[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Rules and Regulations]
[Pages 41261-41264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16397]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2008-0220]
RIN 1625-AA00


Regattas and Marine Parades; Great Lakes Annual Marine Events

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending special local regulations for 
annual regattas and marine parades in the Captain of the Port Detroit 
zone. This rule is intended to ensure safety of life on the navigable 
waters immediately prior to, during, and immediately after regattas or 
marine parades. This 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: This rule is effective July 18, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0220 and are available online at 
www.regulations.gov. This material is also available for inspection or 
copying at two locations: 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 and the U.S. Coast 
Guard, Sector Detroit, 110 Mt. Elliot Ave., Detroit, MI 48207 between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call CDR Joseph Snowden, Prevention, U.S. Coast Guard Sector Detroit at 
(313) 568-9580. If you have questions on viewing the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 25, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Regattas and Marine Parades; Great Lakes Annual Marine 
Events, in the Federal Register (73 FR 22303). We received 0 letters 
commenting on the proposed rule. No public meeting was requested, and 
none was held.
    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. Delaying this rule would be 
contrary to the public interest of ensuring the safety and security of 
the spectators and participants during this event and immediate action 
is necessary to prevent possible loss of life or property.

Background and Purpose

    This 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 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 Comments and Changes

    No comments were received and no changes were made to this rule.

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.
    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

[[Page 41262]]

unrestricted through 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 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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities: The owners or 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 rule would be 
in effect for short periods of time, and only once per year; and 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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. We did not receive any comments for this 
section.

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 effect 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. We did not receive any comments 
for this section.

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. We did not receive any comments for 
this section.

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. We did not receive any comments for this 
section.

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.

[[Page 41263]]

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards. We did not receive 
any comments for this section.

Environment

    We have analyzed this 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 concluded 
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, this rule is categorically excluded, under figure 2-1, 
paragraph (35)(h) of the Instruction, from further environmental 
documentation. This event establishes a regulated area for marine 
events, therefore paragraph (35)(h) of the Instruction applies.
    A final environmental analysis checklist and a final categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 100

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


0
2. Amend Sec.  100.901 by removing the entry ``Group Detroit, MI'' from 
Table 1 and adding paragraph (f) to read as follows:


Sec.  100.901  Great Lakes annual marine events.

* * * * *
    (f) Patrol Commander means a Coast Guard commissioned, warrant, or 
petty officer who has been designated by the Captain of the Port to 
monitor a regatta area, permit entry into the regatta area, give 
legally enforceable orders to persons or vessels within the regatta 
area, and take other actions authorized by the Captain of the Port.


Sec.  100.902  [Removed and Reserved]

0
4. Remove and reserve Sec.  100.902.

0
5. 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) Enforcement Period: Two days during the second week in August. 
The exact dates and times for this event will be determined annually.

0
6. Add Sec.  100.912 to read as follows:


Sec.  100.912  Detroit Bell 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) Enforcement Period: The last weekend in August. The exact dates 
and times for this event will be determined annually.

0
7. 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) Enforcement Period: The first weekend in August. The exact 
dates and times for this event will be determined annually.

0
8. 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) Enforcement Period: The third week in July. The exact dates and 
times for this event will be determined annually.

0
9. 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

[[Page 41264]]

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) Enforcement Period: The last week in July. The exact dates and 
times for this event will be determined annually.
0
10. 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) Enforcement Period: The third week in August. The exact dates 
and times for this event will be determined annually.

0
11. 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 without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period: The third week in October. The exact dates 
and times for this event will be determined annually.

0
12. 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) Enforcement Period: The first or second week in June. The exact 
dates and times for this event will be determined annually.

0
13. 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) Enforcement Period: The third or fourth week in June. The exact 
dates and times for this event will be determined annually.

0
14. 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) Enforcement Period: The third or fourth week in June. The exact 
dates and times for this event will be determined annually.
    (d) 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 in the regulated area must comply with all directions given to 
them by the Coast Guard Patrol Commander.

    Dated: July 1, 2008.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E8-16397 Filed 7-17-08; 8:45 am]
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