[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Rules and Regulations]
[Pages 36605-36607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17748]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0659]
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 25, 
2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0659 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 USCG-2009-0659 
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., Enforcement 
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, but 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. Based on the late discovery of the 
missing permanent rule, 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. The special local regulation 
pertaining to this annual race was previously published in the Code of 
Federal Regulations, but 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 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 25, 2009. 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 1983].
    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

[[Page 36606]]

(``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.

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 25, 2009.
    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 
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

[[Page 36607]]

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)(h), of the Instruction. This rule involves the enforcement of 
special local regulations, pursuant to 33 CFR 100, for the annual Port 
Huron to Mackinac Island Sail Race, July 25, 2009 at 9 a.m. to July 25, 
2009 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.


0
2. A new temporary Sec.  100.35T09-0659 is added as follows:


Sec.  100.35T09-0659  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 1983].
    (b) Effective period. This rule is effective from 9 a.m. to 4 p.m. 
on July 25, 2009.
    (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 even 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 PATCOM 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 10, 2009.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E9-17748 Filed 7-23-09; 8:45 am]
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