[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Rules and Regulations]
[Pages 43893-43896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18483]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2011-0648]
RIN 1625-AA08


Special Local Regulations; Port Huron to Mackinac Island Sail 
Race

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish a temporary 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's starting point and to provide for the safety of the 
general boating public and commercial shipping. No person or vessel may 
enter the regulated area without the permission of the Ninth District 
Commander or the Coast Guard Patrol Commander (PATCOM).

DATES: This temporary final rule is effective from 9 a.m. through 4 
p.m. on July 23, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0648 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0648 in the 
Docket ID box, and then clicking ``Search.'' This material is 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, 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 final 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 doing so is unnecessary and 
contrary to the public interest. Publishing an NPRM for this rule is 
unnecessary and contrary to the public interest because the event is 
well-known, non-controversial, and the impact of the regulation on 
navigation and the public is very low. This event is well-known in the 
community. This year will be the 87th annual running of this race, and 
regulations have been published relating to this event since 1995. From 
1995 to 2008, this event was listed in a recurring marine events list 
in the Code of Federal Regulations. This event is non-controversial. In 
the various regulations and notices published for this event in the 
last sixteen years, no negative comments have ever been received and 
few, if any Notices of Violation have been issued. This regulation will 
have very little impact on the boating public. The regulation is for 
less than one day, for a regulated area which remains open to 
navigation, though subject to the control of the Patrol Commander.

[[Page 43894]]

    The Coast Guard is currently engaged in a revision of the permanent 
regulation for this recurring annual event. While this event has taken 
place annually for some time, the Special Local Regulation for the 
event has undergone significant changes in the last several years. 
While these changes are in process, Temporary Final Rules are being 
used to protect event participants and the public from the hazards 
associated with the event.
    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. For the same reasons discussed in 
the preceding paragraphs, waiting 30 days for this rule to become 
effective is unnecessary and contrary to the public interest.

Background and Purpose

    The Port Huron to Mackinac boat race (officially titled the 
``Bell's Beer Bayview Mackinac Race'') will set sail on Saturday, July 
23, 2011. Over 200 sailboats are expected to take part in this regatta, 
which starts in Port Huron. The Ninth District Commander has determined 
that the high concentration of participants and spectators at the 
race's starting point poses extra and unusual hazards to the boating 
public. The likely combination of congested waterways, vessels engaged 
in a regatta, and fast currents could result in serious injuries or 
fatalities.

Discussion of Rule

    With the aforementioned hazards in mind, the Ninth District 
Commander will enforce special local regulations in the vicinity of the 
race's starting point from 9 a.m. until 4 p.m. on July 23, 2011. The 
special local regulations apply to the waters of the Black River, St. 
Clair River and lower Lake Huron bounded by a line starting at: 
latitude 042[deg]58'47'' N, longitude 082[deg]26'00'' W; then easterly 
to latitude 042[deg]58'24'' N, longitude 082[deg]24'47'' W; thence 
northward along the International Boundary to latitude 043[deg]02'48'' 
N, longitude 082[deg]23'47'' W; then westerly to the shoreline at 
approximate location latitude 043[deg]02'48'' N, longitude 
082[deg]26'48'' W; thence southward along the U.S. shoreline to 
latitude 042[deg]58'54'' N, longitude 082[deg]26'01'' W; then back to 
the beginning. All coordinates reference the North American Datum of 
1983 (NAD 83).
    In order to ensure the safety of spectators and participating 
vessels, this special local regulation will be in effect for the first 
day of the event. The Coast Guard will patrol the race area under the 
direction of a designated Coast Guard Patrol Commander (PATCOM). Any 
vessel desiring to transit the regulated area, including commercial 
vessels, may do so only with prior approval of the PATCOM and only when 
so directed by the PATCOM. The PATCOM may be contacted on VHF-FM 
Channel 16 (156.8 MHZ) by the call sign ``Coast Guard Patrol 
Commander.''
    Vessels allowed to enter the regulated area will be operated at a 
no wake speed to reduce the wake to a minimum and in a manner that 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.

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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this rule is 
not a significant regulatory action because we anticipate that during 
the short time this zone will be in effect, it will have minimal impact 
on the economy, will not interfere with other agencies, will not 
adversely alter the budget of any grant or loan recipients, and will 
not raise any novel or legal policy issue. These conclusions are based 
on this special local regulation's short and temporary nature along 
with its application to only those waters in the vicinity of the race's 
starting point. Plus, vessels may still pass through the regulated area 
with permission from the PATCOM. Finally, the Coast Guard expects the 
public to be well aware of this event and thus, able to plan 
accordingly.

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 23, 2011.
    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 
regulated area with the permission of the Coast Guard Patrol Commander; 
and 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).

[[Page 43895]]

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 (adjusted for 
inflation) 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

    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.

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 that 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 a special local regulation issued 
in conjunction with a regatta or marine parade, and thus, paragraph 
34(h) applies. 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.

    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. Add Sec.  100.35T09-0648 to read as follows:


Sec.  100.35T09-0648  Special Local Regulations; 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 starting at: 
Latitude 042[deg]58'47'' N, longitude 082[deg]26'00'' W; then easterly 
to latitude 042[deg]58'24'' N, longitude 082[deg]24'47'' W; thence 
northward along the International Boundary to latitude 043[deg]02'48'' 
N, longitude 082[deg]23'47'' W; then westerly to the shoreline at 
approximate location latitude 043[deg]02'48'' N, longitude 
082[deg]26'48'' W; thence southward along the U.S. shoreline to 
latitude 042[deg]58'54'' N, longitude 082[deg]26'01'' W; then back to 
the beginning [DATUM: NAD 83].
    (b) Enforcement period. This rule will be enforced from 9 a.m. to 4 
p.m. on July 23, 2011.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35 of this part, the Coast Guard will patrol the regulated 
area under the direction of a designated Coast Guard Patrol Commander 
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16 (156.8 MHz) 
by the call sign ``Coast Guard Patrol Commander.'' Vessels desiring to 
enter or transit the regulated area may do so only with prior approval 
of the PATCOM and only when so directed by that officer.
    (2) Vessels allowed to enter the regulated area 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 regulated 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

[[Page 43896]]

the regulated 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 regulated 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 12, 2011.
J.R. Bingaman,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard 
District.
[FR Doc. 2011-18483 Filed 7-21-11; 8:45 am]
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