
[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Proposed Rules]
[Pages 8641-8642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04281]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-1098]
RIN 100-AA08


Special Local Regulations; Annual Boyne Thunder Poker Run; 
Charlevoix, MI

AGENCY: Coast Guard, DHS.

ACTION: Notification of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to add a special local regulation to 
increase safety in the navigable waters of Round Lake and Pine River 
Channel, Charlevoix, MI during the annual Boyne Thunder Poker Run. The 
proposal will allow the Coast Guard Patrol Commander to control vessel 
traffic during the event in this small and restricted waterway. The 
proposed regulation will be enforced during the day of the event. The 
date and time will be announced via a Notice of Enforcement. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 10, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-1098 using the Federal e-Rulemaking Portal at http://www.regulations.gov. Type the docket number (USCG-2018-1098) in the 
``SEARCH'' box and click ``SEARCH.'' See the ``Public Participation and 
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section 
for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST2 Blackledge, Waterways Management, Coast Guard Sector 
Sault Sainte Marie, U.S. Coast Guard; telephone 906-253-2443, email 
Onnalee.A.Blackledge@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Annual Boyne Thunder Poker Run is a charity marine event 
occurring in the month of July with a route that runs from Boyne City 
out to Lake Michigan and back to Boyne City. This event, occurring 
annually for the past 15 years, includes approximately 100 participants 
in offshore type power vessels. Round Lake and Pine River Channel are 
small restricted waterways that normally have a variety of recreational 
users and a commercial ferry that provides service to Beaver Island. 
This mix of vessels in close proximity to the event warrants additional 
safety measures.
    The legal basis for this proposed rulemaking is found at 33 U.S.C. 
1233; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

III. Discussion of Proposed Rule

    The Captain of the Port Sault Sainte Marie (COTP) has determined 
that adding the Annual Boyne City Poker Run to the list of Special 
Local Regulations in the navigable waters of Round Lake and Pine River 
Channel in Charlevoix, MI is the most practical way to ensure the 
safety of the boating public.

V. 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 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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, duration, and time-of-day for the Special Local Regulation. 
Vessel traffic will be able to safely transit through the regulated 
area which will impact a small designated area within the COTP zone for 
a short duration of time. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
special local area.

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 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 area 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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.
    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 8642]]

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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 proposed 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 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule prohibits vessels 
from entering, transiting through, or anchoring within the regulated 
area without the permission of the Coast Guard Patrol Commander. 
Normally such actions are categorically excluded from further review 
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal e-
Rulemaking Portal at http://www.regulations.gov. If your material 
cannot be submitted using http://www.regulations.gov, contact the 
person in the FOR FURTHER INFORMATION CONTACT section of this document 
for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

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

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.
0
2. Add Sec.  100.929 to read as follows:


Sec.  100.929   Special Local Regulations; Annual Boyne Thunder Poker 
Run; Charlevoix, MI.

    (a) Regulated area. These Special Local Regulations apply to all 
U.S. navigable waters of Round Lake and Pine River Channel, Charlevoix, 
MI, within an area bordered by a line at the entrance of the Pine River 
Channel charted in position 45[deg]19'15'' N, 085[deg]15'55'' W to 
45[deg]19'13'' N, 085[deg]15'55'' W to the southeast end of Round Lake 
charted in position 45[deg]18'57'' N, 085[deg]14'49'' W to 
45[deg]18'56'' N, 085[deg]14'50'' W.
    (b) Special Local Regulation. 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. The Coast Guard will issue a Notice of 
Enforcement with the exact time and date in July that this regulated 
area will be enforced.

    Dated: March 5, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-04281 Filed 3-8-19; 8:45 am]
 BILLING CODE 9110-04-P


