[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Proposed Rules]
[Pages 15745-15749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05729]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0124]
RIN 1625-AA08


Special Local Regulations; Recurring Marine Events in the Lake 
Michigan Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to amend the rules that regulate 
vessel traffic and control navigation on portions of waterways in the 
Lake Michigan Captain of the Port Zone during events that will 
introduce extra or unusual hazards to the safety of life on the 
navigable waters of the United States. This proposed rulemaking will 
reorganize five separate regulations of a similar nature currently 
listed in the Code of Federal Regulations (CFR) into a single 
regulation, make minor formatting changes for consistency, move six 
existing events into this regulation, update the dates listed for 
events, and list these regulations in table form. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 20, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0124 using the Federal eRulemaking Portal at https://www.regulations.gov. 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 about this 
proposed rulemaking, call or email Chief Petty Officer Kyle Weitzell, 
Waterways Management Division, Sector Lake Michigan, U.S. Coast Guard; 
telephone 414-747-7148, email Kyle.W.Weitzell@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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

    Marine events are held on a regularly recurring basis on the 
navigable waters of the Lake Michigan Captain of the Port Zone (COTP). 
In the past, the Coast Guard would issue special local regulations for 
these events. The COTP has determined that potential hazards associated 
with the events exist, and regulations have been issued to protect 
safety of life and property for the maritime public and event 
participants from the hazards associated with these events. In the 
past, the Coast Guard has not received public comments or concerns 
regarding impacts to waterway traffic as a result of these regularly 
recurring events.
    This proposed rulemaking would provide consistency to notify the 
public in a timely manner through permanent publication in Title 33 of 
the Code of Federal Regulations. The table in this proposed rule would 
list each regularly recurring event requiring a special local 
regulation, as administered by the Coast Guard and enforced by COTP 
Lake Michigan.
    By consolidating these regulations into a single regulation and 
making minor formatting updates, the Coast Guard will improve the 
accuracy of the event and regulation information, make the regulation 
easier to use, and reduce the administrative burden to manage multiple 
regulations. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70041 (previously 33 U.S.C. 1233).

III. Discussion of Proposed Rule

    The COTP Lake Michigan is proposing to consolidate all of the

[[Page 15746]]

regularly recurring marine events in the Lake Michigan COTP Zone from 
33 CFR 100.903 through Sec.  100.910 into a single table located in 
Sec.  100.903, move six existing events from 33 CFR 165.929 into this 
table in Sec.  100.903, and make minor formatting changes to ensure 
consistency with listed dates, times, and locations. In this 
rulemaking, the Coast Guard proposes to remove Sec. Sec.  100.906, 
100.907, 100.909, and 100.910, and revise Sec.  100.903 to consolidate 
the regulations contained in the above-mentioned five regulations into 
a table located within a single regulation, making the regulations 
easier to use. Aditionally, six existing events listed as safety zones 
in 33 CFR 165.929, specifically those events listed in Sec. Sec.  Table 
165.929(e)(30), Table 165.929(e)(51), Table 165.929(f)(17), Table 
165.929(f)(18), Table 165.929(g)(2), and Table 165.929(g)(4), would be 
moved to Sec.  100.903 without making substantial modifications to the 
application of these events. These events are permitted Marine Events 
and their inclusion in Sec.  100.903 would be more appropriate than in 
33 CFR 165.929. Furthermore, the sponsors of several events listed have 
changed the dates that they hold their events requiring the Coast Guard 
to issue notices of enforcement for these changes each year. Updating 
these dates will eliminate the need to issue notices of enforcement as 
a regular occurance. Lastly, coordinates will all be listed in degrees 
and decimal minutes format. This rulemaking will not substantially 
change the details of any event.
    As large numbers of spectator vessels and marine traffic are 
expected to congregate around the event locations, the regulated areas 
that would be listed in the table are needed to protect both spectators 
and event participants from safety hazards associated with these 
events. During the enforcement period of the regulated areas, persons 
and vessels would be prohibited from entering, transiting through, and 
remaining, anchoring, or mooring within the regulated area unless 
specifically authorized by the COTP or a designated representative. The 
Coast Guard may be assisted by other Federal, State, or local agencies 
in the enforcement of these regulated areas. These events are listed 
below in the text of the regulation.

IV. 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.
    The Coast Guard has previously promulgated special local 
regulations or safety zones in Sec.  100 and Sec.  165, respectively, 
for all event areas contained within this proposed regulation and has 
not received notice of any negative impact caused by the regulations. 
By consolidating these regulations into a single regulation and making 
minor formatting changes, the Coast Guard will improve the accuracy of 
this information, make the regulations easier to use, and reduce the 
administrative burden to manage multiple regulations.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would 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 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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 call or email 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 proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed rule has implications for federalism or 
Indian tribes, please call or email 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 would not 
result in such an expenditure, we do discuss the

[[Page 15747]]

effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
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 involves the 
consolidation and making minor formatting changes of five existing 
special local regulations. 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. 1. 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 proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email 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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's Correspondence 
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://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

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

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 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: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Revise Sec.  100.903 to read as follows:


Sec.  100.903   Recurring Marine Events in the Lake Michigan Captain of 
the Port Zone.

    (a) General.
    (1) The regulations in this section, along with the regulations of 
Sec.  100.901, apply to the marine events listed in Table 1 to Sec.  
100.903.
    (2) These regulations will be enforced for the duration of each 
event, on or about the dates indicated. Notice of the exact dates and 
times of the effective period of the regulations with respect to each 
event, the location of the regulated area, and details concerning of 
the event will be made public by publication in the Local Notices to 
Mariners and/or Broadcast Notice to Mariners over VHF-FM radio.
    (3) The dates and times of these events are subject to change. In 
the event of a change to these events, the Coast Guard will publish a 
Notice of Enforcement with the exact dates and times that the regulated 
area will be enforced.
    (4) Sponsors of events listed in the table to Sec.  100.903 are 
still required to submit applications for marine event permits in 
accordance with Sec.  100.15.
    (b) Special Local Regulations.
    (1) No vessel may enter, transit through, or anchor within the 
regulated area of any event listed in Table 1 to Sec.  100.903 which 
has been advertised in accordance with paragraph (a)(2) above without 
the permission of the Coast Guard Patrol Commander.
    (2) Vessel operators desiring to enter or operate within the 
regulated area shall contact the Coast Guard Patrol Commander to obtain 
permission to do so. Vessel operators given permission to enter or 
operate within the regulated area must comply with all directions given 
to them by the Coast Guard Patrol Commander.
    (3) All geographic coordinates in Table 1 to Sec.  100.903 are 
North American Datum of 1983 (NAD 83).

                        Table 1 to Sec.   100.903
------------------------------------------------------------------------
                                 Sector Lake Michigan
             Event                   Special Local            Date
                                      Regulations
------------------------------------------------------------------------
(1) Harborfest Dragon Boat      South Haven, MI: All    2 days; in mid-
 Race.                           waters of the Black     to-late June.
                                 River, within an area
                                 bound by the
                                 following
                                 coordinates:
                                   42[deg]24.227' N,
                                    086[deg]16.683' W,
                                    then southeast to.
                                   42[deg]24.210' N,
                                    086[deg]16.667' W,
                                    then northeast to.
                                   42[deg]24.320' N,
                                    086[deg]16.442' W,
                                    then northwest to.
                                   42[deg]24.337' N,
                                    086[deg]16.457' W,
                                    then returning to
                                    the point of
                                    origin.
(2) Summer in the City          Green Bay, WI: All      Each Wednesday
 Waterski Show.                  waters of the Fox       of July and
                                 River from the Main     August.
                                 Street Bridge to the
                                 West Walnut Street
                                 Bridge between
                                 coordinates:
                                   44[deg]31.089' N,
                                    088[deg]00.904' W,
                                    then southwest to.
                                   44[deg]30.900' N,
                                    088[deg]01.091' W.
(3) Celebrate Americafest Ski   Green Bay, WI: All      1 day; on or
 Show.                           waters of the Fox       around July 4.
                                 River from the West
                                 Walnut Street Bridge
                                 to the mouth of the
                                 East River between
                                 coordinates:
                                   44[deg]30.912' N,
                                    088[deg]01.100' W,
                                    then northeast to.

[[Page 15748]]

 
                                   44[deg]31.337' N,
                                    088[deg]00.640' W.
(4) Grand Haven Coast Guard     Grand Haven, MI: All    2 weeks; in late
 Festival.                       waters of the Grand     July and/or
                                 River, within an area   early August.
                                 bound by the
                                 following
                                 coordinates:
                                   43[deg]04.000' N,
                                    086[deg]14.200' W,
                                    then east to.
                                   43[deg]03.933' N,
                                    086[deg]14.067' W,
                                    then south to.
                                   43[deg]03.750' N,
                                    086[deg]14.167' W,
                                    then west to.
                                   43[deg]03.800' N,
                                    086[deg]14.283' W,
                                    then returning to
                                    the point of
                                    origin.
(5) Milwaukee Venetian Boat     Milwaukee, WI: All      1 day; the third
 Parade.                         waters of Lake          Saturday of
                                 Michigan within the     August.
                                 Milwaukee Harbor and
                                 the Milwaukee River
                                 from McKinley Marina,
                                 along the Veteran's
                                 Park shoreline, to
                                 the Milwaukee Art
                                 Museum between
                                 coordinates:
                                   43[deg]02.066' N,
                                    087[deg]52.966' W,
                                    then southwest to.
                                   43[deg]02.483' N,
                                    087[deg]53.683' W,
                                    then south to.
                                   43[deg]02.366' N,
                                    087[deg]53.700' W.
(6) Milwaukee Open Water Swim.  Milwaukee, WI: All      1 day; the first
                                 waters of the           or second
                                 Milwaukee River from    Saturday of
                                 the confluence with     August.
                                 the Kinnickinnic
                                 River to the I-794
                                 Bridge between
                                 coordinates:
                                   43[deg]01.532' N,
                                    087[deg]54.182' W,
                                    then northwest to.
                                   43[deg]02.154' N,
                                    087[deg]54.597' W.
(7) Sister Bay Marinafest Ski   Sister Bay, WI: All     1 day; the last
 Show.                           waters of Sister Bay    week of August
                                 within an 800 foot      or first week
                                 radius of the           of September.
                                 following
                                 coordinates:
                                   45[deg]11.585' N,
                                    087[deg]07.392' W.
(8) Milwaukee Harborfest Boat   Milwaukee, WI: All      1 day; the first
 Parade.                         waters of the           or second
                                 Milwaukee River from    weekend of
                                 the North Holton        September.
                                 Street Bridge to the
                                 confluence with the
                                 Kinnickinnic River
                                 between coordinates:
                                   43[deg]03.284' N,
                                    087[deg]54.267' W,
                                    then south to.
                                   43[deg]01.524' N,
                                    087[deg]54.173' W
                                    and.
                                All water of the
                                 Kinnickinnic River
                                 from the confluence
                                 with the Milwaukee
                                 River to the
                                 Municipal Mooring
                                 Basin between
                                 coordinates:
                                   43[deg]01.524' N,
                                    087[deg]54.173' W,
                                    then south to.
                                   43[deg]00.829' N,
                                    087[deg]54.075' W.
(9) Milwaukee River Challenge.  Milwaukee, WI: All      1 day; the third
                                 waters of the           Saturday of
                                 Milwaukee River from    September.
                                 the confluence with
                                 the Menomonee River
                                 and the East Pleasant
                                 Street Bridge between
                                 coordinates:
                                   43[deg]01.915' N,
                                    087[deg]54.627' W,
                                    then north to.
                                   43[deg]03.095' N,
                                    087[deg]54.468' W
                                    and.
                                All waters of the
                                 Menomonee River from
                                 the North 25th Street
                                 Bridge to the
                                 confluence with the
                                 Milwaukee River
                                 between coordinates:
                                   43[deg]01.957' N,
                                    087[deg]56.682' W,
                                    then east to.
                                   43[deg]01.915' N,
                                    087[deg]54.627' W.
------------------------------------------------------------------------


 
                                  Marine Safety Unit
             Event               Chicago Special Local        Date
                                      Regulations
------------------------------------------------------------------------
(10) Chinatown Chamber of       Chicago, IL: All        2 days; The
 Commerce Dragon Boat Race.      waters of the South     second Friday
                                 Branch of the Chicago   and Saturday of
                                 River from the West     July.
                                 18th Street Bridge to
                                 the Amtrak Bridge
                                 between coordinates:
                                   41[deg]51.467' N,
                                    087[deg]38.100' W,
                                    then southwest to.
                                   41[deg]51.333' N,
                                    087[deg]38.217' W.
(11) Southland Regatta........  Blue Island, IL: All    2 days; the
                                 waters of the Calumet   first Sunday of
                                 Sag Channel from the    November and
                                 South Halstead Street   the Saturday
                                 Bridge to the           prior to it.
                                 Crawford Avenue
                                 Bridge between
                                 coordinates:
                                   41[deg]39.450' N,
                                    087[deg]38.483' W,
                                    then southwest to.
                                   41[deg]39.083' N,
                                    087[deg]43.483' W
                                    and.
                                All waters of the
                                 Little Calumet River
                                 from the Ashland
                                 Avenue Bridge to the
                                 junction of the
                                 Calumet Sag Channel
                                 between coordinates:
                                   41[deg]39.117' N,
                                    087[deg]39.633' W,
                                    then northeast to.
                                   41[deg]39.374' N,
                                    087[deg]39.001' W.
------------------------------------------------------------------------


[[Page 15749]]

Sec. Sec.  100.906, 100.907, 100.909, and 100.910  [Removed]

0
3. Remove Sec. Sec.  100.906, 100.907, 100.909, and 100.910

    Dated: March 5, 2020.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2020-05729 Filed 3-18-20; 8:45 am]
BILLING CODE 9110-04-P


