[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Proposed Rules]
[Pages 22303-22307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8864]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2008-0220]
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: The Coast Guard proposes to amend special local regulations 
for annual regattas and marine parades in the Captain of the Port 
Detroit zone. 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. This proposed rule will establish 
restrictions upon, and control movement of, vessels in a specified area 
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 27, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0220 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: LT Jeff Ahlgren, Waterways Management, 
U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave., Detroit, MI 
48207; (313) 568-9580.

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://

[[Page 22304]]

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-2008-0220), 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,'' Enter the docket number for 
this rulemaking (USCG-2008-0220) in the Search box, and click ``Go>>''. 
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 
Detroit 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 remove the specific entries from table 1 
found in 33 CFR 100.901, Great Lakes annual marine events that apply to 
regattas and marine parades in the Captain of the Port Detroit zone and 
list each regatta or marine parade as a subpart. This proposed rule 
will also add several regattas and marine parades not previously listed 
in 33 CFR part 100 and remove several events that no longer occur 
annually or are not regattas or marine parades.

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 
regattas or marine parades. This proposed rule will establish 
restrictions upon and control the movement of vessels through a 
specified area immediately prior to, during, and immediately after 
regattas or marine parades.
    The Captain of the Port Detroit will cause notice of enforcement of 
the special local regulations established by this section to be made 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. The Captain of the 
Port Detroit will issue a Broadcast Notice to Mariners notifying the 
public when enforcement of the special local regulations is terminated.

Regulatory Evaluation

    This proposed 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.
    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 these special local regulations will be 
periodic in nature, of short duration, and designed to minimize the 
impact on navigable waters. These special local regulations will only 
be enforced immediately before and during the time the marine events 
are occurring. Furthermore, these special local regulations have been 
designed to allow vessels to transit unrestricted to portions of the 
waterways not affected by the special local regulations. The Coast 
Guard expects insignificant adverse impact to mariners from the 
activation of these special local regulations.

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 of operators of vessels 
intending to transit or anchor in the areas designated as special local 
regulations in paragraphs (4) through (13) during the dates and times 
the special local regulations are being enforced.
    These special local regulations would not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. The special local regulations in this proposed rule 
would be in effect for short periods of time, and only once per year. 
The special local regulations have been designed to allow traffic to 
pass safely around the zone whenever possible and vessels will be 
allowed 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

[[Page 22305]]

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 LT Jeff Ahlgren, 
Waterways Management, U.S. Coast Guard Sector Detroit, 110 Mount Elliot 
Ave., Detroit, MI 48207; (313) 568-9580. 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 affect 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 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 safety zones 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 encouraged 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 
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, which guides 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 this action is not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
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.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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: 33 U.S.C. 1233.


Sec.  100.901  [Amended]

    2. Amend Sec.  100.901 Table 1 as follows:
    a. Under the heading ``Group Detroit, MI'' remove the entries: Bay 
City Fireworks Display, Detroit APBA Gold Cup Race, Buick Watersports 
Weekend, Cleveland National Air Show, International Bay City River 
Roar, International Freedom Festival Fireworks, International Freedom 
Festival Tug Across the River, Parade of

[[Page 22306]]

Lights, Port Clinton Offshore Grand Prix, Port Huron to Mackinac Island 
Race, Thunder on the River Hydroplane Race, Toledo 4th of July 
Fireworks, and Toledo Labor Day Fireworks;
    b. Remove the heading ``Group Detroit, MI''.


Sec.  100.902  [Removed and Reserved]

    3. Remove and reserve Sec.  100.902.
    4. Add Sec.  100.911 to read as follows:


Sec.  100.911  Bay City Airshow, Bay City, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Saginaw River bound on the south by a line extending from 
a point of land on the western shore at position 43[deg]32.2' N; 
083[deg]53.3' W, east to a point of land on the eastern shore located 
at position 43[deg]32.2' N; 083[deg]53.2' W, and bounded on the north 
by a line extending from a point of land on the western shore at 
position 43[deg]33.4' N; 083[deg]54.5' W, east to a point of land on 
the eastern shore located at position 43[deg]33.4' N; 083[deg]54.3' W. 
(NAD 83). This area is south of Middle Ground Island near Clements 
Municipal Airport.
    (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 date: Two days during the second week in August. The 
exact dates and times for this event will be determined annually.
    5. Add Sec.  100.912 to read as follows:


Sec.  100.912  Detroit Belle Isle Grand Prix, Detroit, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Detroit River near Belle Isle, bounded by a line 
extending from a point of land on the southern shore of Belle Isle 
located at position 42[deg]20'00'' N; 082[deg]59'45'' W, to 50 yards 
offshore at position 42[deg]19'57''; 082[deg]59'43'', and continuing at 
a distance of 50 yards around the western end of Belle Isle to the 
Belle Isle Bridge, maintaining a constant distance of 50 yards from the 
shoreline and terminating at position 42[deg]20'28''; 082[deg]59'43''; 
on the northern side of Belle Isle, adjacent to a point on land at 
position 42[deg]20'24'' N; 082[deg]59'48'' W (NAD 83). This area wraps 
around the downstream end of Belle Isle.
    (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 Date. The last weekend in August. The exact dates and 
times for this event will be determined annually.
    6. Add Sec.  100.913 to read as follows:


Sec.  100.913  ACORA Garwood Classic Offshore Race, Algonac, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of St. Clair River's North Channel, Algonac, Michigan, bounded 
by a north/south line beginning at a point of land adjacent to Allen 
Boats, Algonac, MI (position 42[deg]37'05'' N, 082[deg]33'34'' W) 
extending to a point of land on Harsens Island (position 42[deg]36'49'' 
N, 082[deg]33'34'' W) extending east along the shoreline of Harsens 
Island to north/south line beginning at position 42[deg]37'16'' N, 
082[deg]31'11'' W (approx. 500 ft west of the Russell Island buoy) 
extending north to a point at position 42[deg]37' 28'' N, 082[deg]31' 
11'' W (approx. 300 ft offshore from the Russell Boat Club), then west 
along the shoreline of Algonac, MI stopping at the point of origin. 
(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 Date. The first weekend in August. The exact dates 
and times for this event will be determined annually.
    7. Add Sec.  100.914 to read as follows:


Sec.  100.914  Trenton Rotary Roar on the River, Trenton, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Detroit River, Trenton, Michigan, bounded by an east/west 
line beginning at a point of land at the northern end of Elizabeth Park 
in Trenton, MI, located at position 42[deg]8.2' N; 083[deg]10.6' W, 
extending east to a point near the center of the Trenton Channel 
located at position 42[deg]8.2' N; 083[deg]10.4' W, extending south 
along a north/south line to a point at the Grosse Ile Parkway Bridge 
located at position 42[deg]7.7' N; 083[deg]10.5' W, extending west 
along a line bordering the Grosse Ile Parkway Bridge to a point on land 
located at position 42[deg]7.7' N; 083[deg]10.7' W, and along the 
shoreline to the point of origin. (NAD 83). This area is in the Trenton 
Channel between Trenton and Grosse Isle, MI.
    (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 Date. The third week in July. The exact dates and 
times for this event will be determined annually.
    8. Add Sec.  100.915 to read as follows:


Sec.  100.915  St. Clair River Classic Offshore Race, St. Clair, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the St. Clair River, St. Clair, Michigan, bounded by latitude 
42[deg]52'00'' N to the north; latitude 42[deg]49'00'' N to the south; 
the shoreline of the St. Clair River on the west; and the international 
boundary line on the east (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 Date. The last week in July. The exact dates and 
times for this event will be determined annually.
    9. Add Sec.  100.916 to read as follows:


Sec.  100.916  Chris Craft Silver Cup Races, Algonac, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the St. Clair River, North Channel, Algonac, Michigan, 
bounded on the north by a line starting at the northern end of Russel 
Island at position 42[deg]37.0' N; 082[deg]31.4' W extending across the 
channel to Algonac to a point at position 42[deg]37.4' N; 082[deg]31.5' 
W, and bounded on the south by a line starting north of Grande Point 
Cut on Russel Island at position 42[deg]36.3' N; 082[deg]32.5' W 
extending across the channel to Algonac to a point at position 
42[deg]36.5' N; 082[deg]32.6' W. (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 Date. The third week in August. The exact dates and 
times for this event will be determined annually.
    10. Add Sec.  100.917 to read as follows:


Sec.  100.917  The Old Club Cannonade, Harsens Island, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of Lake St. Clair in an area bound by the coordinates starting 
at the cannon firing position located at 42[deg]32.5' N; 082[deg]40.1' 
W extending west to the Old Channel Light located at position 
42[deg]32.5' N; 082[deg]41.6' W angling northeast to position 
42[deg]33.5' N; 082[deg]40.6' W then angling southeast to the point of 
origin creating a triangle shaped safety zone. (NAD 83). This area is 
near the southern end of Harsens Island in Muscamoot Bay.
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area

[[Page 22307]]

without the permission of the Coast Guard Patrol Commander.
    (c) Effective Date. The third week in October. The exact dates and 
times for this event will be determined annually.
    11. Add Sec.  100.918 to read as follows:


Sec.  100.918  Detroit APBA Gold Cup, Detroit, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Detroit River, Belle Isle, Michigan, bound on the west by 
the Belle Isle Bridge (position 42[deg]20'20'' N, 083[deg]00'00'' W to 
42[deg]20'24'' N, 083[deg]59'45'' W), and on the east by a north-south 
line drawn through Waterworks Intake Crib Light (Light List Number 
8350; position 42[deg]21'06'' N, 082[deg]58'00'' W) (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 Date. The first or second week in June. The exact 
dates and times for this event will be determined annually.
    12. Add Sec.  100.919 to read as follows:


Sec.  100.919  International Bay City River Roar, Bay City, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Saginaw River bounded on the north by the Liberty Bridge, 
located at 43[deg]36.3' N, 083[deg]53.4' W, and bounded on the south by 
the Veterans Memorial Bridge, located at 43[deg]35.8' N, 083[deg]53.6' 
W. (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 Date. The third or fourth week in June. The exact 
dates and times for this event will be determined annually.
    13. Add Sec.  100.920 to read as follows:


Sec.  100.920  Tug Across the River, Detroit, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Detroit River, Detroit, Michigan, bounded on the south by 
the International boundary, on the west by 083[deg]03' W, on the east 
by 083[deg]02' W, and on the north by the U.S. shoreline (DATUM: NAD 
83). This position is located on the Detroit River in front of Hart 
Plaza, Detroit, MI.
    (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 Date. The third or fourth week in June. The exact 
dates and times for this event will be determined annually.

    Dated: April 4, 2008.
John E. Crowley, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. E8-8864 Filed 4-24-08; 8:45 am]
BILLING CODE 4910-15-P