
[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Proposed Rules]
[Pages 28538-28541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11679]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0403]
RIN 1625-AA08


Special Local Regulations; Annual Bayview Mackinac Race

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent Special Local 
Regulations to provide for the safe control of vessel movement during 
the start of the Annual Bayview Mackinac Race, commonly known as the 
Port Huron to Mackinac Sail Race. This action is necessary to provide 
for the safety of the general boating public and commercial shipping 
during the start of the race.

DATES: Comments and related materials must be received by the Coast 
Guard no later than June 14, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0403 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    To avoid duplication, please use only one of these methods. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, email or call Frank Jennings, Jr., Auxiliary and Boating Safety 
Branch, Ninth Coast Guard District, 1240 East 9th Street, Cleveland, 
OH, via email 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: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this 
rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on Open Docket Folder on the line associated with this 
rulemaking. You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please, explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The Port Huron to Mackinac sail race (currently titled the ``Bell's 
Beer Bayview Mackinac Race'') is an annual regatta that has taken place 
since 1925. The race occurs in July of each year with a starting point 
in Port Huron, MI. It is typical for more than 200 sailboats

[[Page 28539]]

to take part in this annual event. The Coast Guard's Ninth District 
Commander has determined that the high concentration of participants 
and spectators at the race's starting point poses extra and unusual 
hazards to the boating public. The likely combination of recreational 
vessels and sailing vessels gathered together in high concentrations 
within a congested area known to have fast currents could lead to 
serious boating injuries or fatalities.

Discussion of Rule

    In light of the extra and unusual hazards likely to occur at the 
starting point of the Port Huron to Mackinac sail race, the Coast Guard 
proposes to establish permanent Special Local Regulations. These 
Special Local Regulations will be enforced in July of each year, and 
the exact times and dates of enforcement will be published in the 
Federal Register annually via a Notice of Enforcement. This proposed 
Special Local Regulation will apply to the starting area of the race in 
the vicinity of Port Huron, MI. Specifically, this proposed regulated 
area will include all U.S. navigable waters of the Black River, St. 
Clair River and lower Lake Huron starting at: Latitude 042[deg]58'47'' 
N, longitude 082[deg]26'0'' W; then easterly to latitude 
042[deg]58'24'' N, longitude 082[deg]24'47'' W; then northward along 
the International Boundary to latitude 043[deg]2'48'' N, longitude 
082[deg]23'47'' W; then westerly to the shoreline at approximate 
location latitude 043[deg]2'48'' N, longitude 082[deg]26'48'' W; then 
southward along the U.S. shoreline to latitude 042[deg]58'54'' N, 
longitude 082[deg]26'1'' W; then back to the beginning [DATUM: NAD 83].
    In order to ensure the safety of spectators and those vessels 
participating in the race, the Coast Guard will patrol the regulated 
area under the direction of a designated Coast Guard Patrol Commander 
(PATCOM). Vessels desiring to transit the regulated area may do so but 
only with prior approval of the PATCOM and only when so directed by 
that individual. The PATCOM may be contacted on Channel 16 (156.8 MHZ) 
by the call sign ``Coast Guard Patrol Commander.'' Vessels allowed 
within the regulated area will be operated at a no wake speed and in a 
manner that will not endanger participants in the event or any other 
craft. These proposed Special Local Regulations shall not apply to 
vessels participating in the event or government vessels patrolling the 
regulated area.
    In the event these proposed 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 proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    This proposed rule is not ``significant'' under the regulatory 
policies and procedures of the Department of Homeland Security (DHS) 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues.
    This proposed rule will be enforced for only seven hours on a 
single day in July. Also, the regulated area will be a relatively small 
and only in effect at the race's starting point. Additionally, it is 
expected that during the annual enforcement of these proposed Special 
Local Regulations the majority of vessel traffic in the vicinity of the 
regulated area will be recreational in nature. Furthermore, some vessel 
traffic will be allowed to pass, albeit with caution and at a reduced 
speed, through the regulated area with the permission of the Coast 
Guard Patrol Commander. Finally, the Coast Guard expects that public 
awareness of this event, along with the Coast Guard's regulation of it, 
is particularly high. As mentioned above, this race has recurred 
regularly since 1925, and the Coast Guard has regulated it for many 
years with both permanent and temporary regulations. Despite the race's 
long history, the Coast Guard still intends to issue maritime 
advisories to current users of the affected waterways. On the whole, 
local maritime interests are already well familiar with the effects of 
this event and this proposed rulemaking.

Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed 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 during the month of July each year.
    These proposed Special Local Regulations will not have a 
significant economic impact on a substantial number of small entities 
for the same reasons discussed in above Regulatory Planning and Review 
section.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.

Assistance for Small Entities

    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
If this proposed rule would affect your small business, organization, 
or governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please email or call Frank 
Jennings, Jr., Auxiliary and Boating Safety Branch, Ninth Coast Guard 
District, 1240 East 9th Street, Cleveland, OH, via email at: 
frank.t.jennings@uscg.mil or by phone at: (216) 902-6094. 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 proposed rule calls for no new collection of information under 
the

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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 the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

Taking of Private Property

    This proposed 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 proposed rule will meet 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
will not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it will 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.

Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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). We have 
concluded this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves the establishment of Special 
Local Regulations and is therefore categorically excluded under figure 
2-1, paragraph (34)(h), of the Instruction. During the annual 
permitting process for this event an environmental analysis will be 
conducted to include the effects of these proposed Special Local 
Regulations. Thus, no preliminary environmental analysis checklist or 
Categorical Exclusion Determination (CED) are required for this 
proposed rulemaking action. We seek any comments or information that 
may lead to the discovery of a significant environmental impact from 
this proposed rule.

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 proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

    2. Add Sec.  100.902 to read as follows:


Sec.  100.902  Special Local Regulations; Annual Bayview Mackinac Race.

    (a) Regulated Area. These Special Local Regulations apply to all 
U.S. navigable waters of the Black River, St. Clair River, and lower 
Lake Huron, bound by a line starting at latitude 042[deg]58'47'' N, 
longitude 082[deg]26'0'' W; then easterly to latitude 042[deg]58'24'' 
N, longitude 082[deg]24'47'' W; then northward along the International 
Boundary to latitude 043[deg]2'48'' N, longitude 082[deg]23'47'' W; 
then westerly to the shoreline at approximate location latitude 
043[deg]2'48'' N, longitude 082[deg]26'48'' W; then southward along the 
U.S. shoreline to latitude 042[deg]58'54'' N, longitude 082[deg]26'1'' 
W; then back to the beginning [DATUM: NAD 83].
    (b) Enforcement period. These Special Local Regulations will be 
enforced annually at the commencement of the Bayview Mackinac Race. The 
enforcement period will last approximately seven hours on a single day 
each July. The Coast Guard will notify the public of the exact 
enforcement date and times via a Notice of Enforcement published in the 
Federal Register. Also, the Coast Guard may use marine broadcasts, 
local notice to mariners, local news media, on-scene oral notice, and 
broadcasts on VHF-FM marine radio Channel 16 (156.8 MHZ) to notify the 
public of the exact dates and times of enforcement.
    (c) Special Local Regulations.
    (1) No vessel may enter the regulated area established in paragraph 
(a) without prior approval from the Coast Guard's designated Patrol 
Commander (PATCOM). The PATCOM may restrict vessel operation within the 
regulated area to vessels having particular operating characteristics.
    (2) Vessels permitted to enter this regulated area must operate at 
a no wake speed and in a manner that will not endanger race 
participants or any other craft.
    (3) The PATCOM may direct the anchoring, mooring, or movement of 
any vessel within this regulated area. A succession of sharp, short 
signals by whistle or horn from vessels patrolling the area under the 
direction of the 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

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from the area, a Notice of Violation for failure to comply, or both.
    (4) If it is deemed necessary for the protection of life and 
property, the PATCOM may terminate at any time the marine event or the 
operation of any vessel within the regulated area.
    (5) 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.''
    (6) The rules in this section shall not apply to vessels 
participating in the event or to government vessels patrolling the 
regulated area in the performance of their assigned duties.

    Dated: May 4, 2012.
J.R. Bingaman,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard 
District.
[FR Doc. 2012-11679 Filed 5-14-12; 8:45 am]
BILLING CODE 9110-04-P


