[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Rules and Regulations]
[Pages 36390-36393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14972]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0403]
RIN 1625-AA08


Special Local Regulations; Annual Bayview Mackinac Race

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent Special Local 
Regulations to provide for the safe control of vessel movement during 
the start of the Annual Bayview Mackinac Race, commonly known as the 
Port Huron to Mackinac Sail Race. This action is necessary to provide 
for the safety of the general boating public and commercial shipping 
during the start of the race.

[[Page 36391]]


DATES: This rule is effective July 21, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble, are part of docket [USCG-2012-
0403]. To view documents mentioned in this preamble as being available 
in the docket, go to http://www.regulations.gov, type the docket number 
in the ``SEARCH'' box, and click ``Search.'' You may visit the Docket 
Management Facility, 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 on this rule, 
email or call Frank Jennings, Jr., Auxiliary and Boating Safety Branch, 
Ninth Coast Guard District, 1240 East 9th Street, Cleveland, OH, via 
email at: [email protected] or by phone at: (216) 902-6094. If 
you have questions on viewing or submitting material to the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 15, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations; Annual Bayview Mackinac Race 
in the Federal Register (77 FR 28538). We received 0 comments on the 
proposed rule. No public meeting was requested, and none was held.
    The Coast Guard recognizes that this final rule may be effective 
less than 30 days after publication in the Federal Register. Under 5 
U.S.C. 553(d)(3), an agency may issue a rule less than 30 days before 
its effective date when the agency finds good cause to do so. For this 
rule, the Coast Guard finds that good cause exists for publishing this 
final rule less than 30 days before its effective date. Delaying the 
effective date of this final rule would prevent its enforcement on the 
scheduled day of the 2012 race and thus, would preclude the Coast Guard 
from protecting spectators and vessels from the associated hazards, 
which are discussed herein. The goal of delaying the effective date is 
to allow the public time to prepare to comply with the new rule. In 
this case, that goal is supported by the NPRM published in rule has 
been met by the NPRM published in May of this year. In addition, this 
race is a local institution and has been run every year since 1925. The 
Coast Guard does not expect any member of the public to be unable to 
comply with the rule because they did not have sufficient time to 
prepare.

B. Basis and Purpose

    The Port Huron to Mackinac sail race (currently titled the ``Bell's 
Beer Bayview Mackinac Race'') is an annual regatta that has taken place 
since 1925. The race occurs in July of each year with a starting point 
in Port Huron, MI. It is typical for more than 200 sailboats to take 
part in this annual event. The Coast Guard's 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 recreational vessels 
and sailing vessels gathered together in high concentrations within a 
congested area known to have fast currents could lead to serious 
boating injuries or fatalities.

C. Discussion of Rule

    In light of the extra and unusual hazards likely to occur at the 
starting point of the Port Huron to Mackinac sail race, the Coast Guard 
is establishing permanent Special Local Regulations. These Special 
Local Regulations will be enforced in July of each year, and the exact 
times and dates of enforcement will be published in the Federal 
Register annually via a Notice of Enforcement.
    This Special Local Regulation will apply in the starting area of 
the race in the vicinity of Port Huron, MI. Specifically, this 
regulated area will include all U.S. navigable waters of the Black 
River, St. Clair River and lower Lake Huron starting at: Latitude 
042[deg]58'47'' N, longitude 082[deg]26'0'' W; then easterly to 
latitude 042[deg]58'24'' N, longitude 082[deg]24'47'' W; then northward 
along the International Boundary to latitude 043[deg]2'48'' N, 
longitude 082[deg]23'47'' W; then westerly to the shoreline at 
approximate location latitude 043[deg]2'48'' N, longitude 
082[deg]26'48'' W; then southward along the U.S. shoreline to latitude 
042[deg]58'54'' N, longitude 082[deg]26'1'' W; then back to the 
beginning [DATUM: NAD 83].
    In order to ensure the safety of spectators and those vessels 
participating in the race, the Coast Guard will patrol the regulated 
area under the direction of a designated Coast Guard Patrol Commander 
(PATCOM). Vessels desiring to transit the regulated area may do so but 
only with prior approval of the PATCOM and only when so directed by 
that individual. The PATCOM may be contacted on Channel 16 (156.8 MHZ) 
by the call sign ``Coast Guard Patrol Commander.'' Vessels allowed 
within the regulated area will be operated at a no wake speed and in a 
manner that will not endanger participants in the event or any other 
craft. These Special Local Regulations shall not apply to vessels 
participating in the event or government vessels patrolling the 
regulated area.
    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).

D. 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.

1. 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 Order. Executive Order 
12866 or under section 1 of Executive Order 13563. The Office of 
Management and Budget has not reviewed it under 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 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 legal or policy issues.
    This Special Local Regulation will be enforced for only seven hours 
on a single day in July of each year. Also, the regulated area will be 
a relatively small and only in effect at the race's starting point. It 
is expected that during the annual enforcement of this Special Local 
Regulation the majority of vessel traffic in the vicinity of the 
regulated area will be recreational in nature. Furthermore, some vessel 
traffic will be allowed to pass, albeit with caution and at a reduced 
speed, through the regulated area with the permission of

[[Page 36392]]

the Coast Guard Patrol Commander. Finally, the Coast Guard expects that 
public awareness of this event, along with the Coast Guard's regulation 
of it, is particularly high. As mentioned above, this race has recurred 
regularly since 1925, and the Coast Guard has regulated it for many 
years with both permanent and temporary regulations. Despite the race's 
long history, the Coast Guard still intends to issue maritime 
advisories to current users of the affected waterways. On the whole, 
local maritime interests are already well familiar with the effects of 
this event and this Special Local Regulation.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 might 
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 during the month of July each year. This Special Local 
Regulations will not have a significant economic impact on a 
substantial number of small entities for the same reasons discussed in 
above Regulatory Planning and Review section.

3. 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 rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. 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.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

8. 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.

9. 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.

10. 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.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

13. 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 determined 
that 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 involves the establishment of Special Local 
Regulations and is therefore categorically excluded under figure 2-1, 
paragraph (34)(h), of the Instruction. During the annual permitting 
process for this event an environmental analysis will be conducted to 
include the effects of these proposed Special Local Regulations. Thus, 
no preliminary environmental analysis checklist or Categorical 
Exclusion Determination (CED) are required for this proposed rulemaking 
action. 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

    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.  100.902 to read as follows:

[[Page 36393]]

Sec.  100.902  Special Local Regulations; Annual Bayview Mackinac Race.

    (a) Regulated area. These Special Local Regulations apply to all 
U.S. navigable waters of the Black River, St. Clair River, and lower 
Lake Huron, bound by a line starting at latitude 042[deg]58'47'' N, 
longitude 082[deg]26'0'' W; then easterly to latitude 042[deg]58'24'' 
N, longitude 082[deg]24'47'' W; then northward along the International 
Boundary to latitude 043[deg]2'48'' N, longitude 082[deg]23'47'' W; 
then westerly to the shoreline at approximate location latitude 
043[deg]2'48'' N, longitude 082[deg]26'48'' W; then southward along the 
U.S. shoreline to latitude 042[deg]58'54'' N, longitude 082[deg]26'1'' 
W; then back to the beginning [DATUM: NAD 83].
    (b) Enforcement period. These Special Local Regulations will be 
enforced annually at the commencement of the Bayview Mackinac Race. The 
enforcement period will last approximately seven hours on a single day 
each July. The Coast Guard will notify the public of the exact 
enforcement date and times via a Notice of Enforcement published in the 
Federal Register. Also, the Coast Guard may use marine broadcasts, 
local notice to mariners, local news media, on-scene oral notice, and 
broadcasts on VHF-FM marine radio Channel 16 (156.8 MHZ) to notify the 
public of the exact dates and times of enforcement.
    (c) Special local regulations. (1) No vessel may enter the 
regulated area established in paragraph (a) of this section without 
prior approval from the Coast Guard's designated Patrol Commander 
(PATCOM). The PATCOM may restrict vessel operation within the regulated 
area to vessels having particular operating characteristics.
    (2) Vessels permitted to enter this regulated area must operate at 
a no wake speed and in a manner that will not endanger race 
participants or any other craft.
    (3) The PATCOM may direct the anchoring, mooring, or movement of 
any vessel within this regulated area. A succession of sharp, short 
signals by whistle or horn from vessels patrolling the area under the 
direction of the 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, a Notice of 
Violation for failure to comply, or both.
    (4) If it is deemed necessary for the protection of life and 
property, the PATCOM may terminate at any time the marine event or the 
operation of any vessel within the regulated area.
    (5) In accordance with the general regulations in Sec.  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.''
    (6) The rules in this section shall not apply to vessels 
participating in the event or to government vessels patrolling the 
regulated area in the performance of their assigned duties.

    Dated: June 15, 2012.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2012-14972 Filed 6-15-12; 11:15 am]
BILLING CODE 9110-04-P