regatta. The Southland Regatta is a university 
rowing race that will be held annually during the first weekend of 
November. This rule is intended to ensure safety of life on the 
navigable waters immediately prior to, during, and immediately after 
regattas or marine parades.

DATES: This rule is effective August 8, 2008.

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-2008-0031 and are available online at 
http:www.regulations.gov. This material is also available for 
inspection or copying at two locations: the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays and the U.S. Coast Guard Sector Lake Michigan, 2420 South 
Lincoln Memorial Drive, Milwaukee, WI 53207, between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Lieutenant Commander Kimber Bannan, Prevention Department, Coast 
Guard Sector Lake Michigan, Milwaukee, WI, 414-747-7159. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 6, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Regattas and Marine Parades; Great Lake Annual Marine 
Events in the Federal Register (73 FR 6859). We received one letter 
commenting on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    This rule will add a subpart to 33 CFR Part 100 that will place 
restrictions on the portions of the Calumet Sag Channel and the Little 
Calumet River during the annual Southland Regatta. The Southland 
Regatta is a university rowing race that will be held annually during 
the first weekend of November.

Discussion of Comments and Changes

    One comment was received regarding this rule. The comment endorsed 
the rule stating that it would enable the Southland Regatta contestants 
to focus on the competition without the threat of danger, collision, 
and injury from vessels and recreational boaters on the water before, 
during, and after the event.

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

[[Page 39234]]

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 of operators of vessels intending to 
transit or anchor in the Calumet Sag Channel and the Little Calumet 
River on the first weekend of November.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: The rule will be in effect for short periods of time and only 
once per year, is designed to allow traffic to pass safely around the 
zone whenever possible; and allows vessels to pass through the zone 
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), in the NPRM 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 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-

[[Page 39235]]

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.
    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.


0
2. Add Sec.  100.910 to read as follows:


Sec.  100.910  Southland Regatta; Blue Island, IL.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Calumet Sag Channel from the South Halstead Street Bridge 
at 41[deg]39'27'' N, 087[deg]38'29'' W; to the Crawford Avenue Bridge 
at 41[deg]39'05'' N, 087[deg]43'08'' W; and the Little Calumet River 
from the Ashland Avenue Bridge at 41[deg]39'07'' N, 087[deg]39'38'' W; 
to the junction of the Calumet Sag Channel. (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) Enforcement Period. This section will be enforced annually on 
the Saturday immediately prior to the first Sunday of November, from 3 
p.m. until 5 p.m. and the first Sunday of November, from 9 a.m. until 5 
p.m.

    Dated: June 12, 2008.
Peter V. Neffenger,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. E8-15490 Filed 7-8-08; 8:45 am]

BILLING CODE 4910-15-P
