[Federal Register: February 6, 2008 (Volume 73, Number 25)]
[Proposed Rules]
[Page 6859-6861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe08-12]
[[Page 6859]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0031]
RIN 1625-AA08
Regattas and Marine Parades; Great Lakes Annual Marine Events
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed rule proposes 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 proposed rule is intended to ensure safety of life on
the navigable waters immediately prior to, during, and immediately
after regattas or marine parades.
DATES: Comments and related materials must reach the Coast Guard on or
before May 6, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0031 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: 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.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7154. If you have questions on viewing or submitting material to
the docket, call Renee V. Wright, Program Manager, Docket Operations,
at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. 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. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0031), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
document to ensure that you can be identified as the submitter. This
also allows us to contact you in the event further information is
needed or if there are questions. For example, if we cannot read your
submission due to technical difficulties and you cannot be contacted,
your submission may not be considered. You may submit your comments and
material by electronic means, mail, fax, or delivery to the Docket
Management Facility at the address under ADDRESSES; but please submit
your comments and material by only one means. If you submit them by
mail or 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 them 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. We may change this proposed rule in view of them.
B. 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 at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2008-0031) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
C. Privacy Act
Anyone can search the electronic form of all 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov
.
SUPPLEMENTARY INFORMATION:
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Coast Guard Sector Lake
Michigan at the address under ADDRESSES explaining why one 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
This proposed rule will add a section 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 Proposed Rule
This proposed rule is intended to ensure safety of life on the
navigable waters immediately prior to, during, and immediately after
the Southland Regatta. This proposed rule will establish restrictions
upon and control the movement of vessels through a portion of the
Calumet Sag Channel and the Little Calumet River immediately prior to,
during, and immediately after the Southland Regatta.
This proposed rule would regulate 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).
The Captain of the Port will issue a notice of enforcement of the
special local regulations established by this section, by all
appropriate means, to the affected segments of the public. Such means
of notification will include, but is not limited to, Broadcast Notice
to Mariners and Local Notice to Mariners.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
[[Page 6860]]
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
The Coast Guard's use of this special local regulation will be
periodic, of short duration, and designed to minimize the impact on
navigable waters. This regulation will only be enforced immediately
before, during, and immediately after the time the marine events occur.
Furthermore, this special local regulation has been designed to allow
vessels to transit unrestricted to portions of the waterways not
affected by the special local regulation. The Coast Guard expects
insignificant adverse impact to mariners from the activation of this
special local regulation.
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 would affect the following entities, some of
which might be small entities: The owners and operators of vessels
intending to transit or anchor on the Calumet Sag Channel and the
Little Calumet River on the first Saturday of November.
This special local regulation will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This proposed rule would 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 zones with the permission of the Captain of the Port.
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 proposed 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. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact CWO Brad Hinken,
Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI
at (414) 747-7154. 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.
Collection of Information
This proposed 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 proposed 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 proposed rule will not result in such
expenditure, we nevertheless discuss its effects elsewhere in this
preamble.
Taking of Private Property
This proposed rule will not effect the 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 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 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
does not create an environmental risk to health or 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
proposed 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 proposed
rule or options for compliance are encourage to contact the point of
contact listed under FOR FURTHER INFORMATION CONTACT.
Energy Effects
We have analyzed this proposed 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
[[Page 6861]]
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 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 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. 4321-4370f), and
have made a preliminary determination 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, we believe that this proposed rule
should be categorically excluded, under figure 2-1, paragraph 34(h) of
the Instruction, from further environmental documentation. This
proposed rule would establish a special local regulation issued in
conjunction with a regatta or marine parade, and as such is covered by
this paragraph.
A preliminary ``Environmental Analysis Check List'' and a
preliminary ``Categorical Exclusion Determination'' are available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
proposed rule should be categorically excluded from further
environmental review. 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, and 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. 100.910 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) Effective Period. This section is effective 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: January 17, 2008.
J.R. Castillo,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District,
Acting.
[FR Doc. E8-2165 Filed 2-5-08; 8:45 am]
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