
[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Rules and Regulations]               
[Page 41373-41376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy10-5]                         

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0621]
RIN 1625-AA08

 
Special Local Regulations for Marine Events; Port Huron to 
Mackinac Island Sail Race

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard will enforce a special local regulation for 
the annual Port Huron to Mackinac Island Sail Race. This action is 
necessary to safely control vessel movements in the vicinity of the 
race starting point and provide for the safety of the general boating 
public and commercial shipping. During this period, no person or vessel 
may enter the regulated area without the permission of the Coast Guard 
Patrol Commander (PATCOM).

DATES: This rule is effective from 9 a.m. through 4 p.m. on July 17, 
2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-XXXX and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting

[[Page 41374]]

USCG-2010-XXXX in the Docket ID box, pressing Enter, and then clicking 
on the item in the Docket ID column. They are also available for 
inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning this 
temporary rule, call or e-mail Mr. Frank Jennings, Jr., Auxiliary and 
Boating Safety Branch, Ninth Coast Guard District, 1240 East 9th 
Street, Cleveland, OH, via e-mail at: frank.t.jennings@uscg.mil or by 
phone at: (216) 902-6094. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the special local regulation 
pertaining to this annual race was previously published in the Code of 
Federal Regulations. The special local regulation was inadvertently 
removed during the most recent revision to 33 CFR 100.901. Based on the 
hazards associated with marine regattas within Port Huron and the short 
amount of time until the event, delaying publication of this regulation 
would be contrary to the public interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. These special local regulations 
were inadvertently removed during the most recent revision to 33 CFR 
100.901. Because this is an annual race, held in the same location, 
local maritime interests are already familiar with the provisions of 
these regulations. Delaying this rule would be contrary to the public 
interest of ensuring the safety of spectators and vessels during this 
operation and immediate action is necessary to prevent possible loss of 
life or property.

Background and Purpose

    Special local regulations are necessary to safely control vessel 
movements in the vicinity of the race starting point and provide for 
the safety of the general boating public and commercial shipping. The 
Captain of the Port Sector Detroit has determined that the start of the 
Port Huron to Mackinac Island Sail Race does pose significant risks to 
public safety and property. The likely combination of congested 
waterways, vessels engaged in a regatta, and fast currents could easily 
result in serious injuries or fatalities.

Discussion of Rule

    The Coast Guard will enforce special local regulations for the 
annual Port Huron to Mackinac Sail Race from 9 a.m. until 4 p.m. on 
July 17, 2010. The special local regulations apply to the waters of the 
Black River, St. Clair River and lower Lake Huron from:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
42[deg]58.8[min] N                          082[deg]26[min] W, to
42[deg]58.4[min] N                          082[deg]24.8[min] W, thence
                                             northward along the
                                             International Boundary to
43[deg]02.8[min] N                          082[deg]23.8[min] W, to
43[deg]02.8[min] N                          082[deg]26.8[min] W, thence
                                             southward along the U.S.
                                             shoreline to
42[deg]58.9[min] N                          082[deg]26[min] W, thence to
42[deg]58.8[min] N                          082[deg] 26[min] W.
------------------------------------------------------------------------

[DATUM: NAD 83].

    In order to ensure the safety of spectators and participating 
vessels, the special local regulations will be in effect for the day of 
the start of the event. The Coast Guard will patrol the race area under 
the direction of a designated Coast Guard Patrol Commander (PATCOM). 
Vessels desiring to transit the regulated area may do so only with 
prior approval of the PATCOM and when so directed by that officer. The 
PATCOM may be contacted on Channel 16 (156.8 MHZ) by the call sign 
``Coast Guard Patrol Commander.'' Vessels will be operated at a no wake 
speed to reduce the wake to a minimum, and in a manner which will not 
endanger participants in the event or any other craft. The rules 
contained in the above two sentences shall not apply to participants in 
the event or vessels of the patrol operating in the performance of 
their assigned duties.
    In the event these special local regulations affect shipping, 
commercial vessels may request permission from the PATCOM to transit 
the area of the event by hailing call sign ``Coast Guard Patrol 
Commander'' on Channel 16 (156.8 MHZ).

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 it under that Order.
    Special local regulations pertaining to this annual race were 
previously published in the Code of Federal Regulations. These special 
local regulations were inadvertently removed by the U.S. Coast Guard 
during the most recent revision to 33 CFR 100.901. Because this race is 
held annually in the same location, local maritime interests are 
already familiar with the provisions of this regulation.

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 will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of the Black River, St. Clair River and 
lower Lake Huron from 9 a.m. until 4 p.m. July 17, 2010.
    These special local regulations will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule will be enforced for only 7 hours on a

[[Page 41375]]

weekend when the majority of vessel traffic transiting the area is 
recreational. Vessel traffic will be allowed to pass through the area 
of the race start with the permission of the Coast Guard patrol 
commander. Before the effective period, the Coast Guard will issue 
maritime advisories widely to users of the river.

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 an expenditure we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves the establishment of a 
safety zone and is therefore categorically excluded under paragraph 
34(g) of the Instruction.
    A final environmental analysis check list and categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.
    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(h), of the Instruction. This rule involves the enforcement of 
special local regulations, pursuant to 33 CFR

[[Page 41376]]

100, for the annual Port Huron to Mackinac Island Sail Race, July 17, 
2010 at 9 a.m. to July 17, 2010 at 4 p.m. This action is necessary to 
safely control vessel movements in the vicinity of the start of the 
race and provide for the safety of the general boating public and 
commercial shipping. Regulations will be in effect for seven hours on 
the day the event starts. The Coast Guard will patrol the race area 
under the direction of a designated Coast Guard Patrol Commander.
    An environmental analysis checklist and a 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, Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new temporary Sec.  100.T09-0659 is added to read as follows:


Sec.  100.T09-0659  Special Local Regulations for Marine Events; Port 
Huron to Mackinac Island Sail Race.

    (a) Location. The special local regulations apply to the waters of 
the Black River, St. Clair River and lower Lake Huron from:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Latitude                                                                    Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
42[deg]58.8[min] N.........................  082[deg]26[min] W, to
42[deg]58.4[min] N.........................  082[deg]24.8[min] W, thence northward along the International Boundary to
43[deg]02.8[min] N.........................  082[deg]23.8[min] W, to
43[deg]02.8[min] N.........................  082[deg]26.8[min] W, thence southward along the U.S. shoreline to
42[deg]58.9[min] N.........................  082[deg]26[min] W, thence to
42[deg]58.8[min] N.........................  082[deg] 26[min] W.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[DATUM: NAD 83].

    (b) Effective period. This rule is effective from 9 a.m. to 4 p.m. 
on July 17, 2010.
    (c) Regulations. (1) In accordance with the general regulations in 
section 100.35 of this part, the Coast Guard will patrol the regatta 
area under the direction of a designated Coast Guard Patrol Commander 
(PATCOM). The PATCOM may be contacted on Channel 16 (156.8 MHz) by the 
call sign ``Coast Guard Patrol Commander.'' Vessels desiring to transit 
the regulated area may do so only with prior approval of the PATCOM and 
when so directed by that officer.
    (2) Vessels will be operated at a no wake speed to reduce the wake 
to a minimum, and in a manner which will not endanger participants in 
the event or any other craft. The rules in this subparagraph shall not 
apply to participants in the event or vessels of the patrol operating 
in the performance of their assigned duties.
    (3) The Patrol Commander may direct the anchoring, mooring or 
movement of any boat or vessel within the regatta area. A succession of 
sharp, short signals by whistle or horn from vessels patrolling the 
area under the direction of the U.S. Coast Guard PATCOM shall serve as 
a signal to stop. Vessels so signaled shall stop and shall comply with 
the orders of the PATCOM. Failure to do so may result in expulsion from 
the area, citation for failure to comply, or both.
    (4) The PATCOM may establish vessel size and speed limitations and 
operating conditions. The PATCOM may restrict vessel operation within 
the regatta area to vessels having particular operating 
characteristics. The PATCOM may terminate the marine event or the 
operation of vessel at any time it is deemed necessary for the 
protection of life and property.

    Dated: July 2, 2010.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2010-17339 Filed 7-15-10; 8:45 am]
BILLING CODE 4910-15-P

