[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Rules and Regulations]
[Pages 41373-41376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17339]
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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.
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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: [email protected] 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