[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48311-48314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19214]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0327]
RIN 1625-AA08


Special Local Regulations; Regattas and Marine Parades in the 
Captain of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending special local regulations for 
annual regattas and marine parades in the Captain of the Port Lake 
Michigan Zone. This rule is intended to provide for the safety of life 
and property on navigable waters immediately prior to, during, and 
immediately after regattas or marine parades. This rule will establish 
restrictions upon, and control the movement of, vessels in a portion of 
the Captain of the Port Lake Michigan Zone.

DATES: This final rule is effective September 9, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0327. 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.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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, 
contact MST1 Joseph McCollum, Prevention Department, Coast Guard Sector 
Lake Michigan, Milwaukee, WI at (414) 747-7148 or by email at 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, 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
TFR Temporary Final Rule

A. Regulatory History and Information

    On April 6, 2007, the Coast Guard published an NPRM for the events 
that are listed within this regulation and made them available for 
public comment (72 FR 17062). No comments were received. The Coast 
Guard followed this NPRM with an Final Rule on September 27, 2007 (72 
FR 54832).
    On June 14, 2013, in an effort to provide the public with the most 
accurate and up-to-date information regarding these same events, the 
Coast Guard published an NPRM entitled Regattas and Marine Parades in 
the COTP Lake Michigan Zone in the Federal Register (78 FR 35783). We 
did not receive any comments in response to the proposed rule. No 
public meeting was requested and none was held.

B. Basis and Purpose

    This rule is intended to ensure safety of life and property on the 
navigable waters immediately prior to, during, and immediately after 
regattas or marine parades. This rule will establish restrictions upon, 
and control the movement of, vessels in a specified area of the Captain 
of the Port Lake Michigan zone.
    For each of these events, the Captain of the Port, Lake Michigan, 
has determined that the likely combination of a race involving a large 
number of competitors, spectators, and transiting water craft in a 
congested area of water presents significant safety risks. These risks 
include collisions among competitor and spectator vessels, injury to 
swimmers from transiting water craft, capsizing, and drowning.
    The authority for this regulation is 33 U.S.C. 1233.

C. Discussion of Comments, Changes, and the Final Rule

    The Coast Guard received no comments on this rule. No changes have 
been made.
    This rule will remove 1 event and amend 5 annual marine events 
listed in 33 CFR Part 100. This rule will amend 33 CFR Part 100 by 
making updates within the following sections:
    33 CFR 100.903, Harborfest Dragon Boat Race; South Haven, MI. The 
Harborfest Dragon Boat Race is an annual event involving an estimated 
250 participants maneuvering self-propelled vessels within a portion of 
the Black River in South Haven, MI. The organizer for this event 
submitted a 2013 application showing a date that is different from what 
is currently codified within the CFR. For that reason the Coast Guard 
will amend 33 CFR 100.903 to reflect an updated effective date for this 
event of Saturday and Sunday of the 4th weekend of June, from 6 a.m. 
until 7 p.m.
    33 CFR 100.904; Celebrate Americafest; Green Bay, WI. This event 
will be removed by this rule because it has been codified within 33 CFR 
165.929 Safety Zones; Annual events requiring safety zones in the 
Captain of the Port Lake Michigan zone. The Coast Guard determined from 
past experience that a safety zone best addresses the safety hazards 
associated with this event.
    33 CFR 100.905; Door County Triathlon; Door County, WI. The swim 
portion of the Door County Triathlon is expected to involve thousands 
of participants in the waters of Horseshoe Bay--a portion of Green Bay. 
As this event is currently listed, the effective date expired on July 
23 and 24, 2011. The Coast Guard has spoken with the event organizer 
and confirmed that this Triathlon is expected to reoccur

[[Page 48312]]

annually. For that reason, the Coast Guard will amend 33 CFR 100.905 to 
reflect an updated effective date for this event. Likewise, this rule 
will amend the location and size of the regulated area for this event. 
This rule will shrink the size of the regulated area by 1000 yards and 
move the regulated area into the waters of Horseshoe Bay, some 600 
yards southeast of its currently-listed location.
    33 CFR 100.906; Grand Haven Coast Guard Festival Waterski Show; 
Grand Haven, MI. This rule will amend the effective date of this event 
so that, should the date change, the Coast Guard will give notice to 
the public of the effective date by Notice of Enforcement.
    33 CFR 100.907; Milwaukee River Challenge; Milwaukee, WI. The 
Milwaukee River Challenge is a rowing competition involving 40' and 60' 
rowing shells. The event is expected to involve hundreds of 
participants and spectators. The event organizer for the Milwaukee 
River Challenge informed the Coast Guard that the Milwaukee River 
Challenge Race will take place at an earlier time than is currently 
listed in 33 CFR 100.907. The event organizer further informed the 
Coast Guard that the rowing shells involved in the Milwaukee River 
Challenge will race along a portion of the Menomonee River as well as 
the Milwaukee River. As it is currently listed in 33 CFR 100.907, only 
the Milwaukee River is named within the ``Regulated Area'' section. 
This rule will add the Menomonee River to the ``Regulated Area'' 
section, as well as update the effective date to the third Saturday of 
September; from 8 a.m. to 4 p.m.
    33 CFR 100.909; Chinatown Chamber of Commerce Dragon Boat Race; 
Chicago, IL. The Chinatown Chamber of Commerce Dragon Boat Race is an 
annual event involving an estimated 1000 participants maneuvering self-
propelled vessels within a portion of the Chicago River in Chicago, IL. 
The organizer for this event submitted an application showing a date 
that is different from what is currently codified within the CFR, and 
is expected to differ in the future. For that reason the Coast Guard 
will amend 33 CFR 100.909 to reflect an updated effective date for this 
event of the second Friday and Saturday of July from 11:30 a.m. to 5 
p.m.
    The Captain of the Port, Lake Michigan will notify the public of 
the enforcement of the special local regulations in this rule by all 
appropriate means. Such means of notification will include, but are not 
limited to, Broadcast Notice to Mariners and Local Notice to Mariners.
    The events within this rule are expected to occur on certain dates 
each year. Because these dates are subject to change, the Coast Guard 
will provide notice of any change in date via a Notice of Enforcement. 
Additionally, the Coast Guard will also provide notice via a Broadcast 
Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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 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. The special local regulations established by 
this rule will be periodic, of short duration, and are designed to 
minimize impact on navigable waters. Thus, restrictions on vessel 
movement are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through the regulated areas when 
permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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 affected waters within the Lake Michigan Zone on the days 
in which these special local regulations are enforced.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of these regulated areas, we would issue local Broadcast 
Notice to Mariners so vessel owners and operators can plan accordingly.

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 so that they can better evaluate 
its effects on them and participate in the rulemaking process. If this 
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 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. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to

[[Page 48313]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Technical Standards

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

14. 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 regulated areas 
and, therefore it is categorically excluded from further review under 
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination 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. Revise Sec.  100.903 to read as follows:


Sec.  100.903  Harborfest Dragon Boat Race; South Haven, MI.

    (a) Regulated Area. A regulated area is established on the Black 
River in South Haven, MI within the following coordinates starting at 
42[deg]24'13.6'' N, 086[deg]16'41'' W; then southeast 42[deg]24'12.6'' 
N, 086[deg]16'40'' W; then northeast to 42[deg]24'19.2'' N, 
086[deg]16'26.5'' W; then northwest to 42[deg]24'20.22'' N, 
086[deg]16'27.4'' W; then back to point of origin (NAD 83).
    (b) Special Local Regulations. The regulations in 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. These regulations are effective annually on the 
Saturday and Sunday of the 4th weekend of June, from 6 a.m. until 7 
p.m. The time and date for this event are subject to change. In the 
event of a schedule change, the Coast Guard will issue a Notice of 
Enforcement with the exact date and time that this regulated area will 
be enforced.


Sec.  100.904  [Removed]

0
3. Remove Sec.  100.904 Celebrate Americafest, Green Bay, WI.

0
4. Revise Sec.  100.905 to read as follows:


Sec.  100.905  Door County Triathlon; Door County, WI.

    (a) Regulated Area. A regulated area is established to include all 
waters of Horseshoe Bay within a 1000-yard radius from a position at 
45[deg]00'52.6'' N, 087[deg]20'6.7'' 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. These regulations are effective annually on the 
Saturday and Sunday of the third weekend of July; from 7 a.m. to 10 
a.m. The time and date for this event are subject to change. In the 
event of a schedule change, the Coast Guard will issue a Notice of 
Enforcement with the exact date and time that this regulated area will 
be enforced.

0
5. Revise Sec.  100.906 to read as follows:


Sec.  100.906  Grand Haven Coast Guard Festival Waterski Show, Grand 
Haven, MI.

    (a) Regulated Area. All waters of the Grand River at Waterfront 
Stadium from approximately 350 yards upriver to 150 yards downriver of 
Grand River Lighted Buoy 3A (Light list number 19000) within the 
following coordinates: 43[deg]04' N, 086[deg]14'12'' W; then east to 
43[deg]03'56'' N, 086[deg]14'4'' W; then south to 43[deg]03'45'' N, 
086[deg]14'10'' W; then west to 43[deg]03'48'' N, 086[deg]14'17'' W; 
then back to the point of origin (NAD 83).
    (b) Special Local Regulations. The regulations in 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. These regulations are effective annually the 
Tuesday before the first Saturday in August; 7 p.m. to 9 p.m. The time 
and date for this event are subject to change. In the event of a 
schedule change, the Coast Guard will issue a Notice of Enforcement 
with the exact date and time that this regulated area will be enforced.

0
6. Revise Sec.  100.907 to read as follows:


Sec.  100.907  Milwaukee River Challenge; Milwaukee, WI.

    (a) Regulated Area. All waters of the Milwaukee River from the 
junction with the Menomonee River at position 43[deg]01'54.9'' N, 
087[deg]54'37.6'' W to the

[[Page 48314]]

East Pleasant St. Bridge at position 43[deg]03'5.7'' N, 
087[deg]54'28.1'' W (NAD 83). All waters of the Menomonee River from 
the North 25th St. Bridge at position 43[deg]01'57.4'' N, 
087[deg]56'40.9'' W to the junction with the Milwaukee River (NAD 83).
    (b) Special Local Regulations. The regulations in 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. These regulations are effective annually on the 
third Saturday of September; from 8 a.m. to 4 p.m. The time and date 
for this event are subject to change. In the event of a schedule 
change, the Coast Guard will issue a Notice of Enforcement with the 
exact date and time that this regulated area will be enforced.

0
7. Revise Sec.  100.909 to read as follows:


Sec.  100.909  Chinatown Chamber of Commerce Dragon Boat Race; Chicago, 
IL.

    (a) Regulated Area. All waters of the South Branch of the Chicago 
River from the West 18th Street Bridge at position 41[deg]51'28'' N, 
087[deg]38'06'' W to the Amtrak Bridge at position 41[deg]51'20'' N, 
087[deg]38'13'' W (NAD 83).
    (b) Special Local Regulations. The regulations in 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. These regulations are effective annually on the 
second Friday and Saturday of July from 11:30 a.m. to 5 p.m. The time 
and date for this event are subject to change. In the event of a 
schedule change, the Coast Guard will issue a Notice of Enforcement 
with the exact date and time that this regulated area will be enforced.

    Dated: July 26, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-19214 Filed 8-7-13; 8:45 am]
BILLING CODE 9110-04-P